Has EEA FP changed???

[Lisamra]

I am sure I will do again before long haha, I know what I am like.
Thanks again to everyone for your time.

[ukforever]

Would it be a possibility to get the A1 card on our September trip and then to get another for the October when we plan to stay?

the code 1A is not a card,its a stamp which they put on your passport at the port of admission when u seek admission on the spot without a family permit (on the non-eea citizen's passport)

[Lisamra]

Hi folks... Me again I'm afraid.
I thought I would give you the info that I received from speaking to an immigration officer at East Midlands airport in the UK.


I am confused as initially My husband and I were going to go to the UK and obtain the code 1a at the boarder as it would have saved the Madrid trip to the British embassy to get the EEA family permit, we were told that this worked in exactly the same way.
Anyhow, after speaking to the chief immigration officer at East Midlands airport (I called to get some answers) and he said that the code 1a is no longer an option.. And we will have to go to Madrid after all.

Can I ask that as long as you have your marriage certificate, my last 3 months pays slips and proof that we are living together is enough or did you bring extra paperwork, documents etc?

Also, how long was it that you had to wait to get the EEA and has anyone been refused and what were the reasons?

We are booked to go to the UK for 6 days in September and ideally looking to move around mid to end of October so.... Here's hoping all is straight forward.

The last thing which confused me the most is the chief immigration officer said that if we get the EEA family permit we can then stay in the UK for as long as we want, indefinitely.
I thought that we had to apply for the EEA2 as soon as we got to the UK and I said this to him and he had not even heard of the eea2 and he is the chief immigration officer.

Can someone please clarify exactly what is right and wrong and how successful the EEA Fp and the eea2 are.

Many thanks and sorry if I have confused you all as well.

Lisa.

[Jambo]

Hi folks... Me again I'm afraid.
I thought I would give you the info that I received from speaking to an immigration officer at East Midlands airport in the UK.


I am confused as initially My husband and I were going to go to the UK and obtain the code 1a at the boarder as it would have saved the Madrid trip to the British embassy to get the EEA family permit, we were told that this worked in exactly the same way.
Anyhow, after speaking to the chief immigration officer at East Midlands airport (I called to get some answers) and he said that the code 1a is no longer an option.. And we will have to go to Madrid after all.

Can I ask that as long as you have your marriage certificate, my last 3 months pays slips and proof that we are living together is enough or did you bring extra paperwork, documents etc?

Also, how long was it that you had to wait to get the EEA and has anyone been refused and what were the reasons?

We are booked to go to the UK for 6 days in September and ideally looking to move around mid to end of October so.... Here's hoping all is straight forward.

The last thing which confused me the most is the chief immigration officer said that if we get the EEA family permit we can then stay in the UK for as long as we want, indefinitely.
I thought that we had to apply for the EEA2 as soon as we got to the UK and I said this to him and he had not even heard of the eea2 and he is the chief immigration officer.

Can someone please clarify exactly what is right and wrong and how successful the EEA Fp and the eea2 are.

Many thanks and sorry if I have confused you all as well.

Lisa.

I'm surprised the CIO said that Code 1A is not an option any more. First time I hear this. Was he aware of Surinder Singh route and you using the EEA route to return to the UK?

As you only travel for 6 days in September, you can always have entry as tourist as a fallback plan if they refuse to issue a code 1A. I believe that as long as you insist on that, they will not have a choice.

The CIO was right that EEA2 is not mandatory although it is advisable to ease life in the UK (finding employment, travelling). EEA2 is the name of the application form. The CIO is probably more familiar with the name of the document itself - "Residence Card".

If you go for EEA FP, I suggest you provide evidence of 6 months and not 3 (the more the better). It should not take more than 2-3 weeks. Reasons for refusal vary. Some of them are unlawful.

[Lisamra]

Hi Jambo.
I did not mention the Surinder singh and it but I did mention the EEA family permit to him and he said that would be our best option as it is the most quickest and straight forward way.

We will be going as visitors this time as we will not have the EEA fp by that point as we do not plan to move until October so silly to do it before the end of September.
Perhaps that is why he was not familiar with me saying the eea2 as I did not use the term residents card at all.

So I kind of feel like I am back to square one really but hey oh, we will get the.

[Jambo]

I would still suggest you try getting Code 1A in September but I understand if you have some reservations following the talk with the CIO.

[Lisamra]

Yes, I kind of do have reservations now for the simple reason that he told me directly that the code 1a has now been abolished due to it being abused.
I would feel awful to try for the code 1a as if the il on duty is confused by something it will be the CIO that I spoke to who comes out and I would feel terrible as he explained it to me on the phone that it is no longer in action.... Maybe he was just trying to put me off the idea. Who knows.

[Jambo]

Fair enough.

You may want to contact the European Cases Policy Team in UKBA to find out if there was a change in policy and to get their view if Code 1A as a Surinder Singh is still an option (although might not be the preferred option by the UKBA).

Their email address is EuropeanOperational@homeoffice.gsi.gov.uk
Make sure you construct your query as a general policy one as they can't comment on individual cases. Also make sure the situation is explained clearly and the questions asked are to the point. Generic questions would get generic answers.

[Lisamra]

Thank you Jambo.

Fair enough.

You may want to contact the European Cases Policy Team in UKBA to find out if there was a change in policy and to get their view if Code 1A as a Surinder Singh is still an option (although might not be the preferred option by the UKBA).

Their email address is EuropeanOperational@homeoffice.gsi.gov.uk
Make sure you construct your query as a general policy one as they can't comment on individual cases. Also make sure the situation is explained clearly and the questions asked are to the point. Generic questions would get generic answers.

[Directive/2004/38/EC]

Code 1A is what the UK call their stamp.

You would be entering on the basis of MRAX. See http://eumovement.wordpress.com/2010/08 ... to-travel/
You would qualify to be considered European because of Singh

[EUsmileWEallsmile]

@OP, why do you feel you require a code 1?

Your husband, being a non-visa national could enter the UK as a visitor. If he subsequently were to decide to stay on in the UK with you; he could apply for a residence card directly in the UK. No requirement for a special trip to Madrid.

The key point is that you are a British national who worked in another member state and that your family member lived with you.

[Jambo]

Yes, I kind of do have reservations now for the simple reason that he told me directly that the code 1a has now been abolished due to it being abused.
I would feel awful to try for the code 1a as if the il on duty is confused by something it will be the CIO that I spoke to who comes out and I would feel terrible as he explained it to me on the phone that it is no longer in action.... Maybe he was just trying to put me off the idea. Who knows.

Just spoke to someone who got Code 1A last week in Heathrow so I suspect it was not abolished.

[Lisamra]

Well I say, that is interesting.
Gosh, why would the CIO say that to me... Could it be at certain airports?

[Directive/2004/38/EC]

Well I say, that is interesting.
Gosh, why would the CIO say that to me... Could it be at certain airports?

To discourage you? Because they were not aware of the their internal UKBA procedures?

[Lisamra]

I would love to try but would hate the thought of it not working out then having to come face to face with the CIO who was so kind to me on the phone.
I would feel embarrassed if this were to happen.

However, as we have our flight booked to the UK already and will be going in September for the 6 days, it might be worth a shot to ask... Silly question but how would you ask for this at the boarder, what would be the correct way?
We would not book Madrid until we got back from the UK anyway so maybe it is worth a shot.
Lets see how confident we feel on the day haha.

[EUsmileWEallsmile]

We would not book Madrid until we got back from the UK...

Maybe you've missed some posts made? If in the UK residence card can be applied for directly. No need for code 1, no need for trips to Madrid.

[Lisamra]

Yes, I did miss that post.

So, once we move to the UK we can apply for a residents card, is that right?
Is that the same as the eea2 and don't you need the EEA fp or the code 1a to be able to do this?

Where and how would we apply for this and how long would it take to come through?

We will have enough money saved to pay rent on a house and keep us going for approximately 4 months.

I will be earning before then and Elio will potentially too, depending on when he is allowed too. We will both be going self employed ASAP. I have spoken to the inland revenue already haha.

So sorry if I sound dappy lol.

[Jambo]

Yes, I did miss that post.

So, once we move to the UK we can apply for a residents card, is that right?

Yes.

Is that the same as the eea2 and don't you need the EEA fp or the code 1a to be able to do this?

EEA2 is the name of the application form for Residence Card (the "visa" name). You don't need to have EEA FP or Code 1A before to apply.

Where and how would we apply for this and how long would it take to come through?

You send form EEA2 with all the evidence from Spain. It can take up to 6 months to get it.

We will have enough money saved to pay rent on a house and keep us going for approximately 4 months.

I will be earning before then and Elio will potentially too, depending on when he is allowed too. We will both be going self employed ASAP. I have spoken to the inland revenue already haha.

The advantage of Code 1A (or EEA FP) is that it serves as proof of right of employment from day 1. If your partner apply for Residence Card, he should get an acknowledgement of his application (COA - Certificate of Application) which confirms his application and confirms his right to work. This normally takes a few weeks to receive. All in all, if he plans to be self-employed, he doesn't really need proof to show to an employer.

Code 1A should be possible to get in the airport. Or enter as a tourist and apply for Residence Card using form EEA2. I would avoid travelling to Madrid just to apply for a EEA FP.

[Lisamra]

Oh thank you Jambo.
This is reassuring to hear.

Goodness, I've been knocked from pillar to post with this being told so many different things.

One more thing.
Will Elio be able to apply for a national insurance number before the residence card comes through or do we need to wait?

[Jambo]

I believe that with the CoA he can apply for NI number.

[Lisamra]

Do all applications get a letter of COA after a few weeks? And it is definitely possibly for him to work with that?
Can he also register as self employed and obtain a national insurance number in that time too or does that all happen once he receives his resident card back?

Thank you
Lisa.

That could be 3/6 months.

@OP, why do you feel you require a code 1?

Your husband, being a non-visa national could enter the UK as a visitor. If he subsequently were to decide to stay on in the UK with you; he could apply for a residence card directly in the UK. No requirement for a special trip to Madrid.

The key point is that you are a British national who worked in another member state and that your family member lived with you.

[EUsmileWEallsmile]

A certificate of application is required to be issued immediately. In practice, it can take a couple of weeks. The COA usually states that the holder can work.

[Lisamra]

Hi there.... me again.

Well, I am in a panic again, this whole thing sucks.

Anyway, my husband and I are in the UK as planned to find the house... which we have done and have put the deposit down to rent it from the 29th of September and then paying 6 months upfront. as that is when we will be moving then, one way flight already booked.

We were about to start filling out the eea2 form and I called to just clarify who actually fills out the form, myself or my husband.
The woman I spoke to was very abrupt with me and asked if Elio has the eea family permit which he does not as we were told we do not need this to apply for the eea2. So when she said that, as you can imagine I was very panicked.

Then I called up the immigration officer to ask his advice at east midlands airport... the one we will be coming into when we return on the 29th of sept and he said that he could only stamp Elios visa for the 6 months if we have proof of an application for either the eea family permit or another application for residency going through.....

What the heck can we do? I feel so lost with this.
Both my parents are unwell and we just want to be here for them, I can provide doctors letters etc but will this help... who knows.

Anyway.... questions are...

Can you definitely do the EEA2 from the UK WITHOUT having the EEA family permit first???

And is there some official evidence of this that I can print out to bring with me on the 29th when we return to the uk.

And lastly... when I asked again about the code 1A the immigration officer again told me that this is no longer issued.

If the code 1A is still in place can someone please again send me a link or something that I can print off to show this as I cant understand why he would say no if it is still in play???

Please help me as I am so boggled and are we crazy to have secured a house to move into on the 29th???

Many thanks for any suggestions.

Lisa.

[Directive/2004/38/EC]

MRAX is the decision which is very clear: An entry visa is not a prerequisite to applying for a RC for the spouse of an EU citizen.

http://eumovement.wordpress.com/2010/08 ... to-travel/ is about the Code 1A part of MRAX. And the other part of MRAX is about whether a visa is required for the RC. (Answer is: NO!)

[Lisamra]

I am so sorry but I really did not understand much of that. Please could you explain it more simply for me.
So sorry to ask.
Lisa.