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Applying for EEA2 inside the UK

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Tyro
Junior Member
Posts: 86
Joined: Mon Nov 19, 2007 7:52 pm

Does EU law differ for the national of same EU state.

Post by Tyro » Fri Feb 20, 2009 4:25 pm

Does EU law differ for the national of same EU state.

As according to EU directive,

EU national family member has to show three things to get first three months,

valid passport
valid passport of Eu national
proof of marriage

pls advise
thanks

Ben
Diamond Member
Posts: 2685
Joined: Thu Jul 05, 2007 4:33 pm
Location: Elsewhere
Contact:

Post by Ben » Fri Feb 20, 2009 6:29 pm

Surinder Singh condition applies.

As you do not current hold a Residence Card as the family member of an EEA national, Cyprus needs to issue a FOC visa, by way of an accelerated process.

Since Cyprus are apparently unaware of the provisions of EU Directive 2004/38/EC, and relevant case law, I suggest you contact Solvit for their assistance and intervention.

datuchi
BANNED
Posts: 225
Joined: Fri Feb 20, 2009 12:42 pm
Location: NW London

listen to me

Post by datuchi » Thu Feb 26, 2009 1:53 am

Gabriella2305 wrote:Thank you for both your help, sorry i had to get you to re-clarify things. I just want to be extra sure about the whole thing.
I think il get the registration certificate anyway because there is no harm in having that-it can only benefit me.

quickly to remind you your steps:
1) Apply for a Certificate of Approval from the Home Office, otherwise you cannot get married in the UK, it costs around 300 quid or smth. and takes a month to get. To get the COA you need to have been initially granted a visa for longer than 6 months (which you have been) and where there is still more than 3 months left on it to run (which there is till Dec 09)

2) Make sure you BOTH live at the same address, as you'll need to give notice of indended marriage to the Registrar and wait 15 days before getting married. It's important you both live at the same address!!!

3) When you get married, you AUTOMATICALLY have the right to be wherever your husband is in Europe. If he's here as a worker, even better.

4) the EU Family PERMIT is the initial stage, is valid for 6 months and would eventually have to lead to the Residence Card which is valid for 5 years. You are lucky you are already here in the UK, as the Family Permit is just like an entry clearance if you, for instance, married in S.Africa and wanted to JOIN your husband here, so don't worry about that. You cannot apply for FP here or for a RC in S.Africa- they are MUTUALLY EXCLUSIVE!!!

5) As it takes donkey's years after application to get the RC and you are imprisoned in the country, be wise enough to first apply for the RC by sending all the docs and get in the queue. After that you can clearly request your passport back for 'urgent' travelling and when you go back to S.Africa, you still can come back to the UK on your current Student Visa! Moreove, as a wife of an EU national it is your right and not the UK's choice whether to let you back in and the RC is just CONFIRMATION of you right!!! So, nothing to worry about, make sure you apply first, before travelling, as you don't want to lose time. Once you're back, simply send the docs to the HO and that's it. Nothing to worry about.

6) before you apply, make sure you make COPIES of EVERYTHING, EVERY SINGLE PAPER!!! you send them, so you have proof of what they MIGHT lose! :D

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