EEA family permits and EEA2

Eclair · Post by **Eclair** » Sat Jul 19, 2008 10:39 am

Hey I posted awhile ago here...I came to the UK with my irish civil partner without the EEA family permit (we drove from south ireland to the north, theres no passport check or anything O_o) I'm a US citizen. Are they going to give me a hard time about this when I apply for the EEA2? I had been told by solicitors that I'd be fine because by law I'm allowed to be here since I'm her partner...Oh and I came to Ireland as a visitor since June 10th

Are they right?

thsths · Post by **thsths** » Sat Jul 19, 2008 12:36 pm

Eclair wrote:Hey I posted awhile ago here...I came to the UK with my irish civil partner without the EEA family permit (we drove from south ireland to the north, theres no passport check or anything O_o) I'm a US citizen. Are they going to give me a hard time about this when I apply for the EEA2? I had been told by solicitors that I'd be fine because by law I'm allowed to be here since I'm her partner...Oh and I came to Ireland as a visitor since June 10th

Are you in a registered partnership? This does make quite a difference, because only a family member automatically gets the right of residence.

You also have to be careful with Irish law. You may find that the civil partnership is not recognised in Ireland, and therefore you have no right of free movement there. Because of the way different laws interact, this can be a tricky question.

Tom

Eclair · Post by **Eclair** » Sat Jul 19, 2008 1:09 pm

Errr maybe I should have been more clear, we got a domestic partnership in California (it's recognized under schedule 20)
I came as a visitor to the Republic of Ireland and we drove up to Northern Ireland (where we would be recognized) but I didn't get the EEA Family Permit first because the lawyers in the NI office said it would be best if I just came up and applied for the EEA2. Sorry I was not fully awake when I wrote my first post X_X

My partner is Irish and she's working currently.

thsths · Post by **thsths** » Sat Jul 19, 2008 3:28 pm

Eclair wrote:Errr maybe I should have been more clear, we got a domestic partnership in California (it's recognized under schedule 20)

Ok, if the partnership is recognised, you are a family member, and you should be fine in the UK. Just file the application EEA2, and in about 6 months you should get the residence card. Personally I would advise not to include the passport in the application, because starting your life here can be a bit difficult without ID. A copy should be sufficient to get the application started, and you can send the original once your case is being processed.

Tom

Eclair · Post by **Eclair** » Sat Jul 19, 2008 3:39 pm

Well as far as other forms of ID, I also have my California driver's license with me, as well as a bank notarized copy of my passport. Would those two suffice for when I send in my passport?

Eclair · Post by **Eclair** » Tue Jul 22, 2008 1:33 pm

Well I went with my civil partner to get the forms filled out under employment (the head manager said to go today) and we were brushed off saying we NOW have to wait until August 1st for it to be filled out. Apparently they had never seen an EEA2 or EEA1 before and were confused by it..... I'm scared because I got to the Republic of Ireland on the 10th of June and only have 90 days legally there. Since we just drove up there is no stamp on my passport of proof when I arrived in the UK so I'm worried that I only have until September to even get the EEA2 sent in...

thsths · Post by **thsths** » Tue Jul 22, 2008 2:27 pm

Eclair wrote:Since we just drove up there is no stamp on my passport of proof when I arrived in the UK so I'm worried that I only have until September to even get the EEA2 sent in...

There is no need to worry: you are not required to send an EEA2 application. Even if your previous visa is expired, you still have an automatic right of residence as a family member.

Tom

Eclair · Post by **Eclair** » Tue Jul 22, 2008 6:40 pm

Thing is I never got a visa, no Family Permit or anything. I came to southern Ireland as a US visitor and just drove up into the UK. I have no stamp showing the day I even entered Northern Ireland...

Eclair · Post by **Eclair** » Thu Jul 24, 2008 7:15 pm

One more question. If I am staying in Belfast, am I able to still take the train down to Dublin even if I turn in my passport to the Home Office for the EEA2? Do they check passports on trains like that?

runie80 · Post by **runie80** » Thu Jul 24, 2008 8:49 pm

Eclair wrote:One more question. If I am staying in Belfast, am I able to still take the train down to Dublin even if I turn in my passport to the Home Office for the EEA2? Do they check passports on trains like that?

Looks like they will

have a look here

http://news.bbc.co.uk/1/hi/uk_politics/7523435.stm

I guess its in planning stage but could be implemented soon.

Eclair · Post by **Eclair** » Thu Jul 24, 2008 9:47 pm

Well our issue is within the next week. My partner has her money in her credit union in the south. I NEED to get my papers sent out because they want me to be able to work by September (and with this delay it's making me nervous about getting my letter on time...) seems that article is mostly applying to sea and air travel though. We need to go down and get her money but I also need to send this thing out. What do you guys recommend? I already have a place wanting to hire me but they're getting irritated about having to wait for the letter...and I haven't even been able to send it out yet because I'm waiting on her first paycheck (tomorrow we get it) And the employer STILL refuses to just SIGN the stupid paper!

Eclair · Post by **Eclair** » Fri Jul 25, 2008 4:48 pm

Another day, another problem that seems to be trying to make me delay my EEA2 application even further. We got the payslip now, but due to my partner not clocking in correctly...it shows she only made 12 pounds rather than her actual amount (she only clocked in correctly on her first day of training...) would it be alright if I send that in and state what happened in the cover letter? What would you guys recommend in this situation? We found a way to get our money to the north, so that's solved...

thsths · Post by **thsths** » Fri Jul 25, 2008 8:13 pm

Eclair wrote:Another day, another problem that seems to be trying to make me delay my EEA2 application even further.

Put in your application now, and add more payslips and the passport later. There is no reason why those should sit in the queue for 5 months.

Tom

Eclair · Post by **Eclair** » Fri Jul 25, 2008 8:32 pm

So they're really not going to give me any problems if I just send in the notarized copies of the passports? We're now going to be getting bank statements instead of payslips (due to direct deposit) I assume sending those statements also work as payslips? Then there's the whole problem now with EEA1 and 2 not being able to be sent in together...we're probably just going to send in my EEA2 alone then

Eclair · Post by **Eclair** » Sun Jul 27, 2008 2:59 pm

Is there an hour/pay wage requirement for this? Say if they were only getting 10-15 hours a week at minimum would they reject an application for that?

Ben · Post by **Ben** » Sun Jul 27, 2008 3:52 pm

Eclair wrote:Is there an hour/pay wage requirement for this? Say if they were only getting 10-15 hours a week at minimum would they reject an application for that?

It's fine. There is no minimum requirement with regards to working hours.

Eclair, you are a family member of an Irish citizen, who is working (and so exercising EU Treaty rights) in the UK. Your entitlement to be employed in the UK started from the moment you crossed the border from the Republic of Ireland.

Your prospective employer can hire you immediately. However, you may only be able to get a National Insurance number to give them, once the Home Office in Britain have received your EEA2 application and returned an acknowledgment slip. In the mean time, you may have to pay "emergency tax" (until you have a National Insurance number), but this is refunded later.

Regarding re-entering the Republic, EU law does not apply. You should abide by the national immigration law of Ireland, and be sure not to remain beyond the expiry date of your visitor's visa. In reality, however, passports are usually not checked when traveling by train. Yet.

Eclair · Post by **Eclair** » Sun Jul 27, 2008 4:00 pm

Thanks for that info ^^ Really put me at ease a bit.

I'm supposed to be working for GameStop but they REFUSE to hire me until I show "proof" of the ability to work in the UK. They do not accept my civil partnership papers as proof, they demanded a national insurance number. Hence why I've been unable to work presently. I don't know how I could prove to these employers that I am able to work...they're worried about getting in trouble for hiring an illegal immigrant or something...

Ben · Post by **Ben** » Sun Jul 27, 2008 4:21 pm

Eclair wrote:...they're worried about getting in trouble for hiring an illegal immigrant or something...

That's understandable. Ok, proof that you are entitled to live and work in the UK can presented in the following forms:

Printed copy of the relevant EU legislation,
Printed copy of the relevant UK legislation,
Your registered partnership certificate,
Your passport,
Your partner's passport.

Of course, although the above would be absolute proof of your rights in the UK, if they're short-sighted they may still insist on seeing a letter from the Home Office, confirming your status. If so, they normally take about two weeks to come through, following your EEA2 application, so I understand.

Eclair · Post by **Eclair** » Sun Jul 27, 2008 4:32 pm

Thanks so much for the advice <3 I was worried since my partner only got six hours work this week they would reject on that basis...and it's all eating into my savings.

Eclair · Post by **Eclair** » Tue Jul 29, 2008 5:27 pm

Is there anyway I can send out this blasted EEA2 form without having the employer sign and confirm (we have the payslip anyway) because the stupid manager keeps delaying it and it almost feels like we're getting the runaround here. It's been three weeks and we've been asking for the stupid thing to be signed...a simple thing that should only take a few moments to sign. They claim they're "overbooked" and don't have time to do it.

What should I do? I REALLY need to work and the people who are giving me said job said I may not work unless i have that bloody confirmation paper!

I really don't know how I am supposed to get that form filled out. The hours are uneven so there is no set number to write there...

thsths · Post by **thsths** » Tue Jul 29, 2008 10:11 pm

Eclair wrote:It's been three weeks and we've been asking for the stupid thing to be signed...a simple thing that should only take a few moments to sign.

As far as I understand, you do not need the signature. The payslips should be sufficient evidence of employment. And most likely you will have to submit fresh payslips when your application is finally being considered anyway, so you can always hand in the employer's signature later.

Tom

Eclair · Post by **Eclair** » Tue Jul 29, 2008 10:21 pm

So for that page I just leave it blank? I thought I had to fill in all the parts of the application, and is that one payslip with 12 pounds on it really valid?

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EEA family permits and EEA2

EEA family permits and EEA2

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