To lawyer up or not to lawyer up, that is the question!

[Pumpkin7722]

Hi guys!

I've posted before on how I'm going to be applying for an EEA Residence Card shortly (3rd week of August if everything goes according to plan). I was wondering if I should pay the hefty £2000+ solicitor fees for them to do it on our behalf. Our situation is fairly straightforward:

-I'm a Canadian citizen with a Tier 2 visa valid until June 2020 (was previously on a Tier 5)
-will be getting married to an Austrian citizen once our notice period is over (hopefully only 28 days, but waiting to hear back)
-we've been in a relationship for 3 years (lots of pics and documentation), and been living together for 1 year and 8 months (also have proper documentation for this)
-my fiance (QP) has been working at the same employer (large multinational) for 18 months, basically started working within a few weeks of when we arrived in the UK in Feb 2016
-no dependents, no criminal history, no benefits claimed and no issues with overstaying

I've contacted a few lawyers to ask how much they charge to fill in the form and submit on our behalf etc, and it's quite expensive, but something we're willing to pay for if it's highly recommended. Is the "covering letter" that they provide something that makes or breaks your application? Is this something I can do on my own?

The application itself is very straightforward for us — the majority of it doesn't even apply to us. Might be worth it to pay the £300 for an hour consultation to check it after it's done, but not sure if I should buy the full package. My only issue is that it might look kind of weird that I'm applying for this right after getting married, and also just a few months after getting the Tier 2 (I hate my job, and would rather start my time over closer to the beginning of my Tier 2 time than wait a year or 2).

What do you guys think?

Thank you!!

[secret.simon]

How has your Austrian wife-to-be exercised her treaty rights in the UK so far? Can you list her entire history (in month/year) in the UK?

[Pumpkin7722]

Hi secret.simon!

We both arrived here in the UK on February 3rd, 2016. He started working at a management consulting firm on February 25th 2016, and has been working there non-stop since then. So he's a Qualified Person who will be applying for a Registration Certificate as he has been employed for 1 year and 5 months.

Hope that helps!

[secret.simon]

So long as he has proof of exercising treaty rights, the application should be straightforward. I do not think a lawyer is required.

[Pumpkin7722]

Thanks secret.simon!

That would make sense right? It's what I was thinking as well. But being someone who is obsessed over details, I've been scouring this forum for months to find indications what works and what doesn't and I'm kind of freaked out reading all the instances of refusals despite the applicant doing everything right! For example, I read somewhere that someone was refused because the Home Office ignored all evidence of the couple having lived together for 4 years.

Then again, whether I do everything right, or a lawyer does everything right, if the Home Office wants to unlawfully refuse, then they will do it.

Just trying to calm my nerves a bit!

[Daniann]

I went to solicitor for my and my wife applications and I paid handsome amount of money just to give my self peace in mind , you will pay 2k that's true but you will feel mor relax .
I think it's good idea to go to solicitor to do all the job and relax

[Pumpkin7722]

Thanks for the response Daniann!

That peace of mind might be worth it — we'll decide after our consultation. Was your situation straightforward as well, or did you have some weird situation?

[Daniann]

Thanks for the response Daniann!

That peace of mind might be worth it — we'll decide after our consultation. Was your situation straightforward as well, or did you have some weird situation?

It wasn't complicated but it need some explainations regarding some points and we had very strong support documents .
I could do the job by my self but I prefer to pay and finish the job for me just in case anything happen.
I advice you even if you go to solicitor to do it be sure that you review the applection and the covering letter before the solicitor send it to the HO
G luck

[Pumpkin7722]

Thank you Daniann!

Btw, what is a covering letter exactly and what does it include?

[Daniann]

It's will give summery about your application , the support documents to sending , about your and your EEA immigration history and if there is anything to explain in detailes .
I believe it's important to have nice covering letter..

[Pumpkin7722]

Ok, that's really good to know Daniann. Thank you so much for your input Daniann and secret.simon!

[VIETY]

Hello Pumpkin,

I was in a similar situation like yours, my application was very straightforward so I decided to do everything myself. Even though the company where I am working agrees to pay for the lawyer fees, I decided to do it on my own. As I would like to understand the system and also I don't want to wait for the lawyer for 1-2 weeks to get back to me.

In the end I prepared my application package, wrote a cover letter and asked my partner to write a cover letter as well. I also gave a list of all the supporting documents I submit. I then asked the lawyer to review my application form and if the list of supporting documents was sufficient. They said yes after 30' reviewing. (I don't know how much they charge my company for reviewing the application, but again I think it is not worth it. You can ask your partner to do it instead).

So I just sent it off last week. If you have to pay your own money, I would not use lawyer for such a straightforward case. Book yourself a nice holiday instead once you get the RC.

Good luck

[Richard W]

As you have time for 5 cycles of application and rejection before for your visa expires in mid 2020, I would say relax, and keep your money. What is more, the application should become easier as the EEA residence card is replaced by a new UK visa based on the EEA national's period of residence rather than his period of working or similar. The bad news is that sooner or later you will have to apply for the latter any way, and being refused will have severer consequences once the UK leaves the EEA - assuming that it does.

[Pumpkin7722]

Thank you VIETY and Richard W!! That helps a lot!

VIETY, what did you include in your Cover Letter? Do you have a suggested format? I tried googling a bit but couldn't really find much. I was thinking just a few sentences on what we're applying for, and then point form notes on my previous visas (Tier 5 from December 31 2015 -June 30 2017, Tier 2 from July 1 2017 to present) etc., and then point form on the documents provided.

What do you think?

Thanks again.

[imbik]

Shortly speaking, I do not have any penny for a solicitor. Why, because he/she should be able to do what I can not. Here is what I did;
My wife is a Bulgarian, I and our 2 children are non_EU citizens. We entered the UK with the whole family 5 months ago thanks to my wife. Last month, before our EEA Family Permits expire we applied for EEA_FM (me and the children) and for EEA_QP (my wife) even she had only 1 payslip. I filled both forms myself. Grouped the documents as individuals; passports, bills, bank statements, payslips, birth certificates, school documents, photos, etc. I also wrote a declaration letter as the following;

Home Office – EEA applications.......

Application : EEA (QP) + EEA (FM)
Subject : Declaration from the EU citizen regarding.......
Reference : Directive 2004/38/EC of.........

Dear Case Officer;
My name is ..... EU national information (nationality, passport no, DOB)
My family .....non- EU nationals information (nationality, passport no, DOB)
We entered the UK on......... and currently residing at............
Current individual situations for each family members in the UK (where he/she works or study, when started, English level, course if any)
Why we came to the UK, future plans in the UK, any benefit, any special circumstance...
I have a clear understanding of Directive 2004/38/EC that regulates................I kindly request Home Office to issue................
I hereby declare that all information provided in this letter..........................
Name, date, signature, contact number.

The important point for EEA route is that you must prove your togetherness especially during application. Secondly tell them what is your and your partner's current situation then your future plans in the UK by a kind and clear letter, that is all.

For me I do know we are all dependent on my EU-national wife who doesn't have any strong evidence of treaty rights but which solicitor can change her situation and can do more than what I do myself.

Your situation is much better than me, fill the forms yourself, add your togetherness documents and send it to Home office at ease. Then spend that 2000 pounds for a great holiday somewhere else.

Regards

[ElizabethApricot]

I'm a US citizen (Polish husband) and applied in March. I just got my residence card yesterday.

We did the application ourselves, and while it was annoying, I don't think it's worth 2000 GBP to have it done by a lawyer. I'm guessing you'd have to assist the lawyer by providing the documents anyhow, and for me getting the documents together took much longer than filling out the application.

This was our cover letter:


EEA FM Application
Declaration from Sponsor

My name is YYY and I am a Polish National exercising my treaty rights with employment in the UK. I would like to sponsor my wife, named XXX, for an EEA Residence Card.

We are including the following documents with this application:
• Passport-sized photos (2 of XXX(applicant), 1 of YYY (sponsor))
• Passport of non-EU national (XXX)
• Passport of EU national (YYY)
• Evidence that EU national (YYY) is exercising treaty rights in the UK:
o Employer’s declaration
o NatWest transaction statement (with bank stamp) from past three months showing receipt of
wages
• Original marriage certificate (in Polish language)
• Certified translation of marriage certificate into English
• Proof that YYY was eligible to marry XXX:
o Divorce certificate from previous spouse (in Polish language)
o Certified translation of divorce certificate into English
• Proof of living together:
o Bank letter, utility (gas) refund letter, and letter from GP in YYY's name
o Bank letter, NI letter, and letter from GP in XXX's name
• Additional evidence of relationship:
o Photos of us together
o Call logs
o LINE app conversation screenshots
o Email records
o Airline tickets


I understand that this application will be processed according to EU law (Citizens Rights Directive 2004/38/EC).


Regards,
YYYY


Signature: ________________________
Date: ___________________________



As you can see our application was made a bit more complicated because my husband was previously married and then divorced at a young age. If one of you was widowed or divorced you basically have to provide evidence that the previous relationship had ended. I probably provided too much additional evidence of our relationship, but I thought since we haven't been married for two years, I should provide a lot, especially to show how we maintained contact when living apart.

[VIETY]

VIETY, what did you include in your Cover Letter? Do you have a suggested format? I tried googling a bit but couldn't really find much. I was thinking just a few sentences on what we're applying for, and then point form notes on my previous visas (Tier 5 from December 31 2015 -June 30 2017, Tier 2 from July 1 2017 to present) etc., and then point form on the documents provided.

In my cover letter, I detailed what I am applying for and make a list of my supporting documents.

1. Proof of my husband’s identity and status in the UK

- His ID card and a certified copy of his passport
- Document Certifying Permanent Residence in the UK
- Letter from company - confirming his employment
- pay slips for the last 16 months from March 2016 till June 2017
- recent bank statements from November 2016 till June 2017

2. Proof of our spousal relationship

- Our original marriage certificate dated .... registered at ABC Council
- Photos of our wedding day and photos that we took together at different occasions in different parts of the world.
- Extracts from our chat log history at different period
- Flight tickets, boarding passes for travels we made together or to see each other.

3. Proof of living together at the same address -

- Council tax bills under our names
- Barclays Bank joint account statements under both of our names
- Electricity and Gas account under both of our names
- Tenancy contract under my husband’s name
- Water bill under my husband’s name
- Barclays Bank Account statement under my name
- Letter from HM Revenue & Custom
- Letter from NHS/GP

Hope it helps

[VIETY]

I'm a US citizen (Polish husband) and applied in March. I just got my residence card yesterday.

Hi Elizabeth,

That's really quick. I can't believe you have got your RC in less than 5 months. Fingers crossed our straightforward cases would be dealt with quickly like yours

[ElizabethApricot]

I'm a US citizen (Polish husband) and applied in March. I just got my residence card yesterday.

Hi Elizabeth,

That's really quick. I can't believe you have got your RC in less than 5 months. Fingers crossed our straightforward cases would be dealt with quickly like yours

Yeah, my application was received 14/3, so 4.5 months. I was completely surprised; I wasn't expecting it until September. Maybe they're faster than they used to be. My husband and I are moving, and the week of 16 July a letting agent probably (don't know for sure, but they are supposed to) did a right to rent check online with my Case ID number. That made me wonder if that sped stuff up a bit.

I did notice that the date on my certificate of application (issued in May) is a Saturday, so maybe they're all working overtime.

[munirabid]

tell your Lanlord send right to rent request to home office link below and you need to give your landlord to your HO ref and your current address and home office will reply within 2 working days and hopefully you will get right to rent

https://eforms.homeoffice.gov.uk/outrea ... ation.ofml