eea 2 surinder singh please share your experience

[euroguys]

Our Acknowledgment of app was dated just before xmas and the money went from the account just after

[Humanity]

Our Acknowledgment of app was dated just before xmas and the money went from the account just after

I will be on the look out for the COA, thanks.

[Charlie & Nat]

Hi Euroguys, tudo bom com voces? I'd like to speak with you one of these days, as my first language is Portuguese also. Cheers...

[chaoclive]

Hi guys

I want to ask a question for a friend.

He is Irish; his wife is Chinese. The Chinese wife will visit him in Ireland on a normal tourist visa (NOT a spouse visa) and they will travel around Ireland first. Later, before the Irish tourist visa expires, the Irish national wants to take his wife across the border to Northern Ireland (UK) so that he can find a job and then apply for a residence card for his wife. The Chinese national won't have any form of UK visa (i.e. no EEA family permit, no tourist visa etc.)

Does anyone have experience of this? I.e. complete lack of visa via Ireland into Northern Ireland and then applying for a residence card.

Would they face any issues?

Cheers
CC

PS: This is not for me. I am a dual British/Irish citizen with a same-sex Chinese civil partner.

[sierra]

hi
going from REUBLIC OF IRELAND to NORTHERN IRELAND is not going to be a problem as I suggest that they should have their marriage certificate and passport with them just uncase if there are any checks usually there are not .
and in theory it should be ok to apply for residence card as there is no legal requirement to have a valid visa or valid entry to apply for residence card under eu law.
but in practice how it works may be if someone else has done it can share their experience we recently used the same route also but still waiting .
if eu citizen is exercising treaty rights in uk than in my opinion it should be ok for wife to apply for residence card .as after metock case there is no legal requirement for eu family members .

[chaoclive]

I've heard that this would work too, but haven't seen any examples in practice (especially for visa-required nationals, for example, in the case I mention above, Chinese nationals)

Any experience out there?

[askmeplz82]

Hi guys

I want to ask a question for a friend.

He is Irish; his wife is Chinese. The Chinese wife will visit him in Ireland on a normal tourist visa (NOT a spouse visa) and they will travel around Ireland first. Later, before the Irish tourist visa expires, the Irish national wants to take his wife across the border to Northern Ireland (UK) so that he can find a job and then apply for a residence card for his wife. The Chinese national won't have any form of UK visa (i.e. no EEA family permit, no tourist visa etc.)

Does anyone have experience of this? I.e. complete lack of visa via Ireland into Northern Ireland and then applying for a residence card.

Would they face any issues?

Cheers
CC

PS: This is not for me. I am a dual British/Irish citizen with a same-sex Chinese civil partner.

it will be ok but like other EEA2 applicant ( who don't have valid leave to remain in the UK ) home office will scrutinise application and find silly reason to refuse .

[chaoclive]

I guess they will try to make it as hard as possible for his wife to get a UK RC.

It might be better for them to change their plans. Pity..

[dalebutt]

Hi guys

I want to ask a question for a friend.

He is Irish; his wife is Chinese. The Chinese wife will visit him in Ireland on a normal tourist visa (NOT a spouse visa) and they will travel around Ireland first. Later, before the Irish tourist visa expires, the Irish national wants to take his wife across the border to Northern Ireland (UK) so that he can find a job and then apply for a residence card for his wife. The Chinese national won't have any form of UK visa (i.e. no EEA family permit, no tourist visa etc.)

Does anyone have experience of this? I.e. complete lack of visa via Ireland into Northern Ireland and then applying for a residence card.

Would they face any issues?

Cheers
CC

PS: This is not for me. I am a dual British/Irish citizen with a same-sex Chinese civil partner.

it will be ok but like other EEA2 applicant ( who don't have valid leave to remain in the UK ) home office will scrutinise application and find silly reason to refuse .

This is wrong, it would be best if you provided a data supporting your claim, from my experience, majority of the EEA2 applicants do not have leave to remain before applying for EEA2, if EU national is exercising rights, and evidence is provided, why would they be refused? UKBA are aware of this and would not refuse an application on that Basis, UKBA Implemented MRAX, member states cannot refuse to grant residence permit on the sole reason of not having legal residence.

Unlike domestic applications, you do not see it on the EEA2 form asking how the applicant has entered the UK? On other applications under the immigration rules, the last time I checked, it asked applicant to demonstrate how they have entered the United Kingdom.

[sierra]

hi
while eea2 is under process and if we want to register marriage in UK how it could be done .as passport is send to home office and what would be status of non eu spouse while application is under process I mean is there any special visa needed to get married in uk or acknowledgement letter from home office and picture id which could be Italian identity card of non eu citizen will be enough to get marriage registered .
we already made request to send documents back to home office . please not the marriage we already have is nikkah .

[euroguys]

Have updated my sig CoA arrived 07 Jan with right to work

[sierra]

congratulations euroguys .our application received on 31 December 2013 and we just received standard acknowledgement letter still waiting for coa .and made request to returned documents on 11 jan 2014 still nothing . getting a bit worried nothing is happening in our n case so far .could it be not having valid leave to remain in uk that's why they taking more time or in some cases they take more time another thing we could not send the translation so far as well of some of the documents which will be sent tomorrow. we are mainly looking for passport returns as we don't have any proof of id .

[Gobaith]

Hi all,

Me, my wife and son recently did the Surinder Singh route in France, returning back to the UK on a Family Permit last month (They both had a Family Permit).

My wife is Brazilian and my son has a Brazilian passport (he was born there) but is eligible for a British passport because of me.

We are about to apply for my wife's EEA 2 (Residency card) and was wondering If we need to apply for an EEA2 for my son as well or can we directly apply for his British Passport? British law allows dual citizenship so he is allowed to hold a Brazilian passport and an UK passport at the same time according to what I've read.

Secondly, can my wife apply for her National Insurance number before applying for her EEA 2? or can she only do that after she has applied for her EEA 2?

Thanks in advance!

[sierra]

hi here is our update today I received COA with right to work. applied eea2 on 30th dec . and acknowldgement received on 7th dated 2 jan.
now as coa came with right to work how to apply for NATIONAL INSURANCE NUMBER or shall have to wait until RC ARRIVES.



And Gobaith »
if your son is eligible to apply for British citizenship
it would be better to go for that .and if you want to apply his RC until his citizenship comes you can do that as well . but in my opinion if your son is entitle for citizenship apply for citizenship .

[euroguys]

You can get the number for Nino at jobcenter took us an identity proof appointment at DWP about two weeks to get it.

We have now received our passports they were requested with the origional application but also made an online request last week so not sure which was the trigger but 30 days or 7 days not bad also got our marriage cert and birth cert back

[Humanity]

Got the COA today dated the 9th ( Cheeky sods) with right to work. My mother on the other hand just got the COA with no explicit statement of right to work but nothing barring her if she chose to in terms of human desperation to survive. Man made is a law joke.

[sarahpoole]

Hi Im back to seek help again.
My husband was given certificate of application with the right to work.
This morning to my horror, immigration officers turned up at my house.
The questioned my husband and said that he had breeched his deportation order. That he did not have the right to enter into the UK whilst having a deportation order and that he should of applied for entry clearance before entering the UK. The also said we should of seen a immigration officer at the border(there was non there).
My husband has now been taken to a detainee centre.
As I believed he did not need to revoke the deportation order before application was made.

With me previous comment about getting a immigration lawyer, should I now do so?

Any advice greatly appreciated and we will apply for bail as soon as possible.

[sierra]

hi sarah please try to get a a good solicitor who has knowledge of eu law and about deportation orders . as your husband is in detention so better to use a solicitor . some senior members who knows about deportations orders might help too . what was the reason for your husbands deportation. as ukba can say he is threat to public and refuse the residence card under eu law. How long h is ban to enter uk .what are his conditions with deportation did he get ban to enter uk for any specified period etc.?
is he got residence card of any other eu country .
as I also have Italian issued residence card for family member .and in worst case scenario he can go back to eu country where you exercised treaty rights and can reapply from there .please update the situation

[toofan]

Hi Im back to seek help again.
My husband was given certificate of application with the right to work.
This morning to my horror, immigration officers turned up at my house.
The questioned my husband and said that he had breeched his deportation order. That he did not have the right to enter into the UK whilst having a deportation order and that he should of applied for entry clearance before entering the UK. The also said we should of seen a immigration officer at the border(there was non there).
My husband has now been taken to a detainee centre.
As I believed he did not need to revoke the deportation order before application was made.

With me previous comment about getting a immigration lawyer, should I now do so?

Any advice greatly appreciated and we will apply for bail as soon as possible.

hi Sarah any updates what's the situation is your husband released and if yes under what conditions , did ukba accept your claim as retrurning british citizen under singh route or they are refusing that too?

[sarahpoole]

Hi sorry for no reply
The home office refused our application but didn't send us a refusal.
They then detained my husband because of a outstanding deportation order making his removal imminent.
We then after pestering for 4 days and they insisting they sent it, received a copy of it via fax.
The home office then decided to acknowledge that we didn't receive it after all.

He is still being unlawfully detained in Portsmouth. We have had the decision appealed and hope to hear news of them releasing him.

Very distressed and worried, but trying to remain positive.

[toofan]

WHAT WAS THE REASON TO REFUSE THE APPLICATION did they find any thing about your exercising treaty rights in another member state, did they mention any thing that they are not satisfied you have exercised treaty rights etc and why they did not refuse in writing .
and what steps your solicitor Is taking about bail and removal of deportation order .

[sarahpoole]

They claimed they sent the refusal at first, but he hadn't appealed or left the UK, so they came to the house and took him away.
When we received the fax of the refusal there was a few spelling mistakes so I don't know if that contributed to the problem of us not receiving it. They then 4 days later acknowledged we never received it, whether it was sent or not I don't know.

They refused it based on the crime he committed of public policy.
And they refused it because they think he is in the UK without me. There seem to somehow think he came here alone, breaching his deportation order which is a crime in itself. But that wasn't the case I am here in the UK with him.

So far we are not applying for bail, a letter has been sent to ask them to let him out as they are holding him unlawfully. Etc

We will wait for appeal date and try and fight it, then if all fails we will arrange to go back to Ireland and just try and make the best of life there.

We will wait and see their response and if necessary apply for bail.

keeping my fingers crossed now, its my sons and my birthday tomorrow and it is yet another year we are not all together again. So they kind of messed up our party plans as well as emotionally depressing me.

[toofan]

sorry to hear that .please keep updating and hope you have a good news soon
as we all want to hear a happy ending story where family is united .