EEA2 application documentation

dhruva.dakhore · Post by **dhruva.dakhore** » Mon May 28, 2012 2:58 pm

Hello people.

I am new on this forum and found this extremely helpful. Your responses will be gratefully appreciated.

I submitted EEA2 application last month, still no response. I am giving you the list of documents I provided. Please tell me if this is sufficient documentation. And I have a query, if the application is refused on the basis of my partner not exercising the treaty rights, will I get a right to appeal? My current Tier 4 visa is already expired

Documents provided:
1. Original valid passports for both of us.
2. Completed application form and photos of me
3. Cover letters and witness statements
4. Marriage certificate (March 2012)
5. Tenancy Agreement (Having both of our names on it)
6. Bank statements for both of us for last 6 months
7. Recent payslips for both of us
8. Some utility bills
9. Wedding photographs and some old photographs

Documents NOT provided:
1. Photos of my EEA partner
2. Letters from employer confirming employment
3. Contracts of employment
4. English language proficiency
5. Documents regarding studies

I am worried about the application because I have provided only one proof of my EEA partner exercising treaty rights i.e. recent payslips. I had to post the application in hurry because I wanted to apply before my current visa expires.

Please let me know about your predictions of decision of application.
Thank you very much!

Post by **Jambo** » Mon May 28, 2012 4:02 pm

First of all you need to understand that unlike the UK immigration rules, under EEA regulations rights are derived automatically by the activities of the EEA national and not by permission from the HO. If you are married to an EEA national who is exercising treaty rights, you are legal in the UK. It doesn't matter if you have a valid RC or if your Tier-4 visa expires. You could have submitted the EEA2 application after your visa run out and it would also be legally fine.

If you have submitted payslips of the EEA national, the HO will not refuse the application for the reason the EEA national is not exercising treaty rights but might ask for more evidence if this is not enough (several months payslips should be enough. One weekly payslip probably not).

Your main "worry" should be if they suspect your marriage is not genuine and was to enable you to stay once your Tier-4 visa expires. The list of the evidence you provided should be enough to prove the relationship but the HO might have a different view than me....

dhruva.dakhore · Post by **dhruva.dakhore** » Mon May 28, 2012 4:26 pm

Hello
Thank you very much for your reply.
So according to you my application was fine according to requirements.
In case my application is refused stating I did not provide enough evidence to prove the relationship is genuine, what more can they ask from me?
I am asking so that I can keep those documents safe with me. I have everything any married couple can possibly provide. But most of utility bills are in my name and not her.
And I am still not clear about my right of appeal on refusal?

Thanks!

Post by **Jambo** » Mon May 28, 2012 5:06 pm

I think you will be OK with the evidence you provided. If not, wait to see what they write and address that.

In any case, you can appeal but an easier option would be just to reapply. As I said, the fact that the HO refuses to issue you a residence document doesn't make you illegal in the UK.

ch_82 · Post by **ch_82** » Mon May 28, 2012 6:41 pm

With the experience of your friends, usually how long it will take to process EEA2 application ??

dhruva.dakhore · Post by **dhruva.dakhore** » Tue May 29, 2012 2:49 am

Jambo wrote:I think you will be OK with the evidence you provided. If not, wait to see what they write and address that.

In any case, you can appeal but an easier option would be just to reapply. As I said, the fact that the HO refuses to issue you a residence document doesn't make you illegal in the UK.

Thanks again.

One last query, I would gather some other proofs over next few weeks such electoral role documents, letters from employers etc. Should I post these documents again with the request to consider them? If yes, will they be able to attach these documents to my old file? As I didnt get any reply from them, I dont have the reference number. If I call them will they provide me with reference number?

dhruva.dakhore · Post by **dhruva.dakhore** » Tue May 29, 2012 2:51 am

ch_82 wrote:With the experience of your friends, usually how long it will take to process EEA2 application ??

Hi

I personally dont know many people applied for EEA2. Couple of my friends got it in 4-5 months. One is waiting for 7 months!

Post by **Jambo** » Tue May 29, 2012 7:17 am

dhruva.dakhore wrote:Thanks again.

One last query, I would gather some other proofs over next few weeks such electoral role documents, letters from employers etc. Should I post these documents again with the request to consider them? If yes, will they be able to attach these documents to my old file? As I didnt get any reply from them, I dont have the reference number. If I call them will they provide me with reference number?

There is no point of sending more evidence now. I believe the evidence you provided would be enough. You just need to be patient and wait (can take up to 6 months).

ch_82 · Post by **ch_82** » Tue May 29, 2012 4:01 pm

Hi

I will apply for EEA2 visa on first week of june. I am working at the moment and my visa will expire on august 2012. I have heard that it takes 6 months for EEA2 application. So can i continue my job after visa will be expired in august 2012.
Any of you have any experience when the application is in process then employers avoid to give you job/work?

Post by **Jambo** » Tue May 29, 2012 4:27 pm

ch_82 wrote:Hi

I will apply for EEA2 visa on first week of june. I am working at the moment and my visa will expire on august 2012. I have heard that it takes 6 months for EEA2 application. So can i continue my job after visa will be expired in august 2012.
Any of you have any experience when the application is in process then employers avoid to give you job/work?

On what basis will you apply? marriage? durable relationship?

What is your current visa?

ch_82 · Post by **ch_82** » Tue May 29, 2012 4:31 pm

Marriage.
I am on tier 1 visa

Post by **Jambo** » Tue May 29, 2012 5:12 pm

Is it tier-1 general or PSW? If tier-1(g), you should be aware that depending on your circumstances, your time for ILR/PR might get affected if you switch.

4-6 weeks after applying you should receive a letter acknowledging the application (CoA - Certificate of Application) which will state your right to work which you can use to show to your employer. Legally, you are allowed to work if you are married to EEA national who is exercising treaty rights but without the CoA/RC it might be difficult to convince your employer.

ch_82 · Post by **ch_82** » Tue May 29, 2012 6:25 pm

Yes I came on tier 1 general.
How it will effect my PR if I change to EEA. I am in UK from last 17 months if I switch to EEA visa then after 3 and half years will I be eligible to PR??
What's the approximate time to receive RC and COA??

Post by **Jambo** » Tue May 29, 2012 10:13 pm

ch_82 wrote:Yes I came on tier 1 general.
How it will effect my PR if I change to EEA. I am in UK from last 17 months if I switch to EEA visa then after 3 and half years will I be eligible to PR??
What's the approximate time to receive RC and COA??

Time for PR under EEA regulations starts once you live in the UK as married to EEA exercising treaty rights. Time before that (on any other visa) doesn't count.

For time for CoA and RC see EEA2 Application Timelines - ONLY 1 TOPIC - UpToDate.

ch_82 · Post by **ch_82** » Wed May 30, 2012 8:15 am

Jambo wrote:
ch_82 wrote:Yes I came on tier 1 general.
How it will effect my PR if I change to EEA. I am in UK from last 17 months if I switch to EEA visa then after 3 and half years will I be eligible to PR??
What's the approximate time to receive RC and COA??
Time for PR under EEA regulations starts once you live in the UK as married to EEA exercising treaty rights. Time before that (on any other visa) doesn't count.

For time for CoA and RC see EEA2 Application Timelines - ONLY 1 TOPIC - UpToDate.

I am working in uk since february 2011 and my wife who is EEA national is working from march 2011. That time will count for PR ??

Post by **Greenie** » Wed May 30, 2012 8:42 am

When did you marry your wife?

ch_82 · Post by **ch_82** » Wed May 30, 2012 9:11 am

Greenie wrote:When did you marry your wife?

married in feb 2009.. came uk last year in january and started workig in feb2011.. whereas my wife started work from march 2011

Post by **Jambo** » Wed May 30, 2012 9:42 am

ch_82 wrote: I am working in uk since february 2011 and my wife who is EEA national is working from march 2011. That time will count for PR ??

Then your count for PR started in March 2011 (your actions are not relevant). The fact that you don't have a RC is not relevant as documentations under EEA regulations are optional and right of residence is deriveHebron the EEA national actions and not from documents from the HO.

ch_82 · Post by **ch_82** » Wed May 30, 2012 9:47 am

Then your count for PR started in March 2011 (your actions are not relevant). The fact that you don't have a RC is not relevant as documentations under EEA regulations are optional and right of residence is deriveHebron the EEA national actions and not from documents from the HO.[/quote]

Following docs are sufficient for EEA2 application?
1: Marriage Certificate
2: Passport of applicant and EEA
3: Employment letter of applicant and EEA
4: Payslips of applicant and EEA
5: Last 6 months statement of employment and EEA
6: Utility Bill
7: Accountant letter showing tax paid and salary earned

Post by **Greenie** » Wed May 30, 2012 10:02 am

your payslips/employment letter are not required, it is not your activities that are relevent

Post by **Jambo** » Wed May 30, 2012 10:05 am

ch_82 wrote:
Following docs are sufficient for EEA2 application?
1: Marriage Certificate
2: Passport of applicant and EEA
3: Employment letter of applicant and EEA
4: Payslips of applicant and EEA
5: Last 6 months statement of employment and EEA
6: Utility Bill
7: Accountant letter showing tax paid and salary earned

3,4,5,7 are redundant. One piece of evidence for the EEA employment is enough. Their is no need for employment evidence for the non EEA national.

ch_82 · Post by **ch_82** » Wed May 30, 2012 10:16 am

Greenie wrote:your payslips/employment letter are not required, it is not your activities that are relevent

Thanks for all the advice.

ch_82 · Post by **ch_82** » Wed May 30, 2012 11:15 am

Greenie wrote:your payslips/employment letter are not required, it is not your activities that are relevent

Just a concern. I have heard that EEA applications take always 6 months for processing. How true that statement is ??
Usually how long it take for processing application??

ch_82 · Post by **ch_82** » Sun Jun 03, 2012 9:43 am

Can anyone tell me i want to apply EEA2 application and my wife, dauhter and 3 month old son who all are eea national want to apply EEA1 application then i have to submit application with my wife ?? or we will apply separate ??
can we apply EEA1 of our 3 month old baby who did not have passport yet

Post by **EUsmileWEallsmile** » Sun Jun 03, 2012 10:45 am

ch_82 wrote:Can anyone tell me i want to apply EEA2 application and my wife, dauhter and 3 month old son who all are eea national want to apply EEA1 application then i have to submit application with my wife ?? or we will apply separate ??
can we apply EEA1 of our 3 month old baby who did not have passport yet

Realistically, only the non-EU national requires residence documentation. (Although it is optional, the non-EU may struggle to prove entitlement without it).

An EEA1 and EEA2 applications can be made together. Just keep it in the same envelope.

Normally, a passport is required for all the applicants.

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EEA2 application documentation

EEA2 application documentation