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eea2 application

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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sun Jun 01, 2008 7:57 am

"Making you crazy" is not good. But I think you do not have major reason to complain yet since your six month maximum is not up yet.

But I was asking about financial loss or expense for another reason. For people whose application has taken more than six months, they then have clear standing to bring a small court case against the home office. If, for instance, you had holiday bookings at 6months+2weeks, and you had to cancel them because the Residence Card had still not been issued, you could most likely get the Home Office to pay for the holiday booking which you could not use. You might also be able to get damages. You would certainly be able to get their attention.

lapkapups
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Post by lapkapups » Mon Jun 02, 2008 9:44 am

Anybody heard back about your applications?

I have just spoken to the Complaints in Liverpool and they said the same to me: my application was decided on the 28th, despatched to Croydon on the 29th so most likely they received it on 30th. They said it takes up to two weeks to be processed in Croydon, but this is not a guarantee. I tried to call Croydon Complaints but they won't pick up the phone.

copper
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Post by copper » Mon Jun 02, 2008 9:55 am

HI,

my application was decided 13 th May 2008, I have not still received my documentation.

I sent a remainder letter to Liverpol regarding my documents,I will see What will happen.
I am just tired of this.

lapkapups
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Post by lapkapups » Mon Jun 02, 2008 10:29 am

copper wrote:HI,

my application was decided 13 th May 2008, I have not still received my documentation.

I sent a remainder letter to Liverpol regarding my documents,I will see What will happen.
I am just tired of this.

I think it's better call, both Croydon and Liverpool. I sent them I-don't-know-how-many letters and I never received any reply. I am not even sure they read it. And even if they do, it takes ages to reach the right person. I sent them a fax once and I definitely know this fax took 3 weeks to reach the Complaints.

mimiki
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Post by mimiki » Mon Jun 02, 2008 1:38 pm

I read on another website that a lady's application was decided on 7th of may and she recieved the residence card on 28th of may, accordingly it took about three weeks to actually recieve the docs after the decision was made.

Plum70
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Post by Plum70 » Mon Jun 02, 2008 2:03 pm

mimiki wrote:I read on another website that a lady's application was decided on 7th of may and she recieved the residence card on 28th of may, accordingly it took about three weeks to actually recieve the docs after the decision was made.
Hey mimiki, which site did you pick this up from? Do you know when the lady applied to the HO?

I applied on Jan. 30 and am hoping that I'd get word from the HO soon...

mimiki
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Post by mimiki » Mon Jun 02, 2008 3:33 pm

Plum70 wrote:
mimiki wrote:I read on another website that a lady's application was decided on 7th of may and she recieved the residence card on 28th of may, accordingly it took about three weeks to actually recieve the docs after the decision was made.
Hey mimiki, which site did you pick this up from? Do you know when the lady applied to the HO?

I applied on Jan. 30 and am hoping that I'd get word from the HO soon...
It is http://www.easyexpat.com/forums/ftopic_15992-20.htm. She applied before Dec, that's for sure.

Tyro
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EE2: EU spouse not working

Post by Tyro » Mon Jun 02, 2008 4:01 pm

Hi Guys,

I have been reading this thread quite regularly. I know most of you are waiting for your documents to come back. I believe that you all must have done enough research for apply EEA2. I am just wondering, if you gurus can help me out with my queries regarding EEA2 application. I am sending my EEA2 to Corydon office. I have following confusions.

I am have been UK since 2004,

2004-2006 student Visa
2006-2008 HSMP

My wife is an EU citizen (Cyprus). I am applying for residence card.
I have got permanent employment in UK but my wife is not currently working.
She has done couple of temporary contract based work in last financial year,
She has got her form P60 and National insurance number issued.
My fear is that because she is not currently working, it may cause a delay in getting residence card.

And I also read that if she is applying in self sufficient category she has to show full sickness insurance.


I am currently supporting her, please advice

• What document should I send with my application?
• How can I prove that I am supporting her?
• Do I need to send everything original?
• Is there any appointment based same day service for residence card (it seems to ask too much from Home office)

Thanks for your attention and good to all.

Regards

Tyro

Plum70
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Post by Plum70 » Mon Jun 02, 2008 6:07 pm

mimiki wrote:
Plum70 wrote:
mimiki wrote:I read on another website that a lady's application was decided on 7th of may and she recieved the residence card on 28th of may, accordingly it took about three weeks to actually recieve the docs after the decision was made.
Hey mimiki, which site did you pick this up from? Do you know when the lady applied to the HO?

I applied on Jan. 30 and am hoping that I'd get word from the HO soon...
It is http://www.easyexpat.com/forums/ftopic_15992-20.htm. She applied before Dec, that's for sure.
Yeah i just read it. Hmm... I guess the wait just got more prickly for me then!
:? :(

nubianhoney333
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British + Cypriot National with non-EEA member

Post by nubianhoney333 » Mon Jun 02, 2008 6:44 pm

Hey guys,

I'm in a dilemma.

I am a dual national, british and cypriot (republic of cyprus). I came to the Uk in 2005 to complete a BA at university. My partner is a non-EEA national. He's currently on an IGS visa which expires in November.

We are married (religiously) and have been living together for 2 years now, but we are not married legally. In short, we are just partners by law (i think!)

Can i use my cypriot nationality and apply with EEA2 for him to extend his visa, even though i also have a british passport?

Thanks.

thsths
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Re: British + Cypriot National with non-EEA member

Post by thsths » Mon Jun 02, 2008 8:02 pm

nubianhoney333 wrote:We are married (religiously) and have been living together for 2 years now, but we are not married legally. In short, we are just partners by law (i think!)
Indeed. And since you consider yourself married, I would seriously recommend a legal marriage. That does make a lot of things easier.
Can i use my cypriot nationality and apply with EEA2 for him to extend his visa, even though i also have a british passport?
Yes, you can do that. Of course Cyprus joined only recently, so this may cause a few constraints. But you can still rely on your right to work as a British national.

Tom

Alaa Mesbah
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egyptian married to british

Post by Alaa Mesbah » Mon Jun 02, 2008 11:47 pm

hello guys,
i have been reading the thread and i grow extremely worried. i need advise here guy please.my case is simply that i am egyptian i have been living with my british wife in egypt for about two and a half years. we decided to go to the UK as my wife wanted to settle back home. i have my visa as a tourist visa valid for two years multi entry. with a maximum stay six month per time. we got married in may after i applied for COA and i got a letter from the HO saying after marriage i am allowed to stay for three month without any proof or documentation !!!. i applied straight away after our marriage for EEA2. -that was mentioned in the letter as well . i am really concerned about the time frame of the application and the idea that i have been offered jobs, but i can not work, (that what i was told when i called the home office). will my case take the same time like all applications, specially i need to work, and to be honest my wife can not keep up with the bills on her own... a quickly reply will be highly appreciated... thanks

vinny
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Re: egyptian married to british

Post by vinny » Tue Jun 03, 2008 2:31 am

Unfortunately, you cannot apply under European Law because your wife is British and was not a worker or self-employed person in an EEA country before returning to the UK. Moreover, under the UK Immigration Rules (285), visitors may not switch to spouse status in the UK.

However, you may apply for a spouse visa from Egypt.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

nubianhoney333
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Post by nubianhoney333 » Tue Jun 03, 2008 1:16 pm

Alaa Mesbah,

Do not go back to Egypt to apply for a spouse visa. That's what the HO tells you to do and then once you're abroad, it's really hard to come back to the UK through your spouse.

You must be entitled to do it from here (in the UK) if you're married.

The case here is that can you prove to the HO that you've been living with your wife for the past two years together? Do you have any marriage certificate from Egypt?

The HO views your situation as a "marriage of convenience" because you came here on a tourist visa, and then decided to get married. This is the problem.

I will try to find more information and then send it to you.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Jun 03, 2008 2:36 pm

Is there an official way of applying for a spouse visa from within the UK when you have been married for more than 2 years?

yankeegirl
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Post by yankeegirl » Tue Jun 03, 2008 2:51 pm


Is there an official way of applying for a spouse visa from within the UK when you have been married for more than 2 years?
It depends on the circumstances of the non-British spouse. If they are in the UK on a work permit, student visa, etc, then they can switch and apply for a spouse visa in-country. If they are in the UK as a visitor, or if they are undocumented, then no, they would have to return to their country and apply for the souse visa from there.
You must be entitled to do it from here (in the UK) if you're married.
This is incorrect. You cannot switch from a visitor to another category (spouse, work permit, student, etc) under the UK immigration rules.

Tyro
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Spouse not working

Post by Tyro » Tue Jun 03, 2008 3:06 pm

Guys,
what happens if your EU family not is not working and you have to apply for residence card.

regards

Tyro

Directive/2004/38/EC
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Re: Spouse not working

Post by Directive/2004/38/EC » Tue Jun 03, 2008 3:17 pm

Tyro wrote:what happens if your EU family not is not working and you have to apply for residence card.
What is your EU family member doing? Are they financially self sufficient?

vinny
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Post by vinny » Tue Jun 03, 2008 3:31 pm

yankeegirl wrote:

Is there an official way of applying for a spouse visa from within the UK when you have been married for more than 2 years?
It depends on the circumstances of the non-British spouse. If they are in the UK on a work permit, student visa, etc, then they can switch and apply for a spouse visa in-country. If they are in the UK as a visitor, or if they are undocumented, then no, they would have to return to their country and apply for the souse visa from there.
You must be entitled to do it from here (in the UK) if you're married.
This is incorrect. You cannot switch from a visitor to another category (spouse, work permit, student, etc) under the UK immigration rules.
It may be possible for a visitor to switch to FLR(M) (295E), if s/he has documented proof of living together as unmarried partners in the preceding two years.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: Spouse not working

Post by vinny » Tue Jun 03, 2008 3:36 pm

Tyro wrote:Guys,
what happens if your EU family not is not working and you have to apply for residence card.

regards

Tyro
The EEA citizen may be a qualified person.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Tyro
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EU member not working

Post by Tyro » Tue Jun 03, 2008 10:53 pm

She has done Her Bacholar 2001-2004 and and Master Degree in UK in 2005- 2006. After she went to Cyprus in May 2006 and came back in May 2007.

We got married in 2007 (official court marriage in uk)
After that she has worked on contract basis for five months.
She finished her contract in March and now currently looking for work.
while I have a permanent job in UK.
I am cuurently on HSMP Visa that is due to renew in November 2008.
We are thinking to apply for residence card for me as we have paid alredy paid too much to get COA for our marriage.
She has Cypriot nationality. Can I show that I am supporting her.
do we have to show full sickness inssurance.

Many thanks

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed Jun 04, 2008 5:31 am

If she is not working, she would have to be considered under the category "self sufficient". She would require comprehensive helath insurance for you and her. Where her money comes from is unimportant - it is fine if it comes from you.

lapkapups
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Hurray!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Post by lapkapups » Wed Jun 04, 2008 2:13 pm

Hi guys!

Just an update - I've got it! Champagne and a week of celebration!!! :D

In short, I tried to call Croydon Complaints to find out what's happening as the guy in Liverpool could not deal with my case anymore since the papers were sent to Croydon. I could not get through to them on Mon and Tue. So I sent my husband to Croydon today with an authorisation letter from me to try to find out what's happening, etc, as much info as possible and also to try to speed them up a bit. And he's got it! At first they did not even want to let him into the building to make a complaint - said he had to call enquiry line to check the progress, blah-blah. But he made it! I have not seen him yet so I don't know what he did but he has just called and he's got all the documents - they gave them to him including the passport with the 5-year Residence Card!

So i do definitely think it's worth complaining and trying to bother them - if I had just wated probably my case would still be pending consideration!

lapkapups
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Post by lapkapups » Wed Jun 04, 2008 2:15 pm

In total it's taken 6 months and 15 days

Love-Without-Borders
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Post by Love-Without-Borders » Wed Jun 04, 2008 5:05 pm

Hi Lapkapups,

Congratulations! I can imagine that you are totally relieved now.
Did you had any plans to go on holiday? Spain perhaps.

I saw that you applied on the 20th of November 2007. So, that makes 7 months and 15 days?

Perhaps a hint for everybody: JUST GO TO THE CROYDON OFFICE MAKE A LOT OF NOICE AND YOU WILL GET WHAT YOU WANT :D
Amazing Lapkapups. Maybe I will go to the Croydon Office too.
How did he managed to get in? How did it went in detail?

Could I ask you something? You said you made a complaint to the HO North -West Complaints department. I contacted the HO Compl. North-West department too by phone and they said it was decided and sent to Croydon. I then contacted the London complaints department, but they said I should make a complaint by fax or post.

Did you faxed it to: 020 8760 8765 ?

The problem is to send it to the right person / unit. I received a Certificate of Application for my wifes' residence card application, but it didn't mention anything about a case ID. I have got a reference code of the post I send.

As of tomorrow it has been 6 months. I want to sent them a complaint by fax. Did you use the complaints form which can be found on their website or did you just write it yourself?

Lapkapups there were other friend hera at the forum who applied earlier, but who haven't received it yet. So, it is worth complaining and maybe going to the Croydon office :) You did not contact Solvit did you?

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