EEA2 or FP? Help me decide!

[hmpmarketing]

Hi everyone! I'm really hoping someone can help me with this question.

Before I start, I would like to congratulate all of you that spend your time helping others in this forum. I have been reading for a quite number of hours and its amazing how much knowledge you can get from all of you! Again, thanks for your great favour!

Here is my situation. I am a Non-EU Citizen from Brazil and married to my Italian Wife. I am 32 and she is 26. We have been married for just about 3 years now, but have met each other 4 years ago.

My wife is self-employed with earnings around 500/600 pounds a week. Already registered with HM Revenue and has her NI too. We also have an accountant that takes care of all the paperwork.

We came together to the UK April 19 2010, went through immigration with no problems whatsoever, it only took 10 seconds! My passport was stamped with a 6-month tourist visa.

Currently, we live on a rented property just by ourselves(2 bedroom flat, really spacious) and my wife is responsible for all bills, everything coming out of her bank account so finance-wise we are ok with her supporting me. She wants to keep living in the UK as she loves this country and so do I, so the next natural step was to apply for my residency card.

We consulted with a Immigration Lawyer from London about applying for EEA2 however, we have an urgent need to go to Brazil mid september and will be coming back mid-october. I have done quite a bit of research and I believe EEA2 Applications are taking over 3 months to be processed (not sure if the current location you live in the UK makes a difference on how long your application takes, but I had a friend living in the same town we live in West Sussex; he applied for his wife's residency card + kids and it took an amazing 5 weeks for them to return all passports with the residency stamp!).

So now, we need to make this trip back to Brazil once again and Im not so sure what to do. I do know I will have to make an application for a family permit once I arrive in Brazil so that I can come back without any issues, however I am concerned about all this, just the thought of having to come back to Brazil and be at the mercy of a decision for the family permit makes me uneasy. Should we apply for EEA2 now and maybe request the passports to travel(although I would still need the FP to come back right)? I feel so safe to be already here and although I am on a tourist visa, my lawyer says no problem whatsoever in applying for the EEA2 here as she is exercising her treaty rights as self employed. What would you guys suggest based on past experiences?

Also, for the FP/EEA2, do they consider my financial earnings into this decision?

Thank you all!

[Directive/2004/38/EC]

Your wife is working. So you have a right to be in the UK.

You could apply for a Residence Card now. And then a week later request back your passportS for travel (and should have them back in a few weeks). It will will take 6 months for the Residence Card to be processed.

It sounds like you are travelling with your wife. Good! Be sure to also carry your marriage certificate with you, and if possible some recent pay slips from your wife (to prove she is working). As long as she is working and you are married, it is almost impossible for UKBA to refuse you entry.

You can if you want also apply for an EEA Family Permit in Brazil. It will let you travel freely and work in the UK while the Residence Card is being processed.

[hmpmarketing]

Hello Directive/2004/38/EC (Can I call you that? )

Thanks so much for your reply!!!! This sheds a lot of light into my situation! I was prepared to pay 850 pounds for the lawyer to do the whole EEA2 application for me, perhaps you are willing to help me and I can compensate you?

I still have a couple of questions regarding your reply above

" and if possible some recent pay slips from your wife (to prove she is working). "

Would the Accountant's paperwork suffice (self assement, NI contribution receipts) as she is self employed? Should I also carry Bank Statements along?

Also, what about the Biometrics? If I were to apply for the EEA2 now and then a week later request back the passports to travel, Will they call me for this appointment at a later date?

Again I appreciate your great help and I would not mind a PM in case you are willing to discuss anything via MSN perhaps!

Thank you!!!

[Directive/2004/38/EC]

Sorry, but I am not a lawyer and I can not help you with your particular case.

Key thing is to travel carrying your marriage certificate. Some proof that your wife is working is useful, but not essential. Self assessment or NI contribution receipts are perfect.

What is it about your situation that makes you want to use a lawyer for the application?

And what Biometrics are you expecting? I am not aware of that being required for a Residence Card.

[hmpmarketing]

Hi Directive/2004/38/EC

Thanks again for your speedy reply!

I "was" under the impression that using a lawyer would be perceived by HO as something more "professional". I am not sure if I would need to send any written declarations made by my wife(what the lawyer called a cover letter) along with the application and I would think a lawyer would make this application organizing easier. I guess only what is on the application checklist is what is required by them correct? There is nothing special about my case, I guess my mentality is "I am paying 850 pounds for someone professional to do this, that would sure make a difference with them" Does it really?

About the marriage certificate: Since I am sending the original (in portuguese) + the translated version to HO, I am left with no other copy to supply when I am back... Would a second translation with me suffice?

And last, about the biometrics:

http://www.ukvisas.gov.uk/en/howtoapply/biometricvisa/

I was under the impression (told by my lawyer) that if I were to apply for a FP in Rio, I would need to have biometrics taken. Does that also apply for my EEA2?

Again, I really appreciate your help!!! God Bless!

[Directive/2004/38/EC]

I think they take fingerprints if you apply for a EEA Family Permit (outside of the UK).

I do not think they take fingerprints for a Residence Card. I think it is all done by post.

If you can, I would suggest you get more copies of your marriage certificate. A copy or two is always useful, especially for things like this. And you can give them to (future?) children at some point.

But take a photocopy of the marriage certificate and the translation when you travel. You can always tell UKBA that they already have a copy of the marriage certificate on their files. Maybe ask for your file number when you ask for your passport back.

I do not know much about lawyers. I find them hard to evaluate. How good are they? How much do they know? How motivated are they to the best for me?

The European applications are pretty straight forward. You have a right to be here if you are married to a European citizen who is working in the UK. Simple as that. (Unless you are a national security risk, etc...). So the application for the Residence Card is optional and pretty much has to be approved. You do not even have to say nice things in a cover letter about how friendly and efficient UKBA are!

[hmpmarketing]

Hi Directive/2004/38/EC

Again I really appreciate your time answering my questions! I guess Im pretty much set then to go ahead and apply and then ask for the passport back!

I have also read in a post here about bringing along a print of the EU Regulations in case they are not so "refreshed" about my rights. What are these regulations and where I can find them? I will definitely print a copy to bring along just in case but Im not sure what they are.

Another question if you dont mind answering, my financial situation has any say on the whole matter? I was wondering if it would be a good idea to take along statements of my UK bank account but Im not sure if it would help or not. I will be bringing our tenancy agreement too, I guess that would also help right?

Again thanks for your help and time!!!

[Directive/2004/38/EC]

If your EU spouse is working for somebody or is self employed, then the financial resources of you and your spouse are not taken into consideration. Does not matter if you have -22p in your bank account, or £22,000. All that matters is that the EU person is working, and that you are married.

[hmpmarketing]

Hi Directive/2004/38/EC,

Again Thanks so much for your reply! Will fill the paperwork this week and send out. will keep you all updated!

[Directive/2004/38/EC]

If you have questions while filling out the form, this is a great forum to ask them.