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We are now in UK with non-EEA spouse

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Graham Weifang
Member
Posts: 239
Joined: Wed Mar 02, 2011 12:33 pm
Location: Cheshire, UK
Mood:
China

We are now in UK with non-EEA spouse

Post by Graham Weifang » Wed Nov 06, 2013 4:40 pm

Hi all,

After a successful EEA-FP being issued in Paris, we are now in UK.

I the husband, is UK British passport holder.
My wife is Chinese.
We used SS route.

As I see it, and please correct me, the application for residence card, using the UKBA EEA2 form, simply confirms residence.
And as the UKBA state, that this is voluntary.
This costs £55.

I understand that the residence card, would simplify the re-admission of my wife into UK, should we decide to have a foreign holiday.

The EEA-FP is valid for 6 months, so exiting UK and wanting to re-enter could be difficult after this expiry date, which I understand.

But what if we don't exit UK in the next 5 years, no exit, then no need to enter, no need to re-enter, then no need for residence card.

Her has NI number now, which is also further proof she is allowed to work.

Get it, or don't bother?

GW.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Nov 06, 2013 4:47 pm

The FP was merely and entry clearance to use when entering the UK for the first time. She may now, optionally, apply for a residence card that will be valid for five years. It's useful to have this as it readily confirms her immigration status when dealing with Govt entities such as NHS, working permissions etc.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Wed Nov 06, 2013 6:35 pm

NI is not proof she is allowed to work. It's just a number used to identify her when dealing with DWP or HMRC.

euroguys
Member
Posts: 100
Joined: Sun Apr 28, 2013 11:37 am

Post by euroguys » Thu Nov 07, 2013 12:31 pm

My missus got a "6 months" entry clearance at port which is now beyond the time specified

We have not yet applied for EEA2 your entry clearance should clear her for any confirmation on the government helpline employers use with a right to work.Beyond the 6 months as employers are easily confused about european law and the H.O. tries to insist you apply for confirmation by making life difficult otherwise

If that is your intention you should be prepared to provide evidence by other means later of your wifes right to be here.

My agguement is that the entry clearance officer, in your case issuing a FP has already confirmed that right since it would have been issued on the basis of evidence supplied that they already therefor hold.

Graham Weifang
Member
Posts: 239
Joined: Wed Mar 02, 2011 12:33 pm
Location: Cheshire, UK
Mood:
China

Post by Graham Weifang » Sat Nov 09, 2013 8:28 pm

My non-eea wife got her national insurance number within about 10 working days.

Had to send off various copies of her EEA-FP visa, and her passport details page, and her other UK visitor visas.

It looks like we shall be applying for her residence card using the EEA2 application form.

We just don't feel it fair, to pay £55 for it.

GW

euroguys
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Posts: 100
Joined: Sun Apr 28, 2013 11:37 am

Post by euroguys » Sun Nov 10, 2013 1:33 pm

Graham Weifang wrote:My non-eea wife got her national insurance number within about 10 working days.

Had to send off various copies of her EEA-FP visa, and her passport details page, and her other UK visitor visas.

It looks like we shall be applying for her residence card using the EEA2 application form.

We just don't feel it fair, to pay £55 for it.

GW
Thats your choice you could equally well apply for another FP OR GO ON A DAY TRIP TO FRANCE AND SEEK A 1a AT PORT (oops caps lock) for free

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Sun Nov 10, 2013 4:13 pm

Moneywise it doesn't make sense to go abroad for EEA FP or code 1A (unless maybe if you live in Dover). Charging for EEA applications is still questionable but it's quite a good value for 5 years.

scorpio1
Member
Posts: 132
Joined: Fri Nov 11, 2011 9:02 pm

Post by scorpio1 » Sun Nov 10, 2013 8:06 pm

@Graham Weifang
Pleased that all things going smoothly but your concern regarding “We just don't feel it fair, to pay £55 for it..”
Personally, I think question shouldn’t be fair or unfair but legal or illegal.
For HO all policies are fair simply but I raised this fee related question to couple of EU executives in Brussels and unfortunately not good reply though reason is there is some how provision or flexibility to national authority to charge so under EU law.

Graham Weifang
Member
Posts: 239
Joined: Wed Mar 02, 2011 12:33 pm
Location: Cheshire, UK
Mood:
China

Post by Graham Weifang » Sun Nov 10, 2013 9:42 pm

Hi Jambo, and Scorpio,

I guess we will just cough up the £55.

It's not the end of the world, considering.

GW

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