EEA2 - Surinder Singh Route

[Laura721]

Hey peeps,

A quick update my end and a question:

We got our family permit from Madrid (we were living there, I am British and was working there). My husbands non EU. He spent time in prison in Greece a few years ago (please read other relevant posts for more info if you wish).

6 months is up soon and we've just got his provisional license back and done our various travelling plans, so ready to apply for EEA2.

My question is, do I need to show proof of working in Madrid, as I did for family permit application, or proof of work here, or both to be on the safe side!

I'm in full time employment and my husband is a self employed painter/decorator. I know his employment status is irrelevant for this application.

In the meantime I thought I'd give you an update on some of the issues we have encountered on our travels together around Europe:

- no trouble leaving Spain 5 and a half months ago, he entered illegally so I was concerned but we had our rights printed out just in case.

- border staff asked us a fair few questions (this was first time entering with family permit, they then stamped permit) and we had to fill out landing card.

- husband went alone to Madrid to see a cousin, they asked him nothing.

- husband returned at gatwick alone, they asked nothing!

- went to Southern Spain but to Portuguese airport, they asked my husband too many questions there (he is Albanian, they have visa free travel in Schengen countries) and were rude.

- came back to stansted, questioned various things again and stamped passport, had to fill out landing card again.

- went to Albania to visit family. Upon leaving they questioned us and my husband various things about our marriage, complete joke.

- came back to Gatwick, the man at border control asked me why we had this visa if I was British and that they had issued us with WRONG visa. I had to tell him the rules, it was so pathetic. He said we didn't have to fill landing card and shouldn't next time (that didn't happen other times).

Interesting the variation in the different times we've been at airport.

Thought it would be useful, please can someone let us know about EEA2 things above.

Thanks!

[Jambo]

Check the EEA2 application form. It has a special section for Surinder Singh applications. Your activities in the UK are irrelevant. It's your activities in Spain that matter. You will need to prove (again) you have exercised treaty right in Spain (and again in 5 years time when he applies for PR Confirmation).

No landing card should be filled in if you have EEA Family Permit. They are allowed to stamp the passport. Once he has a Residence Card, no stamping of passport is allowed.

[Laura721]

Thank you, will I need payslips and contract things translated into English? I didn't last time but obviously then the application was dealt with in Madrid.

I could still get a letter from my employer stating when I worked there, in English but not sure it's enough?

[Jambo]

You should translate documents which are not in English (you can do it yourself. There is no requirement for it to be an expensive professional one).

If the contract is long, I would not translate it. Just the payslips. I'm sure the HO should be able to read Spanish. You can attach a cover letter stating the same documents have been validated by the consulate in Madrid already.

[Laura721]

Many thanks for the quick and helpful reply as always Jambo!

[Obie]

You should translate documents which are not in English (you can do it yourself. There is no requirement for it to be an expensive professional one).

If the contract is long, I would not translate it. Just the payslips. I'm sure the HO should be able to read Spanish. You can attach a cover letter stating the same documents have been validated by the consulate in Madrid already.

I am not sure if an applicant can translate a document themselves. It has to be done by an independent body i think.

It will make sense to quote the fact that the British High Commission in Madrid were satisfied with it. However there is no certainty it was validated or authenticated by them. It will make things easier and more time effecient if you try and get it translated by a recognised UK body.

[Laura721]

So as this is going to be costly would you suggest translating 6 months of my payslips from Madrid (the most recent ones before we left) and providing also a letter from my old employer in English.

I'd quite like to avoid translating the old contract I had due to money I'd need to spend.

[Laura721]

Why can't I do the translation myself if it specifically says in the guidance notes??

"Any documents which are not in English must be accompanied by a reliable English translation"

[EUsmileWEallsmile]

Just to clarify, a landing card is never required for those benefiting from directive 2004/38/EC.

[jrge]

Hi Laura, it's nice to see things are going well for y'all,

Why can't I do the translation myself if it specifically says in the guidance notes??

"Any documents which are not in English must be accompanied by a reliable English translation"

For as long as the translation is accurate and easy to understand, you shouldn't have any problems at all. I would not entertain the option to pay someone to do that, especially when you are good at it.

I translated a few documents for a couple of friends - Spanish to English- , and they didn't have any problems.

[Directive/2004/38/EC]

Your husband already has an EEA Family Permit. That would only happen because you are British and have been exercising your treaty rights in Spain. And that is written and documented already in his file.

Submit a copy of what you submitted already for the FP. Nothing else is required. Explain in a cover letter that you are submitting the same material and that this is an application on the basis of Regulation 9.

Simple and done.

If he is interested, he can request his file for 10 pounds from http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

[Laura721]

My husband is awaiting his 5 year residence card. Is it correct that should myself and my non EU husband visit Greece, any previous ban is automatically lifted as he is now a family member of an EU citizen and has a right of entry? He is albanian so does not need a tourist visa.

We want to go to Greece to see his brother, but I am really concerned about arriving there and them telling my husband he cannot enter and getting into trouble. His ban was due to the sentence he served there, he was released in 2008.

Any ideas?