EEA 2 Residence Card Application returned and unaccepted.

[sarah82]

Hi Again Forum,

Am grateful to be back home in the UK but been home 5 weeks now and the red tape is mind boggling !!

My Non-Eea husband entered UK with me at Calais on 14/12/2011 without an EEA FP and so was issued with a very basic entry clearance stamp in his passport valid until 14/06/2012.

My husband can't get an NI number as every time we telephone to request an application form to apply for an NI number, they are telling him he is claiming benefits when in fact I myself have put in a claim for Job Seekers allowance and said that I don't wish to claim a penny for my Husband as I am of the impression that he has no recourse to public funds: Am I correct in presuming that he doesn't?

I submitted an application for eea2 under Surrinder Singh ruling and stupidly didn't enclose a British Passport as I don't have one at the moment! (Silly of me I know, but since I was born before December 1982 then I am in fact British by birth and so enclosed my apostled UK birth certificate and a photocopy of my Irish passport as photographic ID)

Quoted Eind Judgement and also had read advise on this forum that there may be no need to translate documents once they're in a European language, so I submitted all my payslips and population registry, bank statements etc, all originals but all in Dutch Neverltheless!

So surprise surprise after sending it all on 22/12/2011, on 19/01/2012 We receive all our documents and application form back with a letter saying we should reapply with translations of all the Dutch documents and a British Passport!

It's all such a muddle! I have many queries but i'd be typing here all night!
My main queries are: I will apply now for my British Passport but My population registry documents from the Netherlands list me as an Irish national could this be an issue?

Also can anyone advise on how my spouse can be issued an NI number
while he only has this non-descript stamp in his passport as right now we are being shoved from pillow to post over the phone.

Our long and tedious thread is below which provides a little more history!

Thank you all for your help past and present!

http://www.immigrationboards.com/viewto ... 104#570104

[nonspecifics]

http://www.direct.gov.uk/en/MoneyTaxAnd ... /DG_190057

"If you need to claim benefits and/or tax credits (or if your partner needs to claim benefits and/or tax credits for you) you will need a National Insurance number. Your application will be made as part of the benefit claim process."

If he said he did want to apply for benefits or get a job they would be required to issue him with an NI number, cos NI numbers are how the DWP (Gestapo) identify applicants.

[Obie]

I believe you will be fine producing the Irish passport. You will be asked if you have any other nationality on the form, and you can say you are British, by virtue of MCCarthy principle, your british nationality will take preference and you will be asked to provide evidence you lived in another memberstate.Then you can show your Dutch documentation. This may be a way of getting round this situation.
It might work, or you could simply get the British passport

[fysicus]

...a photocopy of my Irish passport as photographic ID)

you should have included your passport, not a photocopy. A photocopy is never accepted as proof of ID!

Quoted Eind Judgement and also had read advise on this forum that there may be no need to translate documents once they're in a European language, so I submitted all my payslips and population registry, bank statements etc, all originals but all in Dutch Neverltheless!)

countries are certainly not obliged to accept documents in any official EU language. The Netherlands are very generous and accept documents in Dutch, English, French and German; the UK is very restrictive and only accept documents in English

So surprise surprise after sending it all on 22/12/2011, on 19/01/2012 We receive all our documents and application form back with a letter saying we should reapply with translations of all the Dutch documents and a British Passport!

You can ask for an international extract, which is in (at least) Dutch, English, French and German, from the Dutch population registry. Contact the place where you lived by email for the procedure to follow. Don't bother about bank statements; I don't think they add any weight (except at the postoffice) to your application.

[limi]

Hi Sarah,
I understand from your posts that your husband was able to enter UK under
Directive 2004/38/EC

I am in a similiar situation as you were.
For what documents did UK BA ask you for and what docs would you advise i
should have with me at the Border.
Many thanks and await your help and advise
Limi

[sarah82]

Hi Limi,

I had 3 months worth of Dutch payslips with me but did not produce them at the Calais border as I was travelling on my Irish passport (Dual British/Irish national)

We did supply both our passports which BOTH had Dutch residence stickers in them but my husband did not yet have his Dutch Residence card so I suppose the sticker in his passport was probably the Dutch equivalent of the certificate of application that UK provide when you apply for an EEA RC.

Also our marriage certificate and that was about it BUT my husband was interrogated for almost 5 hours as he has a seven year old criminal conviction from another EU Member state and had been previously extradited from the UK But I think the only thing that drew attention to him was the fact that the marriage certificate was 3 and a half years old and a BRITISH one!

So straight away they knew he had been previously in the UK and therefore started their pryful interrogating, I think had we had married in Holland and arrived at the border he may have not been held for those hours.

But yeah we simply presented our marriage certificate both passports and printouts of the UKBA's internal border guard advice stating that a family member WITHOUT a family permit should be admitted on a stamp code 1A.

If however I had been entering on my British passport I would have had to show my payslips from Holland I guess.

Are you intending to arrive via Calais?

[Directive/2004/38/EC]

If you want to be here on the basis of your Irish citizenship, then it does not matter if you worked outside the UK. But it will be important that you work in the UK.

If you want to be here on the basis of your British citizenship, then it does matter that you worked outside the UK but you are not required to work to remain in the UK.

[slowmotion85]

Hi Limi,

I had 3 months worth of Dutch payslips with me but did not produce them at the Calais border as I was travelling on my Irish passport (Dual British/Irish national)

We did supply both our passports which BOTH had Dutch residence stickers in them but my husband did not yet have his Dutch Residence card so I suppose the sticker in his passport was probably the Dutch equivalent of the certificate of application that UK provide when you apply for an EEA RC.

Also our marriage certificate and that was about it BUT my husband was interrogated for almost 5 hours as he has a seven year old criminal conviction from another EU Member state and had been previously extradited from the UK But I think the only thing that drew attention to him was the fact that the marriage certificate was 3 and a half years old and a BRITISH one!

So straight away they knew he had been previously in the UK and therefore started their pryful interrogating, I think had we had married in Holland and arrived at the border he may have not been held for those hours.

But yeah we simply presented our marriage certificate both passports and printouts of the UKBA's internal border guard advice stating that a family member WITHOUT a family permit should be admitted on a stamp code 1A.

If however I had been entering on my British passport I would have had to show my payslips from Holland I guess.

Are you intending to arrive via Calais?

Hi Sara how did u get ukba internal border guard advice? My wife is eea citizent, shes from poland, she works there in uk, scotland, but im non eea, im from Serbia...
We have marrage certif., passports, but dont have that third paper, CAN we get it at border? Peacd

[Jambo]

Hi Sara how did u get ukba internal border guard advice? My wife is eea citizent, shes from poland, she works there in uk, scotland, but im non eea, im from Serbia...
We have marrage certif., passports, but dont have that third paper, CAN we get it at border? Peacd

See Q1 in EEA FAQs - Common Questions - Read before posting - EEA Family Permit.

Please note that she entered by land/ferry from France and did not fly to the UK.

[slowmotion85]

Hi Sara how did u get ukba internal border guard advice? My wife is eea citizent, shes from poland, she works there in uk, scotland, but im non eea, im from Serbia...
We have marrage certif., passports, but dont have that third paper, CAN we get it at border? Peacd

See Q1 in EEA FAQs - Common Questions - Read before posting - EEA Family Permit.

Please note that she entered by land/ferry from France and did not fly to the UK.

Tnx so ur suggesting me, its better to travel to uk by bus?