question about EEA1 and 2 forms

simmy13 · Post by **simmy13** » Thu May 10, 2007 1:09 pm

hi, i am new to this forum. i will try to keep this short and sweet. i am an aussie in the uk with my fiance (getting married in ireland next week). he has dual nationalities, british/irish. my visit visa runs out at the end of this month. we are expecting a baby in about 7 weeks. as soon as we are married i will be posting off forms EEA1 and EEA2. page one, question about nationality, should i put in both british/irish, or just irish? he has also been working since he came back in november, so maybe both?also wondering if i should put in a cover letter with forms, explaining that i am pregnant, and that we are returning to oz to live later in year. any help will be greatly appreciated.

Docterror · Post by **Docterror** » Thu May 10, 2007 4:38 pm

If you are using the EEA route your fiance is are only allowed to use the Irish nationality status as British nationals are not eligible for the EEA route unless he has worked in an EU country prior to moving to UK.

Why do you want to send a covering letter with the information that you are pregnant and that you will be leaving soon?

simmy13 · Post by **simmy13** » Thu May 10, 2007 5:13 pm

thanx for reply. when i came here, i was only supposed to stay for 6 weeks, had abit of trouble getting through customs. i dont want them to think i am staying for good. thought a cover letter might help??

Docterror · Post by **Docterror** » Thu May 10, 2007 6:37 pm

Simmy13, Just a couple of questions so that I can sort your route out-

What is your current immigration status.ie- what visa exactly are you on? and where exactly are you physically located now? Are you getting married in Ireland and physically residing in N.Ireland or some other part of UK? Did your beau attain his Irish citizenship or did he have it since birth?

Marco 72 · Post by **Marco 72** » Thu May 10, 2007 7:02 pm

Docterror wrote:What is your current immigration status.ie- what visa exactly are you on? and where exactly are you physically located now? Are you getting married in Ireland and physically residing in N.Ireland or some other part of UK? Did your beau attain his Irish citizenship or did he have it since birth?

Just out of curiosity, why is the last question relevant?

simmy13 · Post by **simmy13** » Thu May 10, 2007 7:13 pm

i am here on a visit visa, yes, getting married in ireland and residing in n/i.,beau has had british citizenship since birth and recently got his irish one too (any one born on the island of ireland is entitled to irish citizenship, as i am sure you know). thanx for replying

Docterror · Post by **Docterror** » Thu May 10, 2007 8:27 pm

Marco72 wrote:Just out of curiosity, why is the last question relevant?

Just covering all bases Marco, in case the Irish citizenship was attained by naturalisation in the last 2 months even though the odds were pretty high that he was born in N.Ireland and is entitled to both the citizenships. In which case I would have adviced for finishing 3 months after attaining the citizenship just to be sure that there is no problem with the exercising treaty right part.

Simmy13, there is no problem at all with you being on a visit visa and not having a Fiance/Marriage Visitor visa when you apply through the EEA route. Just send the marriage certificate, 3 payslips, and proof that you both are living together (eg utility bills/ bank statements to same address)along with the completed EEA1 and EEA2 forms and your passport and your hubby's Irish passport. Absolutely no need to send a covering letter at all.

simmy13 · Post by **simmy13** » Thu May 10, 2007 9:04 pm

thanx for the help docterror. will it matter that my visit visa will be near expired when i send off the paperwork? i read somewhere that the EEA1 and 2 can take up to 6 months to recieve. by then i am hoping to be back in oz. i just dont want to be illegal.

yankeegirl · Post by **yankeegirl** » Thu May 10, 2007 9:10 pm

Hi simmy,

will it matter that my visit visa will be near expired when i send off the paperwork?

Nope that doesn't matter.

After you send off the application you will receive a confirmation letter and can show this to anyone if they have questions while your application is being processed. So, short answer, no you won't be illegal. The residence card is basically just a confirmation that you are the spouse of an EU citizen exercizing treaty rights in the UK.

simmy13 · Post by **simmy13** » Fri May 11, 2007 9:02 am

thanx yankeegirl

Docterror · Post by **Docterror** » Fri May 11, 2007 9:29 am

Well said, yankeegirl! I would also like to point out that in case your want to fly back to down under while the Residence Card is being processed, you can request your passports back without affecting the application.

Infact, once you are married to your Irish huband, you don't even need a visa as you will not be illegal from the very second you come back after getting married as long as he is working. Like pointed out earlier, the Residence Card is just a confirmation that you are not illegal.

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question about EEA1 and 2 forms

question about EEA1 and 2 forms