EEA Family Permit

[ojconcentrate]

Hello All,

My original topic is here:

http://www.immigrationboards.com/viewtopic.php?p=691094

So here's the update on the situation:

We have requested the passport back and we received it today. It didn't come with the residency card but they said the application is still processing and if they needed the documents back, they would ask for it. pretty standard.

We also received the CoA stating that my wife can also work, which is also pretty standard.

Another letter came saying that she needed to apply for an EEA Family Permit before she comes back. This is obviously a hassle since Brazil is a big country and she needs to take a 3 hours flight to get to the closest Embassy/Consulate and she's travelling with our 20 month old Daughter.

Here's our Residency details:

I'm Austrian (well, Austrian descendant born in Brazil).

I've always worked for the same multinational company here since 2005 (which is why i moved here).

I requested my Residency Confirmation and had that since 2005.

We were married in 2006 in brazil and my wife came with me to the UK after

She then applied for residency and was granted a residency in Nov 2006 valid until Nov 2011

She worked until Nov 2010 when she went on maternity leave.

In Late 2010 I requested my EEA3 Permanent residency permit/confirmation and that was granted in early January 2011 which actually turned out pretty good since my daughter was born in late January and I only needed to send my passport and residency card to her British passport.

My daughter at this point holds a British passport.

In January 2012, we visited family in America and we came back, my daughter and I entered no problem and my wife was given 6 months to sort herself out.

In April 2012 we sent for my wife's EEA4 residency permit and that was returned in Late June 2012 saying there was not enough evidence that she she had been here for the last 5 years, even though she's been here since 2006 and had already held an EEA2 permit.

Since we didn't have the supporting information readily avaialbe in July 2012 (they asked for gp letters, well, anything that would support that she was living here in the past 5 years), we sent for another EEA2 application since the requirements for that is less strict (my passport, PR, letter from employer and maybe some paysplips). July 2012 should have been plenty of time for the application to be processed until the end of october.

In mid august we got another letter back saying that her permanent residency application didn't have enough supporting information. this was puzzling since the information we sent was for a temporary residency EEA2.

That same day, mid august, we sent a letter explaining that we have made an EEA2 application and made a fresh one. By this time we doubted there would have been enough time before her trip at the end October but we could get the process started and request the passports back a couple of weeks before the trip.

We received the passports today (we requested last week, special delivery).

Now there is a letter explaining she needs to get a family permit to come back. can anyone confirm that?

Can she just provide the information that the replier from my original thread specified to get back and wait until her EEA2 permit is issued (its still in process).

She will be visiting Family with our Daughter for 6 weeks and wont be back until beginning of December. There is always a chance that her residency card will be ready by then and i can overnight it to her in Brazil.

Will it make any different if she's travelling with our British daughter?

Obviously there is a due process in all the and we've tried to follow everything as we should but obviously its up to the officer on duty to say Yay or Nay and I hate to depend on people's mood when making plans like this.

Any comments are much appreciated.

thanks



TL;DR: What documents/options (apart form a family permit) does my wife need/have to reenter the UK if she's already been living here permanently since 2006 but doesn't have a current residency card/ permanent residency card?

[Lucapooka]

My original topic is here:
http://www.immigrationboards.com/viewtopic.php?p=691094
So here's the update on the situation:

So, for those that might be interested to read your story, why didn't you continue in that thread?

[ojconcentrate]

In that thread, I was invited to post in the EEA specific forums... would it be easier if i close this thread and post the information on the original thread and ask a mod to move it?

[ojconcentrate]

Hi All,

While it was nice to share my story and it may be useful for others in the future, I think all the information that i need is contained in this post:

http://www.immigrationboards.com/viewtopic.php?t=114867

Particularly the type of entry stamp my Wife should be looking for and the information about there the UKBA officer should refer to when making his/her decision.

I guess i'll have my wife provide the following:

Her passport, obviously.
Her previous passport which shows her previous, expired EEA2 card.

A copy of my passport
A Copy of my PR card
Certificate of Application Letter showing that she can work.
Original Translated Marriage Certificate.

A copy of our Joint Mortgage that was taken in 2010
A copy of our Joint Mortgage that was renewed in 2012
Bank statements from our Join Bank account

I assume this would fall into the "produces satisfactory evidence on arrival" section of the UKBA manual.

[Jambo]

Her passport + Certificate of Application would be enough to get her into the country. She should carry the other documents in her hand luggage just in case but I don't think she will need them.

See Applied for residence card, new EEA permit meanwhile
and EEA2 - still waiting and need to travel.

[Directive/2004/38/EC]

Another letter came saying that she needed to apply for an EEA Family Permit before she comes back. This is obviously a hassle since Brazil is a big country and she needs to take a 3 hours flight to get to the closest Embassy/Consulate and she's travelling with our 20 month old Daughter.

What exactly did the letter say?

[Mr. Ali]

Hello All

I have signed a petition against the delays of EEA2 applications. Please sign this petition by clicking the link below and ask all your friends and family member whoever been a victim of the system.

http://epetitions.direct.gov.uk/petitions/40133


Appreciate your time and effort

Thanks

[Directive/2004/38/EC]

I have signed a petition against the delays of EEA2 applications. Please sign this petition by clicking the link below and ask all your friends and family member whoever been a victim of the system.

http://epetitions.direct.gov.uk/petitions/40133

Second time!

Please do not do this again!

[Englandd]

no. it is third time