EEA2 application with tourist visa

[Lyron]

Hello all,

I'm Spanish and my wife is venezuelan.

We just moved to London, but we didn't have the time to ask for a family permit back in our country. We wanted to apply for a 1A code at the airport, but the ukba agent didn't wanted to give us the code. He said that the 1A code does NOT exist, and that we need to enter first to the UK to apply for a residence card (He practically laughed in our face). So, they gave her a tourist visa, valid only for 6 months.

Well, the thing is that now we are in London and as soon as I start a job and have proof of been exercising treaty rights, we are going to apply to a EEA2.

So, we have some questions:

1. Does she needs a different type of visa to apply for a EEA2 residence card?

2. If her tourist visa expires while the EEA2 application is undergoing, does she gains an illegal status?

Cheers and thanks!

[askmeplz82]

No

No

[Jambo]

You may wish to complain to the UKBA as code 1A still exists.

Are you sure it's a tourist visa? Does it say "employment prohibited" on the stamp?

[EUsmileWEallsmile]

As long as you exercise treaty rights (worker, self-sufficient, student), your wife's stay is perfectly legal. I note you have another thread regarding your accommodation. It is best to stick to one thread (appreciating that your questions are different).

The entry you attempted to make was under article 5.4 of directive 2004/38/ec. What does the "tourist" visa say?

[Lyron]

You may wish to complain to the UKBA as code 1A still exists.

Are you sure it's a tourist visa? Does it say "employment prohibited" on the stamp?

Yes, she even got a stamp saying that she is not able to work or to a access public funds... Is it possible too complain to the UKBA? I don't even remember the agent name...

It terribly sucked back there in the airport...

[Lyron]

As long as you exercise treaty rights (worker, self-sufficient, student), your wife's stay is perfectly legal. I note you have another thread regarding your accommodation. It is best to stick to one thread (appreciating that your questions are different).

The entry you attempted to make was under article 5.4 of directive 2004/38/ec. What does the "tourist" visa say?

Well yes, as you say, I changed the question so maybe (I thought) it might be misleading for other pepole looking for info...

It is not technically a visa, as venezuelans do not need a visa for tourism in UK, but is some kind of stamp that says "not able to work and not access to public funds".

Thanks!

[Jambo]

You may wish to complain to the UKBA as code 1A still exists.

Are you sure it's a tourist visa? Does it say "employment prohibited" on the stamp?

Yes, she even got a stamp saying that she is not able to work or to a access public funds... Is it possible too complain to the UKBA? I don't even remember the agent name...

It terribly sucked back there in the airport...

If you provide details of your entry (place, date and time) and the passport number the HO would be able to locate the officer. If people don't complain, they will keep on doing it to other people.

UKBA - Making complaint

As you were told, the answer to both your question is No.