EEA3 help

[31gstonepark]

Hello,

I wonder if you can help. We sent out my husbands EEA3 application on 21/09/2011. No certificate of application received till now.

Spoke to EU team at the UKBA they advised CoA was sent out on 10th October and suggested write to them again requesting duplicate CoA. So I did on 25/10/2011.

Nothing till now. Spoke to UKBA again today they stated that there is no time limit for issuing duplicate CoA. They issued us with one and “its our problem we have not received one”.

They give no progress updates on European route applications either. I wonder what we do now? CoA should have stated that my husband has the right to live and work in the UK. Now however not sure whats the position. How important is to have the CoA on hand? Please help. Has anyone had similar experience?

[Gyfrinachgar]

We sent out my husbands EEA3 application on 21/09/2011. No certificate of application received till now.

That is just 55 days today, and you received a CoA within 19 days from date of posting your application. About two weeks processing time in Liverpool; sounds like better-than-average to me. If the CoA was lost in post (which without tracking is virtually impossible to prove), it is indeed not their fault/problem. Did you submit prepaid envelopes with your application? Everything without a prepaid envelope will just be stuffed into the regular 2nd class post.

[boloney]

Hello,

I wonder if you can help. We sent out my husbands EEA3 application on 21/09/2011. No certificate of application received till now.

Spoke to EU team at the UKBA they advised CoA was sent out on 10th October and suggested write to them again requesting duplicate CoA. So I did on 25/10/2011.

Nothing till now. Spoke to UKBA again today they stated that there is no time limit for issuing duplicate CoA. They issued us with one and “its our problem we have not received one”.

They give no progress updates on European route applications either. I wonder what we do now? CoA should have stated that my husband has the right to live and work in the UK. Now however not sure whats the position. How important is to have the CoA on hand? Please help. Has anyone had similar experience?

if you applied using eea3 form that means you husband is an eu national so his passport should be enough to prove that he can live and work in the uk.

[31gstonepark]

well firstly I did provide a self-addressed envelope recorded delivery one as was advised on the UKBA website for return of docs. instead they used 2nd class mail and cant believe it got lost in post((((cant believe we so unlucky ((( now sent a request for copy CoA to be posted but they replied there are no "timeline" for receipt of a duplicate. so it might not arrive before the decision is made?!

is there any way to check the progress of application with the UKBA?

My husband is a non-EU national, was illegal at the time we got married. I hold permanent residence in the UK. Does he have all rights as EU national?

His passport was sent with application so we have no proof whatsoever neither of his identity nor of his rights. Can he start looking for a job and go on a temp tax code or smth? I assume we can not apply for NI number without passport (I do have a copy certified)??? How we can around getting NI number?

I was hoping the CoA will confirm his right for work in the UK. As you can imagine it is quite difficult for us on one wage plus I am doing my dissertation so was planning to cut down on work and he can start working. And now… does he have the right to work? How to go about NI number?

Thank you all for your replies in advance. Very kind.

And another question is what is the normal time now to process such applications? I know its up to 6 months stated on the website but what it is in reality?

Regards

[Gyfrinachgar]

is there any way to check the progress of application with the UKBA?

You could keep calling, but I am afraid that would not be overly auspicious, and I would also advise not bugging them too much.

My husband is a non-EU national, was illegal at the time we got married. I hold permanent residence in the UK. Does he have all rights as EU national?

No. Being married to someone who holds a PR does not grant the full rights and privileges of EU citizens. However, if certain conditions are met, it does give him the right to work here.

can he start looking for a job and go on a temp tax code or smth? I assume we can not apply for NI number without passport

If you husband was not legally in the UK at the time that complicates things a lot. By which route did he become legal, does he fulfill all conditions required (i.e. the longer time frames)? As far as I know (I am not entirely sure, though), both temporary and permanent NI numbers are issued once you have a work contract and no earlier. If your husband is a legal he can start looking for jobs, write job applications, go to job interviews, and so on, but a contract will usually only be offered once all relevant documents have been provided.

And another question is what is the normal time now to process such applications? I know its up to 6 months stated on the website but what it is in reality?

Experiences differ massively (check this, for example). It depends on how difficult your case is, how well it is documented and what the backlog is. It seems to have gotten better recently, as a guide I would say between 1 and 3 months in easy cases. Since your husband started his time here illegally, this will not be an easy one.

[31gstonepark]

dear all i must apologise my being very stupid today. what we applied for was an EEA2 for a residence card. would appreciate someone replying to same points raised but in relation to EEA2 appplication. somehow got very confused or just getting tired of having no news. we are applying for a residence card and not permament residence for him. thank you.

[fysicus]

My husband is a non-EU national, was illegal at the time we got married. I hold permanent residence in the UK. Does he have all rights as EU national?

No. Being married to someone who holds a PR does not grant the full rights and privileges of EU citizens. However, if certain conditions are met, it does give him the right to work here.

Gyfrinachgar, on this point you create confusion. The link you provide is not relevant for people under the EEA regulations; the correct link is this one. Being a family member (e.g. spouse) of a qualified person (either an EEA national exercising treaty rights or an EEA national who has acquired Permanent Residence) does give you an automatic right of residence and the right to work in the UK. The immigration history of the non-EEA family member is irrelevant in this case. So from the date of marriage the husband of 31gstonepark is no longer illegal in the UK.
However, convincing employers about this point can be difficult, if you do not have a Residence Card (or at least a Certificate of Application).

[lmuee08]

dear all i must apologise my being very stupid today. what we applied for was an EEA2 for a residence card. would appreciate someone replying to same points raised but in relation to EEA2 appplication. somehow got very confused or just getting tired of having no news. we are applying for a residence card and not permament residence for him. thank you.

I was wondering at the beginning how could a Non EEA applying using EEA3 form.

Totally agree with fysicus. It will be very difficult to convince the employer without RC or COA.

[31gstonepark]

so is my understanding - my husband has the right to live and work in the UK now regardless his immigration status previously. we happily live together so I believe there should be no probs with the UKBA to issue a residence card. I am in full time employment and so am exercising my rights as EEA-national.

I am just hoping they process application sooner than later and we get our docs back.

I agree convincing employer he has right to work may be difficult. However if we manage, can he start working and say using Temporary NI number? what would be your advice? would it influence UKBA decision in any way (i mean the fact he starts working? cause if not then i guess better wait)

i also read different points re: calling them to chase matters. is it worth calling them to chase the CoA or will that merely piss them off?

thank you

[fysicus]

As UKBA says that a CoA has been issued (although unfortunately it apparently got lost in the post), your application passed the first screening and has been accepted as complete. From the description of your situation it seems to me a fairly straightforward case, and with a bit of luck a favourable decision can be expected soon, hopefully well before the six month deadline.

The fact that your husband would start working (if you manage to find a job) before getting an RC would make no difference at all to UKBA's decision. But I don't know if you can get a NI number when your passport is still with UKBA; just phone the nearest JobCentre to find out.