EEA2 help pls

kate8118 · Post by **kate8118** » Thu Dec 21, 2006 7:13 am

Hi there,

I have applied for an EEA2 for almost 2 months now. As my current student visa will expire in January, do you think it is a wise thing to ask for the return of passport to extend my student visa before?

I am quite concerned since the time is running up.
would appreciate your advice.

Thanks,

Post by **John** » Thu Dec 21, 2006 8:23 am

As my current student visa will expire in January ......

Well actually, no it does not! Because of legislation commonly known as "Section 3C", should IND not deal with the application made on form EEA2 before the stated expiry date of the student visa, then such student visa is automatically extended until they do actually deal with the EEA2 application, and should that application be rejected for any reason, until the time to appeal against that rejection has expired.

In other words there is absolutely no need for you to withdraw your current application or to ask for your passport back. You will not suddenly become an overstayer simply because IND is so slow in dealing with the new application.

Just to make clear, Section 3C only applies where the application for the new visa/permit is made prior to the expiry date of the old visa. Which for you Kate means that Section 3C is in play for you.

kate8118 · Post by **kate8118** » Thu Dec 21, 2006 9:20 pm

Thank you so much John, the advice was very helpful indeed! Do you know how long the granted extension period for appeal in case of rejection would theoretically be (so I can make alternative arrangements..)?
Thanks and merry christmas, Kate

Post by **John** » Thu Dec 21, 2006 9:56 pm

Appeal time limit? 10 working days starting from when you receive the notice of rejection.

However, assuming evidence was supplied showing that your spouse is exercising their Treaty Rights, or for some reason they suspect that the marriage is a "marriage of convenience", there is little chance of rejection.

Having just checked on the IND website, regarding applications for Residence Card using form EEA2, they are currently looking at applications submitted in August. As you submitted your application in October, you might still have a couple of months to wait.

kate8118 · Post by **kate8118** » Sat Dec 23, 2006 6:19 pm

Hello John,

Will I have the right to apply for other types of visa e.g. work permit or extend my student visa within the UK should the rejection of EEA2 come after the expiry date of my old visa?

I am not married with my partner yet, but we have lived together for more than 2 years here.

Appreciate your great help.

Post by **John** » Sat Dec 23, 2006 6:49 pm

I am not married with my partner yet, but we have lived together for more than 2 years here.

As long as the supporting evidence proves the two of you have lived together for at least 2 years there is no reason for the application to be rejected. The two of you are clearly in a "durable relationship".

But should the Residence Card application fail for any reason, yes you could apply for a new student visa within the 2 week time you have to appeal against that rejection. As previously discussed, because of Section 3C, your existing student visa will still be valid at that time.

What evidence was supplied to show that the two of you are in a "durable relationship"?

Work Permit? You would not apply for that! An employer applies for that and if granted then you would apply for an employment visa. But what sort of job would you hope to do on a WP?

kate8118 · Post by **kate8118** » Mon Dec 25, 2006 11:15 am

Hello John,

Merry Christmas to you. Thank you for all your helpful comments. I provided some documents to prove our "durable relationship" which are
- Mail documents going to same address which shows that we're living together (at least 10 different documents)
- Bank statement which shows that we can support ourselves without claiming public funds.
When do you reckon I should know the EEA application result as in normal case? Should it not be successful, my employer is willing to apply for a work permit as I am in a position of analyst in a company. However, I realize that work permit is more difficult since the employer needs to prove that such work requires specific skill. How do you think?

All my best wishes,
Kate

Post by **John** » Mon Dec 25, 2006 12:25 pm

Hi Kate, and Merry Christmas to you!

When do you reckon I should know the EEA application result as in normal case?

As already posted in this topic, IND are currently looking at EEA2 applications submitted in August, and you applied in October. So it could well be another couple of months before you hear the result of the application. So absolutely no need to panic about the delay that is occurring .... you are not being singled out.

WP? Unless the job is on the occupational shortage list, and yours is not, the employer will need to advertise the position and not find anyone suitable from the UK or the rest of the EEA. Accordingly certainly do not assume that a WP would be forthcoming for you.

kate8118 · Post by **kate8118** » Tue Dec 26, 2006 1:51 pm

Hello John,

Just noticed on the FAQ list question 3
[/quote]. "I am an EU national and want to sponsor my girlfriend to remain in the UK with me under EU law - is this possible?" ......boyfriends, girlfriends, unmarried partners, fiances/ees etc are exluded from any benefits pertaining to EU law as they are not dependents/ family members.

Is this true? As long as partner can show the evidence that their relationship is durable, it should be possible for them to apply using an EEA2 application.

Thank you

Post by **John** » Tue Dec 26, 2006 2:42 pm

Is this true?

No, not since 30.04.06 when new EU/EEA regulations came into force. Now those in a "durable relationship" with an EU/EEA citizen are also within the definition of "family member".

Post by **JAJ** » Thu Dec 28, 2006 12:19 am

John wrote:
As my current student visa will expire in January ......
Well actually, no it does not! Because of legislation commonly known as "Section 3C", should IND not deal with the application made on form EEA2 before the stated expiry date of the student visa, then such student visa is automatically extended until they do actually deal with the EEA2 application, and should that application be rejected for any reason, until the time to appeal against that rejection has expired.

John
Does Section 3C also apply to applications made under the "European" rules, eg EEA2?

kate8118 · Post by **kate8118** » Sat Dec 30, 2006 4:43 pm

Hi John,

Happy New Year to you...

I just wonder whether the work permit applied on behalf of my employer based on the ground that the employer need my language skill sounds sensible to HO or not. I am now hesitant between keep working or start studying again because of this concern.

One day I read about section 3C, hopefully that this section applies to all visa application (including EEA2) which applies before the expiry of the person's leave. It would be great if you could kindly confirm me this.

Hope you have a brilliant year!!
Kate

kate8118 · Post by **kate8118** » Tue Jan 16, 2007 7:16 am

Hi there,

Just phoned the HO and they said that "If the case not be successful, then the options are either appeal or return home to apply to another entry clearance". Is this true? Can't I just possibly extend student visa in the UK in such case?

Hope someone can confirm me that section 3C DOES apply to EEA2 application.

Much appreciated,
Kate

Post by **John** » Tue Jan 16, 2007 10:05 am

Kate, the instructions to IND state :-

It is often not possible to decide an application for an extension of leave until after the period of leave has expired. To prevent applicants from becoming overstayers through no fault of their own, section 118 of the Nationality, Immigration and Asylum Act 2002 introduced an amended section 3C into the Immigration Act 1971. Section 3C automatically extends the leave of a person who has made an application for further leave to remain during a period of extant leave. Technically, the leave is "treated as continuing".

Which merely talks of "an extension of leave" rather than limiting the scope of that.

However with European applications there is another angle on this. The person has their Treaty Rights automatically! So making an application, for example on form EEA2, is merely getting confirmation that those rights are actually possessed.

Kate, assuming that good evidence was supplied with the application .... and also assuming you are not an international terrorist or a serious concern to public health ... there is no reason why the application for the Residence Card will be refused.

kate8118 · Post by **kate8118** » Tue Jan 16, 2007 1:12 pm

Dear John,

Thank you very much for your clear and encouraging reply. I am of course neither a terrorist nor any other threat to queen or country. However, I understand that in the case of unmarried partners some discretion is left to the home office (i.e. if living together qualifies, or if further evidence such as join bank account etc has to be provided). Thus, I see some residual risk that my application may be rejected on these grounds and that I will not be allowed to apply for an extension of my current student visa although I am in the middle of my course! Going back to my home country could jeopardise my final exam success as it might take long time for student visa applications in my country.

Do you think the officer dealing with a potential extension of student visa has to accept the letter of Section 3C as evidence of "a valid visa" should I find myself without such in a couple of weeks time?

As always, I greatly appreciate your kind help. Thanks!!!

Kate

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EEA2 help pls

EEA2 help pls