Return of Passport EEA2 EEA3 application

[John33UK]

Hello,

In mid April this year I handed in a EEA3 application for me and my daughter (born here 2 years ago, Swedish citizen as me) and a EEA2 for my wife (since we haven't been living together for 4 years), and there's no sign of the passports as yet. HomeOffice status list, shows that my application is completed but they're still working on EEA2 applications at the moment.


My dad recently got really ill but is now recovering, and I want to travel to see my parents before they are themselves travelling overseas for a longterm holiday. We've asked the doctor to send a fax to the HomeOffice but she didn't want to do it, but she agreed to write a signed testimony and send it to me by letter instead.

However, I'm travelling next week, and want to phone HO to get my passports urgently back. Reading the HO website it states:

"If you want your passport back so that you can travel, we will return it, but we will cancel your application. Certificate of Approval, European or Nationality applications are not affected by the return of passports."

Does this mean that it won't affect the status of the EEA2 application? And is it still too late for me to get my passport back for the travel (anyone got experience of it already, timelines, complications etc?)

Really thankful for any speedy reply...
John

[JAJ]

Hello,

In mid April this year I handed in a EEA3 application for me and my daughter (born here 2 years ago, Swedish citizen as me) and a EEA2 for my wife (since we haven't been living together for 4 years), and there's no sign of the passports as yet. HomeOffice status list, shows that my application is completed but they're still working on EEA2 applications at the moment.


My dad recently got really ill but is now recovering, and I want to travel to see my parents before they are themselves travelling overseas for a longterm holiday. We've asked the doctor to send a fax to the HomeOffice but she didn't want to do it, but she agreed to write a signed testimony and send it to me by letter instead.

However, I'm travelling next week, and want to phone HO to get my passports urgently back. Reading the HO website it states:

"If you want your passport back so that you can travel, we will return it, but we will cancel your application. Certificate of Approval, European or Nationality applications are not affected by the return of passports."

Does this mean that it won't affect the status of the EEA2 application? And is it still too late for me to get my passport back for the travel (anyone got experience of it already, timelines, complications etc?)

Really thankful for any speedy reply...
John

It sounds to me like the EEA2 application is a "European" application and hence won't be affected. But you should clarify with the Home Office.

Are you aware that you can now immediately register your UK born daughter as a British citizen, now that you have permanent residence? (assuming your application was successful). Just fill in form MN1 and pay the fee of GBP200, and send it with supporting documentation to the Home Office IND in Liverpool.

Sweden now allows dual citizenship, so do you plan to apply for British citizenship yourself in a year's time?

And your wife: how long has she been in the UK and what's her nationality?

One further point regarding your daughter. Sweden allows dual citizenship, but as an overseas born Swedish citizen she may need to fulfil certain procedures at around age 21 to ensure she keeps her Swedish citizenship.

[John33UK]

It sounds to me like the EEA2 application is a "European" application and hence won't be affected. But you should clarify with the Home Office.

Are you aware that you can now immediately register your UK born daughter as a British citizen, now that you have permanent residence? (assuming your application was successful). Just fill in form MN1 and pay the fee of GBP200, and send it with supporting documentation to the Home Office IND in Liverpool.

Sweden now allows dual citizenship, so do you plan to apply for British citizenship yourself in a year's time?

And your wife: how long has she been in the UK and what's her nationality?

One further point regarding your daughter. Sweden allows dual citizenship, but as an overseas born Swedish citizen she may need to fulfil certain procedures at around age 21 to ensure she keeps her Swedish citizenship.

Yes, it soudnds to me as well that it's a European application. I will update this post with the info once I called the HomeOffice and received clarification regarding this though.

Well, I don't have any immediate plans to apply for British citizenship, I might waith another 5 years until I do that . But for my daughter who was born here, I will apply for her citizenship as soon as the permanent residence has been confirmed. Thanks for the tip regarding the MN1 form.

Regarding my wife, she is non-European from Uganda and has been here since 99, however we got married a little bit more than 3 years ago.
John

[Dawie]

John

Surely as a Swedish citizen you also possess a Swedish identity card? You can use this to travel between Sweden and the UK. A passport is not necessary in your case.

[John33UK]

John

Surely as a Swedish citizen you also possess a Swedish identity card? You can use this to travel between Sweden and the UK. A passport is not necessary in your case.

My Swedish identity card expired a couple of years ago, while being here and I haven't renewed it. But I had no idea I could use that to travel between Sweden and the UK!? Surely, we still need passports...?

Anyway, I did get it confirmed that the application will not be withdrawn while I'm travelling but it's status will be held until I return it. I'm so reliefed to be able to travel and see my parents again though . I was redirected to a second person, who was friendly and gave appropriate advice - so pleased with the service actually!

[JAJ]

My Swedish identity card expired a couple of years ago, while being here and I haven't renewed it. But I had no idea I could use that to travel between Sweden and the UK!? Surely, we still need passports...?

Citizens of EEA states can travel between each country using a national ID card as well as a passport. This may now extend to Switzerland and Swiss citizens.

It's not that unusual for friendly countries in the same region of the world (especially with land frontiers) to accept ID cards for travel as well as passports from those with the relevant citizenship.

When a British ID card is introduced, the cards issued to British citizens will be usable as travel documents within the EEA.

[JAJ]

Regarding my wife, she is non-European from Uganda and has been here since 99, however we got married a little bit more than 3 years ago.

What has been her visa status up to now?

[colinm]

Gentlemen

To my knowledge swedish id cards are not valid for entry into UK however they are valid for travel within the schengen area. please see
following link

http://ec.europa.eu/idabc/en/document/4792/344

I did check with migrationsverket (immigration board in sweden) sometime back and was given above information as well. Has this changed now ?

Further as eea residence permits for non eea dependants are initially valid for 5 years and to obtain british citizenship applications have to be made with home office for permanent residency after 6 years ( if the eea national does not opt to become british citizen) what is procedure for the one extra year does one lodge a new application with home office using forms EEA2 or EEA4 ?

Many Thanks!

Colin

[JAJ]

To my knowledge swedish id cards are not valid for entry into UK

They are valid provided the holder's Swedish citizenship is clearly stated. From the Home Office website:
http://www.ind.homeoffice.gov.uk/applyi ... unationals

Do I need to show my passport or national identity card when I enter the UK?

Yes. When you arrive at major UK ports and airports you should use the separate channel marked ‘EEA/EU’ where it is available. Immigration Officers will check your passport or national identity card to make sure that it is valid and that it belongs to you.

Further as eea residence permits for non eea dependants are initially valid for 5 years and to obtain british citizenship applications have to be made with home office for permanent residency after 6 years ( if the eea national does not opt to become british citizen) what is procedure for the one extra year does one lodge a new application with home office using forms EEA2 or EEA4 ?

After 5 years residence, a non-EEA family member should use form EEA4 to apply for permanent residence.

As I understand it, once granted, permanent residence is normally valid for life provided holder remains resident in the United Kingdom.

Any particular reason why the person would not want to naturalise?

[colinm]

Thank you Jaj.

Please see following link from swedish embassy which does not reflect UK where swedish id cards are accepted at point of entry or exit.

http://www.swedenabroad.com/pages/general____40960.asp

I know UK says id cards from eu nationals and this works fine for other european countries but for swedish nationals its essential they carry their passport for their entry into UK. A friend of mind had this experience at stanstead airport in may 2006.

Concerning the applications for permanent residency so non-eea national makes application for permanent residence on completion of 4 years and 11 months and than has to wait one year to get one ? is that right ?

The reason why would swedish national choose not to be british is a personal one.

Thanks for all your help.

Best Regards

Colin

[JAJ]

Thank you Jaj.

Please see following link from swedish embassy which does not reflect UK where swedish id cards are accepted at point of entry or exit.

http://www.swedenabroad.com/pages/general____40960.asp

I know UK says id cards from eu nationals and this works fine for other european countries but for swedish nationals its essential they carry their passport for their entry into UK. A friend of mind had this experience at stanstead airport in may 2006.

Sorry, as far as Britain is concerned, an EEA member state citizen may use an identity card provided it clearly states the holder's nationality. Chapter 4 of the Diplomatic Service Procedures on Entry Clearance states this in black and white:


4.7 - Identity cards of EEA Nationals
EEA nationals may use identity cards as travel documents for travel to the United Kingdom.

A passport is advisable as there's always the chance of encountering an inexperienced immigration officer who doesn't know about the rules for ID cards. Also, it may be easier to get a Swedish passport in Sweden compared to from the UK.

Does a Swedish identity card make it clear if the holder is a Swedish citizen or not?

Concerning the applications for permanent residency so non-eea national makes application for permanent residence on completion of 4 years and 11 months and than has to wait one year to get one ? is that right ?

No, not quite rights. That person would apply for permanent residence after five years. Processing time should not be very long. And the permanent residence right is acquired immediately after 5 years : the permanent residence permit is just evidence of that.

One year after acquiring permanent residence, the person can then apply for British citizenship. The requirement to wait for a year does not apply if married to a British citizen.

The reason why would swedish national choose not to be british is a personal one.

Of course. However, Sweden has allowed dual citizenship since 1 July 2001.

[John33UK]

Regarding my wife, she is non-European from Uganda and has been here since 99, however we got married a little bit more than 3 years ago.

What has been her visa status up to now?

Hi Jaj,
A tad bit late reply, but her visa status currently is the EEA2 "5 year status", however, it's run out now. Reason being is that when we met and prior to our marriage, I already had and EEA1 permit since 2 years back... thus it has expired now.

[JAJ]

Hi Jaj,
A tad bit late reply, but her visa status currently is the EEA2 "5 year status", however, it's run out now. Reason being is that when we met and prior to our marriage, I already had and EEA1 permit since 2 years back... thus it has expired now.

When did she get EEA family status and what was her visa status in the UK before that? (right back to 1999)?

[John33UK]

Hi Jaj,
A tad bit late reply, but her visa status currently is the EEA2 "5 year status", however, it's run out now. Reason being is that when we met and prior to our marriage, I already had and EEA1 permit since 2 years back... thus it has expired now.

When did she get EEA family status and what was her visa status in the UK before that? (right back to 1999)?

She got the family status 3 and half years back, and she was an asylum seeker originally...

[JAJ]

When did she get EEA family status and what was her visa status in the UK before that? (right back to 1999)?

She got the family status 3 and half years back, and she was an asylum seeker originally...

As I understand it, she still has EEA Family status even if the stamp has expired. Her stamp is just proof of her status, so if she doesn't have it renewed, she's not illegal. (although she ought not to leave the United Kingdom without it, and may have problems proving her lawful status to an employer).

Once she has clocked up five years on EEA Family status she should use form EEA4 to apply for permanent residence.

Whether you decide to take out British citizenship is up to you, but if you do, then your wife will be able to apply for naturalisation immediately after obtaining permanent residence (under the 3 year rule for spouses of British citizens).

If you don't become British in the meantime, then she will have to wait 12 months after permanent residence before being eligible for naturalisation.

She could lose her Ugandan citizenship by becoming British (depends on Uganda law), but this may not be important.

[John33UK]

If you don't become British in the meantime, then she will have to wait 12 months after permanent residence before being eligible for naturalisation.

She could lose her Ugandan citizenship by becoming British (depends on Uganda law), but this may not be important.

Thanks. Thinking about it, I lived her since 99 and I feel truly engaged and integrated in the UK in most respects, and as Sweden allows dual citizenship - I will go for the British citizenship as well. My daughter is born in Britain and will be British growing up, although I want her to not forget her Swedish roots as well.

[JAJ]

Thanks. Thinking about it, I lived her since 99 and I feel truly engaged and integrated in the UK in most respects, and as Sweden allows dual citizenship - I will go for the British citizenship as well. My daughter is born in Britain and will be British growing up, although I want her to not forget her Swedish roots as well.

Having dual British/Swedish citizenship will protect both you and your daughter against possible future changes to the immigration laws, as well as giving rights that go beyond EU/EEA treaty obligations.

Regarding your daughter, she will probably need to apply to retain Swedish citizenship before age 22 if she wants to keep it:
http://www.migrationsverket.se/english. ... dborg.html


Keeping your Swedish citizenship
Born and living abroad

To avoid losing your Swedish citizenship if you were born and are still living abroad, you can apply to keep it. You must do so before the age of 22. You do not need to make an application if you have lived in Sweden during any period of your life or if you visit Sweden regularly.

If you are one of the first generation born abroad, your application will be granted. Subsequent generations born abroad may also be allowed to keep their Swedish citizenship as long as they have not completely severed their ties with Sweden.

You can order the application form from the nearest Swedish embassy or consulate or, if you are visiting Sweden, from the Migration Board's Distribution Section, Sweden. Forms are available here as PDF documents (only in Swedish).

Applications to keep Swedish citizenship are to be submitted to the nearest Swedish embassy or consulate. If you are visiting Sweden, you can send your application directly to the Migration Board in Norrköping.

Losing or being exempted from Swedish citizenship
You can lose your Swedish citizenship through statutory limitation

You lose your Swedish citizenship when you turn 22, through what is termed statutory limitation, if you are a Swedish citizen and

* were born outside of Sweden
* have never lived in Sweden

and

* have not stayed in Sweden under circumstances indicating an attachment to this country.

To avoid losing your Swedish citizenship, you can apply to keep it before you reach the age of 22, see Born and living abroad