Can my wife apply for EEA from here (UK)? we need help pls

[the_pit]

I am Italian Citizen here in UK since July 2009, I am software developer, working from my arrival, I am currently working in a Bank in the city as an IT Contractor, I run my own Limited Company for that. My wife is doing the paperwork for the Italian citizenship but is still pending for approval. My daughter is already Italian Citizen but we don't have any paper to prove it at the moment.
They (Wife and d) arrived here with a tourist visa in May, then a couple a days ago we travelled to Ibiza and when we were back the immigration officer extender their stay one more month saying we can apply here in croydon for a eea fp without returning to Argentina (our original country).
The question is if there is a possibility for them to stay doing some kind of paperwork from here or they need to return mandatory after 2 months now.
Or if we should go to the italian embassy here.. I really don't know

We are renting a flat in Camden I have proof of that, my wife doesn't work and is not planning to do it (sadly )

We want to just stay together... is there a way?

Thanks a lot
Thanks a lot.

[Guerro]

This is a straight forward case. Your wife can apply for a residence card which is valid for 5 years. Go to ukba website/ for european citizens and download form eea2. Submit her passport and yours plus proof of your employment.
Good luck

[fysicus]

You can download the relevant European law - directive 2004/38 in any language directly from the EU website, as well as a comment from the European Commission.
The transposition into UK law is given in Annex A of the European Casework Instructions and the practical procedures on http://www.ukba.homeoffice.gov.uk/eucitizens/

[Guerro]

Sorry, forgot something very important which is the certificate of marriage

[the_pit]

Hi, thanks a lot for your replies, I feel a bit better now if that is true.
I have all the certificates (birth and marriage) but they are original, in spanish, I don´t know if this could be a problem.

I have also a question, I could not find the processing time for the EEA2 and what happens if the time when they need to go is reached and we still dont have a decision?..

Thanks a lot, all of you.

[the_pit]

We were living in Argentina and got married there in 2006, my daughter is born in Argentina as well.

Like I said I am Italian Citizenship and hold an Italian Passport.

We came yo UK first time in July 2009, I was working, got my NIN, bank account , etc.. Wife and daughter entered with Visitor visa for 6 months

We went back to South America on December, my wife haven't been illegally because he left before the 6 months.

I returned to UK alone in January, and they did it in May, again with visitor visa.

They have to leave in 2 months, and thats now where we want to do possibly the EEA2.

Any suggestion? it would be approved, or not because they are under visitor visa?

Thanks a lot this just was to confirm to you our status to help you understand the circumstances.

Thanks very much

[John]

I am Italian Citizen here in UK since July 2009, I am software developer, working from my arrival, I am currently working in a Bank in the city as an IT Contractor, I run my own Limited Company for that.

That being the case you are an EEA Citizen exercising Treaty Rights in the UK, and under the terms of the EU Directive, if you are a Director of your company and own all or most of the shares, you are treated as self-employed. Otherwise employed. Either way you are clearly exercising Treaty Rights in the UK.

That being the case, submit forms EEA2 in respect of your wife and daughter, in order to ensure that in the absence of other documentation, they can clearly remain in the UK.

[the_pit]

Sorry, I am remembering things..

My passport is from Italy, will it be returned quicker than the non-eu ones?

I am just worried about the driver license, can I get one without the passport?

Thanks

[John]

Where is your driving licence from? Which country? A full licence?

[the_pit]

Sorry, I am remembering things..

My passport is from Italy, will it be returned quicker than the non-eu ones?

I am just worried about the driver license, can I get one without the passport?

Thanks

First thanks for taking the time to answer, my driver lic is from Argentina, and it's expired, I need to get a new one. I want a car soon

[John]

I think you need to have a read of this DVLA webpage.

As I understand it, given your Argentine licence has expired you have no right to drive in the UK, and even if you managed to get a new Argentine full licence, that would only permit you to drive unaccompanied in the UK for a maximum of 12 months .... from your date of arrival as a resident in the UK.

So when you say about getting a UK driving licence, you are talking about getting a UK provisional licence? Because that is all you are going to get, and then you will need to pass the Theory Test and then the Practical Test.

How long have you have living in the UK?

[fysicus]

I have all the certificates (birth and marriage) but they are original, in spanish, I don´t know if this could be a problem.

I have also a question, I could not find the processing time for the EEA2 and what happens if the time when they need to go is reached and we still dont have a decision?..

Thanks a lot, all of you.

You will certainly need a translation into English for all documents, and for Argentinean documents you also need an apostille to prove the authenticity.

The EEA2 application can take a long time. According to the law a decision must be reached within six months, in practice it is often longer. However, your family members can never be in the UK illegally, so don't worry about expiring visas at all.

If I were you, I would contact the Italian embassy immediately to get an Italian passport for your daughter.

[the_pit]

Hi, thanks again for your replies, I have more questions sorry about that, it would be great if you can give your opinions and advise regarding the following:

First, I was living in the UK from July 2009, always working, and of course I have prove of that.

I will not worry about about my driver license at this time.

1-If I need to translate all the documents that's mean we will need to go to Argentina for that? can we not do that from here in the Argentinean embassy?

2-You said we will never be illegally here but my wife and daughter have a stamp in the passport giving them 2 months , and the officer told us they need to go after that. Or we could try in Croydon to get the residence card (that's what she said). Anyway I understand once you are waiting for a decision you have the right to stay until a decision is made.

3-In case we want to add my brother in law (17 years old, also here from May) in the EEA2 application, do we need to present proves he is actually my brother in law? I assume we need to get his birth certificate, translate it.. etc..

4-In case the visa for my brother in law is denied, that doesn't mean that all the visas in the application will be denied as well really?, we can receive maybe visas for my wife and daughter but not for my brother in law for example? is that correct.?

Thanks a lot for your support, it is not easy to get someone helping you about these topics out there without paying fortunes..

Cheers!

PS: In the EEA2 form it doesn't state the documents has to be translated, it just say that they need to be the original ones.

[fysicus]

Hi, thanks again for your replies, I have more questions sorry about that, it would be great if you can give your opinions and advise regarding the following:

First, I was living in the UK from July 2009, always working, and of course I have prove of that.

I will not worry about about my driver license at this time.

1-If I need to translate all the documents that's mean we will need to go to Argentina for that? can we not do that from here in the Argentinean embassy?

2-You said we will never be illegally here but my wife and daughter have a stamp in the passport giving them 2 months , and the officer told us they need to go after that. Or we could try in Croydon to get the residence card (that's what she said). Anyway I understand once you are waiting for a decision you have the right to stay until a decision is made.

3-In case we want to add my brother in law (17 years old, also here from May) in the EEA2 application, do we need to present proves he is actually my brother in law? I assume we need to get his birth certificate, translate it.. etc..

4-In case the visa for my brother in law is denied, that doesn't mean that all the visas in the application will be denied as well really?, we can receive maybe visas for my wife and daughter but not for my brother in law for example? is that correct.?

Thanks a lot for your support, it is not easy to get someone helping you about these topics out there without paying fortunes..

Cheers!

PS: In the EEA2 form it doesn't state the documents has to be translated, it just say that they need to be the original ones.

Well, I found on the EEA2 form the phrase: Any documents which are not in English must be accompanied by a reliable English translation.

The situation for your brother-in-law is not so straightforward: first of all you need to prove indeed that he is your brother-in-law (from the birth certificates of himself and your wife), and you must prove he is dependent on you (and already was before you moved to the UK). And even then there is no guarantee of success.

The translation of documents is not the difficult bit; it is the authentication. You can of course enquire at the Argentinean embassy about that, but it may indeed be necessary to go back to Argentina for that.

If it is all worth the hassle, depends also on when you expect your wife to get Italian citizenship.

The stamps in the passports about expiring visas are meaningless: family members of EEA nationals do have an automatic right to reside with the EEA national. However, you need to be able to prove it at various occasions: when applying for a job (which your wife is not planning to do), to get health care on the NHS, to travel in and out of the country, etc. and for that a Residence Card is very handy of course (although strictly there is no legal requirement to apply for one).

[John]

I will not worry about about my driver license at this time.

Why not? If you want to drive in the UK? Having been in the UK for more than one year it would not assist you to get a new Argentine driving licence. That is because you could not use it to drive in the UK. So you are faced with having to get a UK provisional licence, then passing the driving theory test, and then passing the practical test. The sooner you get a UK provisional licence the sooner you will complete that process.

If I need to translate all the documents that's mean we will need to go to Argentina for that?

Not at all. The translations into English could be done here in the UK, by someone competent to to make a certified translation.

Always present both the original document and the translation into English. That is give UKBA etc the opportunity to check the translation, if they so wish.

[Guerro]

In my case, i submitted the marriage certificate with my own translation and there was no problem at all. Reliable doesn't mean certified as i am not a certified translator myself

[the_pit]

In my case, i submitted the marriage certificate with my own translation and there was no problem at all. Reliable doesn't mean certified as i am not a certified translator myself

Wow, that's really good news, maybe I ll do the same.

Thanks for your comment

[the_pit]

I will not worry about about my driver license at this time.

Why not? If you want to drive in the UK? Having been in the UK for more than one year it would not assist you to get a new Argentine driving licence. That is because you could not use it to drive in the UK. So you are faced with having to get a UK provisional licence, then passing the driving theory test, and then passing the practical test. The sooner you get a UK provisional licence the sooner you will complete that process.

If I need to translate all the documents that's mean we will need to go to Argentina for that?

Not at all. The translations into English could be done here in the UK, by someone competent to to make a certified translation.

Always present both the original document and the translation into English. That is give UKBA etc the opportunity to check the translation, if they so wish.

Hi, I said I don't worry, because I am willing to wait until my passport is returned, that's it. I want the license, and I know I will need to do the test, no problem.

Thanks

[the_pit]

Hi people, I have 2 questions:

1- I found this regarding EEA1 "...A registration certificate is a document, issued to EEA or Swiss nationals, that confirms their right of residence under European law. You do not need to have a registration certificate to enter, live in or work in the UK."

So, if it's not needed why everybody does EEA1 together with EEA2? I am Italian, do I need to do it as well or I can just send the EEA2 for my family members?

2- Is my Italian Passport returned quicker than the NON EU ones? because I don't need any stamp, just for them to check it.

Thanks a lot!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[John]

In accordance with the terms of the EU Directive, both the EEA1, for an EEA citizen, and EEA2, for their family member, procedures are voluntary. Documentation issued after such applications is only confirmatory of rights already held.

However that is not the end of the story. This is because whilst the EEA's passport confirms their right to live and work in the UK, their family member has no such confirmation. So for non-EEA family members it makes very good sense to make an EEA2 application.

But in order to get the Residence Card issued to the non-EEA family member, that person needs to prove that their EEA spouse is exercising EU Treaty Rights in the UK. And what better way to do that than for the EEA citizen to use form EEA1 to apply for a Residence Permit .... even though the EEA citizen does not really need that Residence Permit at all.

Or put it another way, if just the EEA2 is submitted by the non-EEA family member, that person still needs to prove that their spouse is an EEA citizen and is exercising Treaty Rights in the UK.

[Directive/2004/38/EC]

Usually getting a Residence Card takes 6 months. They do not return the passports to you until you get the Residence Card, but you can ask for the passports back early and get them.

Note that you can submit your Italian ID card instead of a passport if you have one.

And others have said, since you are working, your wife is fully 100% legally here. The Residence Card is simply a (very useful!) confirmation of her already existing rights.

Note finally that it may make sense to employ your wife doing bookkeeping and billing for your limited company. She could also own 50% of the shares, which will dramatically reduce your tax burden. Check with your accountant!

[the_pit]

In accordance with the terms of the EU Directive, both the EEA1, for an EEA citizen, and EEA2, for their family member, procedures are voluntary. Documentation issued after such applications is only confirmatory of rights already held.

However that is not the end of the story. This is because whilst the EEA's passport confirms their right to live and work in the UK, their family member has no such confirmation. So for non-EEA family members it makes very good sense to make an EEA2 application.

But in order to get the Residence Card issued to the non-EEA family member, that person needs to prove that their EEA spouse is exercising EU Treaty Rights in the UK. And what better way to do that than for the EEA citizen to use form EEA1 to apply for a Residence Permit .... even though the EEA citizen does not really need that Residence Permit at all.

Or put it another way, if just the EEA2 is submitted by the non-EEA family member, that person still needs to prove that their spouse is an EEA citizen and is exercising Treaty Rights in the UK.

Ok, so we can say that applying to EEA1 increases the chances of success.

Can I sent all together in one envelop really? it makes sense because 2 forms need my passport.

Thanks!

[the_pit]

Do you know if I can start the paperwork for the EEA2 for my family just a few days before the date when they might need to leave according to the last stamp in the passport from the last time they entered to the country?

What I mean... I was thinking on starting my drivers license so I need to send my passport, it takes 3 weeks or so to get the provisional one, then I know you dont need the passport for doing the test, just the provisional license and the booking paper.

But, suppose I receive my passport back, and I have the provisional license, my family would need to leave in 10 days from there. would it be some problem? I remember been read something about starting the application no less than 28 days before the current visa is over or something like that.

Any idea?, thanks a lot in advance!

[Directive/2004/38/EC]

Applying for a Residence Card is 100% optional. If you want, you can wait for 3 years and apply for it then. In the mean time, the non-European family members are still 100% legal in the UK as long as the EU citizen is working - the Residence Card does not change that.

[the_pit]

Applying for a Residence Card is 100% optional. If you want, you can wait for 3 years and apply for it then. In the mean time, the non-European family members are still 100% legal in the UK as long as the EU citizen is working - the Residence Card does not change that.

So the immigration officer in luton didn't know a lot about immigration , because she said they "need" go before 2 months, and they can only stay 6 months every year here until they dont get a proper visa. But I assume that is because she didn't want to know if its really my wife, If I really was working, etc.. Anyway.. I'll do my license and then the EEA stuff.

Do you know if been Italian I can access to the premium checkout service for the license? In the mail office some guy told me not, that I need to have a UK passport for that....

Thanks you are great!!!!