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

[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!!!!

I am answering to myself about the drivers license...

Post Office® branches need one of the following identity documents:
current United Kingdom (UK) passport
proof of receipt of UK State Retirement Pension (a bank or building society statement received within the last three months)
proof of eligibility to UK State Retirement Pension letter (BR2102, BR2103 or BR5899)

So I assume I cannot use an Italian Passport for that..

[Directive/2004/38/EC]

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....

If what you say is their policy, it is NOT legal. They can not provide services to UK citizens differently that they do to European citizens. In other words: they can not discriminate against you because you are not British. Directive 2004/38/EC is very clear on this.

Directive 2004/38/EC
Article 24
Equal treatment
1. Subject to such specific provisions as are expressly
provided for in the Treaty and secondary law, all Union citizens
residing on the basis of this Directive in the territory of the
host Member State shall enjoy equal treatment with the
nationals of that Member State within the scope of the Treaty.
The benefit of this right shall be extended to family members
who are not nationals of a Member State and who have the
right of residence or permanent residence.

Get the refusal to serve you in writing, then contact their supervisors, and then if all else fails, contact Solvit at http://eumovement.wordpress.com/help-eu-solvit/ Make a big stink - and you will win!

I suspect the clerk you talked with is just "confused"

[the_pit]

I will try that but I suspect they can say this due to "security measures" and I don´t know.. but I´ll let you know, I will go to the post office tomorrow hopefully.

I have another question, the return flight for my wife is expired now, immigration in our last entry told us she must return by 11/12 at last. But this as I said was said without checking any paper that confirms she is my wife and I am exercising my treaty rights.

Now we want to go to Paris on 3/12 returning 6/12, we will going to be withing the "legal" time frame, but I will not have a returning ticket for her because we are going to do this "EEA2" after that date.(but before the 11/12).

The question is if they can refuse the entry due to lack of proves that she will return on 11/12.

I assume not because she has the right to stay, but what if they don´t want to check the papers and simply refuse her.?

What should I say to demonstrate I know my rights?.

Id there any risk?

Thanks so much all for your help once more

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....

If what you say is their policy, it is NOT legal. They can not provide services to UK citizens differently that they do to European citizens. In other words: they can not discriminate against you because you are not British. Directive 2004/38/EC is very clear on this.

Directive 2004/38/EC
Article 24
Equal treatment
1. Subject to such specific provisions as are expressly
provided for in the Treaty and secondary law, all Union citizens
residing on the basis of this Directive in the territory of the
host Member State shall enjoy equal treatment with the
nationals of that Member State within the scope of the Treaty.
The benefit of this right shall be extended to family members
who are not nationals of a Member State and who have the
right of residence or permanent residence.

Get the refusal to serve you in writing, then contact their supervisors, and then if all else fails, contact Solvit at http://eumovement.wordpress.com/help-eu-solvit/ Make a big stink - and you will win!

I suspect the clerk you talked with is just "confused"

[the_pit]

Another thing, in the post office web site states this for providing the premium checking service..

Post Office® branches need one of the following identity documents:
- current United Kingdom (UK) passport
- proof of receipt of UK State Retirement Pension (a bank or building society statement received within the last three months)
- proof of eligibility to UK State Retirement Pension letter (BR2102, BR2103 or BR5899)

It says "UK Passport"...

[Directive/2004/38/EC]

Another thing, in the post office web site states this for providing the premium checking service..

Post Office® branches need one of the following identity documents:
- current United Kingdom (UK) passport
- proof of receipt of UK State Retirement Pension (a bank or building society statement received within the last three months)
- proof of eligibility to UK State Retirement Pension letter (BR2102, BR2103 or BR5899)

That is clearly wrong. Have you complained to Solvit?

[Directive/2004/38/EC]

I have another question, the return flight for my wife is expired now, immigration in our last entry told us she must return by 11/12 at last. But this as I said was said without checking any paper that confirms she is my wife and I am exercising my treaty rights.

Now we want to go to Paris on 3/12 returning 6/12, we will going to be withing the "legal" time frame, but I will not have a returning ticket for her because we are going to do this "EEA2" after that date.(but before the 11/12).

The border people will not offer that your spouse be considered a family member of an EU citizen who is exercising treaty rights. Say to them explicitly: "I am an EU citizen and this is my wife. I am working in the UK, exercising my EU treaty rights. I would like her to be issued an EEA family permit please."

See http://eumovement.wordpress.com/2010/08 ... to-travel/

Also, I would make sure you travel with your marriage certificate and with proof that you are working in the UK.