application for EEA2 problems

[doesnotcompute]

Hi,

I am an Irish citizen, and my fiancée is a Peruvian citizen. We have obtained our Certificate of Approval for marriage in the UK, and we have notified our Council of our Intention To Marry in the Registry Office in September.

My fiancée is currently holding a Student Residence Permit (valid until then end of March 2010). As we are getting married in September, we intend to apply for an EU Residence Permit, which will allow her to stay in the UK as the wife of an EEA national who is exercising his treaty rights in the UK. Of course her right to stay with me is guaranteed under the 2006 Immigration Rules, but she is anxious to get a job but she cannot do this without at least a letter from the Home Office stating that they have her passport, and that she is entitled to work as the spouse of an EEA national.

Our problem lies in the fact that Christmas is coming up in December, and we wish to spend time with my family in Ireland. She will need a visa to enter the Republic of Ireland, and this means she must have her passport by November in order to apply for said visa. Since the Home Office has now implemented a new rule whereby any EEA2 applications must be accompanied by the original passport, this means that there is a danger that her passport will still be with the Home Office by November. I know the Home Office are legally required to process EEA2 applications within 6 months, but we all know this is not the case in reality.

So, if we apply for an EEA2 Residency Permit in Sept, we are concerned that she will not be able to leave the country in December. Of course, we could not apply until after Christmas (she could re-enter the UK with her Student Permit) but this means that she will be unable to work until the New Year.

I would be most grateful for your expert advise.

Many thanks

dnc

[pdykid]

Apply for EEA2 receive the COA (certificate of application). then ask the HO to return the passports.

How to ask HO to return your passport:

If your expected date of travel is more than 10 days in the future, you must email your request to LiverpoolEuro.PassportReturns@UKBA.gsi.gov.uk.
This is a dedicated email address that has been set up specially for non-urgent returns of passports.

[doesnotcompute]

Many thanks for your speedy reply, pdykid.

How ammenable are the Home Office going to be about sending original passports back to applicants given these new instructions implemented from 1st June onwards?

Thanks

dnc