EEA2 for parents in law - application was returned

[sasa2010]

Hi guys:

I need some advice here.

I am applying for EEA2 for parents in law (who are not EEA nationals themselves). I send out the application in Nov but it was returned today.

I am going to send it again, once I have all the documents they asked. But my question is, their visitors visa expires soon (9th of Jan 2011), and if the application was returned again until after their visa expires, will they be considered over stay?

Many thanks!!

[fysicus]

No, they will not be illegally in the UK during the period that the application is under consideration, as the Certificate of Application will explain.
When the application has been decided, it obviously depends on the outcome (rejected or granted) what will happen next. If granted then everything is OK of course; if rejected there will probably a reasonable period (28 days I think) to leave the UK voluntarily.
But better make sure to resubmit the application before the 9th January!

[vinny]

Are they eligible?

[sasa2010]

I am sure they are.

home office sent me a letter asking for more documents, but we wont be able to provide some of them, i.e. birth certificates. (their government doesn't issue birth certificate to those were born before 1996). So I have to find other alternatives with a nice cover letter:)

I am just worried that if the application was returned again, after their visa expires, then they might be considered over stay?? as I wont have the COA letter. (home office doesn't issue COA to returned application)

So I have two options here:

1. they leave now and come back after 6 months, then apply for EEA2 again, when we have more time

2. take the risk and send the application for the second time

any advice????

[abulotus]

It is going to be a challenging case indeed. I think it would be easier if they have come into this country on EEA FP rather than visitor visa, HOWEVER I have heard some rumors about similar cases of extended family members who succeeded in their EEA2 while on visitor visa.

My ADVICE: do not let them out of the country without getting RC first even if their visitor visa has expired. As far as they have COA they will be legally present in the UK. Again do not send them back to their country without sorting out the EEA2 application.

How are you exercising ur treating rights? and what documents you have submitted to support their application?

I am in similar situation to some extent .. but haven't applied for EEA2 yet for parents in law.

Share us your experience so far may be will be able to shed some light on your case.

[fysicus]

home office sent me a letter asking for more documents, but we wont be able to provide some of them, i.e. birth certificates. (their government doesn't issue birth certificate to those were born before 1996).

Somehow I have the feeling you misunderstand the requirements of the Home Office. You need to prove the family relationship with an EEA-national which for parents-in-law is a two-step process: first the marriage certificate of you and your spouse and then the birth certificate of your spouse (naming your parents-in-law as the parents of your spouse).
I do not see any use for the birth certificates of your parents-in-law: these would not add any useful information to the case. Their identity and nationality is already clear from their passports.

[sasa2010]

Sorry, you are right, I didn't make it clear. It is the birth certificate for my wife they want, but she doesn't have one. The only thing I can provide is our marriage certificate, with both parents' names on.

I sent out our marriage certificate for the first time, but HO still wants more evidence. It is bit annoying that, my wife told me that her local government could issue some documents, similar to birth certificates, but in order to get it, they have to be there in person.

home office sent me a letter asking for more documents, but we wont be able to provide some of them, i.e. birth certificates. (their government doesn't issue birth certificate to those were born before 1996).

Somehow I have the feeling you misunderstand the requirements of the Home Office. You need to prove the family relationship with an EEA-national which for parents-in-law is a two-step process: first the marriage certificate of you and your spouse and then the birth certificate of your spouse (naming your parents-in-law as the parents of your spouse).
I do not see any use for the birth certificates of your parents-in-law: these would not add any useful information to the case. Their identity and nationality is already clear from their passports.

[sasa2010]

Thanks for your reply, but in my opinion, parents in law are immediate family members, so they have the right to apply EEA2.

I don't have the PR stamp myself, but my son who was born this year, he got a British passport (based on the fact that I have been working here for more than 5 years), so I guess I am a PR already?

It is going to be a challenging case indeed. I think it would be easier if they have come into this country on EEA FP rather than visitor visa, HOWEVER I have heard some rumors about similar cases of extended family members who succeeded in their EEA2 while on visitor visa.

My ADVICE: do not let them out of the country without getting RC first even if their visitor visa has expired. As far as they have COA they will be legally present in the UK. Again do not send them back to their country without sorting out the EEA2 application.

How are you exercising ur treating rights? and what documents you have submitted to support their application?

I am in similar situation to some extent .. but haven't applied for EEA2 yet for parents in law.

Share us your experience so far may be will be able to shed some light on your case.

[sasa2010]

Hi guys:

Good news. just called home office, they said because my parents in law are family members of a EEA national, so even if their UK tourist visa is expired, they have the right to stay in the UK.

that means I have time to gather all the documents they want and send the application over and over again until they are happy.

[fisayo]

hi sasa2010, please what documents did you submit to the home office/passport office for your sons brtish passport to be endorsed/given

[sasa2010]

hi sasa2010, please what documents did you submit to the home office/passport office for your sons brtish passport to be endorsed/given

1. my son's birth certificate
2. our marriage certificate
3. P60 or any other documents to prove income and NI paid (I lost two of my P60s, so I required a letter from HRMC to show the tax and NI I paid)
4. Photos and application forms

[fisayo]

hi,sasa2010

thanks for the reply.please how long does it take to be issued?

[sasa2010]

hi,sasa2010

thanks for the reply.please how long does it take to be issued?

normally 1-2 weeks, but it took a bit longer for me, cos I lost my P60s, so my application was postponed, until I got the letter from HRMC.