Advice for EEA2 Residence Card...Please help

[swish]

I have read through many of the posts on this forum which have been a huge help but I still have a few questions and would really appreciate a little advice.

I’m a non EU national who’s been in the UK for 3 years and am currently on a 5 year sponsored work permit. I’m married to an EU national who has been living in the UK for 9 years and we’re currently getting ready to send off my application for an EEA2 Residence Card. I know that my wife no longer is required to apply for an EEA1 but I wanted to know if it would make any difference in speeding up my application for the EEA2 Residence Card?

Would it be beneficial for me to include all of my work details with my application or are my wife’s work details, bank statements etc sufficient. Is it advisable to send more details of our relationship other than our current housing situation & marriage certificate?

Many thanks in advance.

[Samyr]

Hello,

I wud advice to apply both EEA1/EEA2 together it speeds up reaction. Make sure u put as many documents as possible for both parties.
Put both application in one envelope and send it to EEA1 on address.

All the best.

[swish]

Hey Samyr

Brilliant, thanks for the advice and for putting my mind at ease.

[Samyr]

Hello,

U welcome. All the best.

[Pasha]

It is not necessary for your EEA spouse to apply but there is a good chance that by submitting a joint application, the waiting time will be less.

In addition to the compulsory documents such as your marriage certificate, passports, birth certs and passport photos..examples of supporting documents you could include with your joint application are;

Household bills - telephone bills or statements, gas bills or statements, electricity bills or statements, water rates bills or statements, council tax bills or statements

Bank and Savings - bank or building society statements/passbooks

Accomodation - mortgage statements or agreement, tenancy agreement

Recreational - membership of sports or social clubs, membership of a religious organisation

Official documents - correspondence from government departments or agencies (eg HM Revenue and Customs, Inland Revenue, Department for Work and Pensions) including evidence that you have declared your relationship to the appropriate government bodies.

Healthcare - correspondence from GP or local health authority (eg: NHS card, correspondence about ante-natal and post-natal treatment, letter confirming dates of visits to the home address by a midwife, letter confirming registration with a dentist, etc - providing these documents show your home address and the date first registered) or details of private health cover.

Other - insurance policies/certificates or other correspondence, loan agreements, AA, RAC or similar membership

When we submitted our supporting documents, whether they were in joint names or not, we ensured that they covered atleast a two year period for each source provided.

Ensure that all documents are separated by source and filed in chronological order so it is easy to read. Also, include a self addressed, prepaid envelope for the return of your documents to you once your case had been processed. Keep a note of the special delivery reference number. Once your file is composed, make a photocopy of the entire file.

Hope this helps!

[sms82]

Actually, your spouse should submit EEA3 for a permanent residency stamp, not EEA1 again.

[swish]

Thanks so much, you've all been a great help & I really appreciate all the advice.

[mym]

In addition to the compulsory documents such as your marriage certificate, passports, birth certs and passport photos..examples of supporting documents you could include with your joint application are;

<snip long list>

There is NO reason whatever to include any of those. People are confusing the EEA2 with non-EEA applications under the UK Immigration Rules.

The BIA has NO discretion in the issuance of Residence documentation for EEA citizens and their non-EEA family members. If you prove that the EEA citizen is exercising Treaty Rights and supply your marriage certificate then they MUST issue the documentation. The only documents you need to supply are detailed in the form itself.

Have a read of the official guidance to those that make the decisions if it makes you feel happier about this. http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary

[Morpheo]

HI,

I don't know if you are aware, however, when switching to the EU law and having your new stump, your time for applying for ILR will be reset and you will need to wait again to qualify for PR after a further 5 years.

I would highly advise you to stay on your WP.

M

[mym]

I would highly advise you to stay on your WP.

Why?

[swish]

I'm a little worried as I haven't been able to find out what is needed to prove that my wife is exercising Treaty Rights... Is this just the fact that she's living and working in London? Could anyone give me a little clarity on this please?

@mym: thank you very much for the link

[Directive/2004/38/EC]

Your wife needs to be working or studying, or be self sufficient (which can be because you are supporting her).

[ribena]

hi there
firstly, my sincere apology if i hijack this thread and post in the wrong forum.
been awake all nite to gather info for my eea2.

i would like to ask:

1. i have been reading that once eea2 application is submitted.. we should receive the COA within 2-3 weeks? is that a right time frame?

2. also i noted that sometimes the coa can be delay sue to too many application or because they use 2nd class stamp. in that case, can we include a self address envelope with 1st class? has anyone does this? Is it allowed by HO?

looking forward to advices
thanks

[Pasha]

Once you apply using the EEA 2 form, you will receive a certificate if application within 2/3 weeks tops. This will state your rights as the family member of an eu national.

Under EU Law, it is stated that the COA should be issued immediately. This equates to approx 2/3 weeks waiting time once your application is submitted. I would not loose any sleep over it and can call to check.

The COA is normally posted out 2nd class. We included prepaid envelopes and they were not used. There is no rule as such against this as you are simply doing what you can to ensure that your documents are returned to you safely.

[ribena]

Once you apply using the EEA 2 form, you will receive a certificate if application within 2/3 weeks tops. This will state your rights as the family member of an eu national.

Under EU Law, it is stated that the COA should be issued immediately. This equates to approx 2/3 weeks waiting time once your application is submitted. I would not loose any sleep over it and can call to check.

The COA is normally posted out 2nd class. We included prepaid envelopes and they were not used. There is no rule as such against this as you are simply doing what you can to ensure that your documents are returned to you safely.

thanks Pasha for your advice.

[swish]

I have a slight concern that I would really appreciate any help from anyone who might have some advice for me.

I've sent off my EEA2 application and am hoping to receive my COA any day now as it's been just over 3 weeks. I know that I will have the right to work on this certificate and it will allow me to leave my current job which I'm on as a sponsored visa. My concern or question is if I leave my job and work on the certificate, what would happen if for some reason my residence card is rejected? Would I then be working in the UK illegally?

Thanking you in advance.

[Directive/2004/38/EC]

what would happen if for some reason my residence card is rejected? Would I then be working in the UK illegally?

Is there something in your case that would lead you to expect it to be rejected?

Normally they can only reject you on grounds of national security, for BIG public policy reasons, or if you have a WHO listed highly contagious disease. Or if you have a fraudulent marriage.

It is rare for a Residence Card to be rejected, and they are required to give a detailed reason if they do so.

[swish]

Now that you put it like that I don't think there should be any reason why they would not grant me a residence card as everything from our side is legitimate and in order.

Thank you very much for your response and for putting my mind at ease, it's much appreciated.

[Pasha]

Swish,

It took the HO 3 weeks to send our COA through having submitted both the EEA 1 and EEA2 forms together.

We got abit concerned but in our experience and research, so long as proof of your relationship (marriage cert), identity of applicant (passports), exercising treat right (letter from employers, letter from college/uni if studying, tax self assessments (self employed) are included, your application is valid and hence your COA will be issued. The only grounds for refusal of your residence card is as advsied above-

Normally they can only reject you on grounds of national security, for BIG public policy reasons, or if you have a WHO listed highly contagious disease. Or if you have a fraudulent marriage.

I think it is more likely a backlog of applications that would explain the delay.

As for working, your right to do so is inherent on your marriage to an EU spouse who is exercising a treaty right in the UK. it is your right conferred under European Law. It is not inherent on the issuing of the COA or residence card or national law. These documents are simply a confirmation of the rights you already have purely based on your marriage.

[darlinfe]

Swish,

Did you ever get your COA from Home Office? If so, could you post when you sent it in and when you finally received the COA?

This would help me out, as I sent in my husband's EEA1 along with my EEA2 jointly to hopefully speed up the process. It will be 3 weeks this week, so I am hoping that the letters get to us this week!

Thanks for your post! Hope all goes well!

Felicia