Non - EU Application , HELP & ADVICE

major247 · Post by **major247** » Tue Oct 02, 2012 1:53 pm

Hello All.

I am Non- EU married to a Romanian who is working full time in the UK and has the " Blue Card".

I submitted my application to HO this July. I have had many dramas ever since and issues. please be patient to read through all and ADVISE accordingly :

Firstly, I needed to travel urgently this september and called HO to request for my passport even though I already sent them an email. I understood the request was going to be processed within 5 working days.
I never got the passport because they said the Royail Mail tracking number I gave to them doesnt show my details on the system, after strong persisten they revealed it was my Wife's details. Please is this how it is meant to be?
I had to cancel the travel arrangement since my passport wasnt returned even though i included a pre paid first class delivery envelope in my application.

Secondly. I recently contacted Liverpool call center during the cause of this passport return Issue and they said my application was sent to Sheffield since I was a family member of a Romanian.
I then contacted the sheffield office and they raised this issue that they cant find my name nor any details about me on the system . they asked me what application I have made which I told them.

Question: if they cant find my details does it mean that my documents will be returned to me and I have to make a new application?

I recently found out that I used the wrong form while making this application through a friend. I used a EEA2 form instead of the BR5 form,

What is the chance that this is the reason my wife's name is on my application instead of mine?

Lastly, does Romanian family members recieve COA?

Thanks all

Post by **Directive/2004/38/EC** » Wed Oct 03, 2012 11:23 pm

Your wife is working in the UK and has a blue card.
You submitted your application in July 2012.
So you should get a RC by January 2012.

All family members should receive a COA. It should be "immediately" but UKBA has no concept of what that means.

I am a little unclear if UKBA has ever confirmed to you in any way that they have received your application for a Residence Card. Did they ever say "yes we have your application"?

major247 · Post by **major247** » Wed Oct 10, 2012 9:52 am

Hello.

Sorry for my late reply, The UKBA Liverpool office told me they found my application and they sent it to Sheffield through an email, but all the while I called UKBA over the phone they always told me that they cant find my application that its my wife's name that is on the application not mine.

So this prompted my question, Is this how its suppose to be?

maomao · Post by **maomao** » Wed Oct 10, 2012 2:17 pm

please can you provie me the numbers you called them with . i think you suppose to used BR5 and may be they will inturn send back you app to use the correct form. If you are lucky they will improvise for you. Pleasesend me they number you contacted them with. waiting impatiently . Thanks

major247 · Post by **major247** » Wed Oct 10, 2012 2:32 pm

Thanks for your comment.

I contacted them through the Liverpool call center

0151 672 5626 ( Opt1, then 2)

major247 · Post by **major247** » Mon Oct 15, 2012 11:32 am

I just got this reply from the UKBA after I had asked them why my wife's details appears on the system instead of mine

"This application has not been registered on our casework database yet. As your wife is the sponsor of your application and she is already on our casework database, some notes have been made on her record until your application is registered.

I hope this clarifies the current situation"

Please does anyone know or have an idea how long applications for a BR5 lasts.

Post by **Directive/2004/38/EC** » Mon Oct 15, 2012 11:38 pm

Your wife can request her file, and the notes, by doing a SAR. So can you. http://www.ukba.homeoffice.gov.uk/navig ... onal-data/ Cheap fun for 10 pounds.

major247 · Post by **major247** » Thu Oct 18, 2012 12:32 am

Thanks Directive, We will do that, Pls any idea on the waiting time for BR5 and do we receive COA like EEA2 applicants?

amie1231 · Post by **amie1231** » Tue Dec 25, 2012 10:58 pm

Hi Major I am married to a Romanian as well with Blue Card and your message here has confused me a bit.My solicitor used EEA2 to apply for my Residence card and I got my COA after 3months with right to work from the liverpool office.My Residence card has not been received yet after 6months and this is making me wonder if a wrong form was used ie EEA2 instead of BR5, that is why my application has really passed the 6months mark?

major247 wrote:Thanks Directive, We will do that, Pls any idea on the waiting time for BR5 and do we receive COA like EEA2 applicants?

Post by **Directive/2004/38/EC** » Tue Dec 25, 2012 11:34 pm

UKBA sometimes exceeds the legal maximum of 6 months. You (or your lawyer) needs to right them and request that it be issued immediately. You can also request compensation for the delay.

But an RC (Residence Card) is the right thing to apply for!

amie1231 · Post by **amie1231** » Thu Jan 31, 2013 8:05 pm

Hi Pal,it's been a long time since you posted here.
What was the result finally because I also used EEA2 forms as well instead of BR5 and up till now no RC received yet and I was also told that my case is transfered to shefield after I received my COA with right to work because my wife is Romanian
Kindly give me any update pls.Did they send u a new BR5 form to fill?Did they issue you with RC?Kindly let me know what happened pls cus I am a bit frustrated as well it's been 7 and half months now.

major247 wrote:Hello All.

I am Non- EU married to a Romanian who is working full time in the UK and has the " Blue Card".

I submitted my application to HO this July. I have had many dramas ever since and issues. please be patient to read through all and ADVISE accordingly :

Firstly, I needed to travel urgently this september and called HO to request for my passport even though I already sent them an email. I understood the request was going to be processed within 5 working days.
I never got the passport because they said the Royail Mail tracking number I gave to them doesnt show my details on the system, after strong persisten they revealed it was my Wife's details. Please is this how it is meant to be?
I had to cancel the travel arrangement since my passport wasnt returned even though i included a pre paid first class delivery envelope in my application.

Secondly. I recently contacted Liverpool call center during the cause of this passport return Issue and they said my application was sent to Sheffield since I was a family member of a Romanian.
I then contacted the sheffield office and they raised this issue that they cant find my name nor any details about me on the system . they asked me what application I have made which I told them.

Question: if they cant find my details does it mean that my documents will be returned to me and I have to make a new application?

I recently found out that I used the wrong form while making this application through a friend. I used a EEA2 form instead of the BR5 form,

What is the chance that this is the reason my wife's name is on my application instead of mine?

Lastly, does Romanian family members recieve COA?

Thanks all

major247 · Post by **major247** » Mon May 06, 2013 2:08 am

Sorry For the late reply, I got my RC in Jan after almost 6months..I didnt recieve any COA at all which is strange....

Anyway, I will be travelling to Romania with my Wife tmrw without a Romanian Visa, and will like to know if I need any extra documentation to prove that I am allowed for free entry under the EU Directive.

Thanks guys

major247 · Post by **major247** » Fri May 17, 2013 12:09 am

Hey Guys.

i have gone and came back safely and stress free...didnt have any problem besides that the border control in Romania stamped my passport..

I hope this shouldnt be a big problem for me

Post by **sheraz7** » Fri May 17, 2013 12:14 am

major247 wrote:Hey Guys.

i have gone and came back safely and stress free...didnt have any problem besides that the border control in Romania stamped my passport..

I hope this shouldnt be a big problem for me

How was the airline staff attitude regarding allowing you for boarding while using your rights under directive.

Juss · Post by **Juss** » Fri May 17, 2013 3:06 pm

sheraz7 wrote:
major247 wrote:Hey Guys.

i have gone and came back safely and stress free...didnt have any problem besides that the border control in Romania stamped my passport..

.

Hi mate my question is that you can only travel to Romania or you can go to any EU country with RC bc of Romanian spouse.

thanks

wordman · Post by **wordman** » Wed May 22, 2013 2:14 pm

I love this website, I find it so rich and helpful, thanks to everyone who posts here..
Can anyone advise me please; my wife is a Romanian national, we live in London, we got married just last month at the civil Registry. She is a student in a college in London from last month. Now she has applied for a yellow card using BR1 Form. I am a Non-EEA national. If I apply for leave to remain in the UK using BR5 Form as a Non EEA family to my wife I believe Home Office will give me a Residence Card:
1). Will that Residence Card be valid just for the duration of my wife’s course (9 months) or will it be valid for 5 years?
2). Will the RC give me the right to work? or do I apply for it separately, or is the COA a right to work?
3). How long does Home office take to issue the RC or the right to work to Non-EEA spouse?
Thank you for your responses.

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Non - EU Application , HELP & ADVICE

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Does Residence Permit give right to work