Legal & Immigration Status COA while EEA2 Pending

[malik0543]

Hi Obie

Could you please help me to find out....

whats the legal status / immigration status of a person (Non EU Extended family member of EU/ British National ) who lived in an other EU member state while his sponsor were exercising his EU Treaty rights and on return enter in the UK illegally and applied for EEA residence card and have COA with no working right ?

Is applicant is liable to detain if stop by police or immigration on train stations etc ?

[vinny]

Is this related to your previous topic?

[vinny]

If he was considered to be illegally residing in Ireland, then his chances of him being legal in the UK under SS may be slim?

[malik0543]

Hi Vinny

Thanks for your reply.

but my question is about Legal/immigration Status of COA ?

will applicant will be consider as legal in country while application is pending ?

and if stop by police or immigration, will applicant liable to detain or not ?

[noajthan]

Hi Vinny

Thanks for your reply.

but my question is about Legal/immigration Status of COA ?

will applicant will be consider as legal in country while application is pending ?

and if stop by police or immigration, will applicant liable to detain or not ?

Applicant needs to be covered by a Family Permit (or similar) whilst the extended family member/dependent application is being processed.

And it's not cool to have a run in with the authorities whatever your status. (My neighbour is a traffic warden, lovely man, and yet I come out in a cold sweat just exchanging "good mornings").

[CR001]

Also, an extended family member does not have any automatic rights.

[reshma1]

hi Malik you are legal whilst waiting for a response. Even though you have no family permit, the application is under process, so in that time your brother is legal in Ireland.

[noajthan]

hi Malik you are legal whilst waiting for a response. Even though you have no family permit, the application is under process, so in that time your brother is legal in Ireland.

The brother is not in Ireland he appears to be in UK.