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Filling out the form of EEA2

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Moni
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Posts: 26
Joined: Thu Oct 26, 2006 6:18 pm

Filling out the form of EEA2

Post by Moni » Mon May 21, 2007 10:40 am

Hi

As my husband is still looking for the job and I want to apply for EEA2,I just wanted to know that if he exercises Treaty Right in here as a job seeker or not.

Shall I provide the proof that he is job seeker and sent it to home office?

How long does it take to get my Residence card?

I have one month left to the expiry date of my family permit.What will happen if I don't get my residence card meanwhile regarding overstay(after one month is over)?

If I want to work how I can provide a proof of identity to the employer that I have the right to work while my passport is in homeoffice.

Regards,
Moni

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Mon May 21, 2007 11:18 am

I have one month left to the expiry date of my family permit.What will happen if I don't get my residence card meanwhile regarding overstay(after one month is over)?
You certainly need to submit the EEA2 application before the expiry of your current EEA Family Permit. Do not become an overstayer!
I just wanted to know that if he exercises Treaty Right in here as a job seeker or not.
I would say that he is exercising EU Treaty Rights as a self-sufficient person. Proof should be supplied to show that is the case. Does your husband intend to apply for a Residence Permit in his passport? It is not compulsory for him to do so, but the fact that his EEA1 application and your EEA2 application are sent in together should clarify matters. That is, given that information about him needs to be supplied anyway, you might as well formalise his situation at the same time as you make your application.

Are you already working in the UK?

As regards the ability of you to work while the EEA2 application is being processed, take a photocopy of the name/pic page of your passport, the EEA Family Permit, and the front cover of the passport. These days, after the EEA2 application is received by them, I think BIA issue a letter confirming that you can work while the application is decided.
John

Docterror
Senior Member
Posts: 950
Joined: Tue Dec 26, 2006 10:30 pm
Location: Stoke-on-trent, UK
United Kingdom

Post by Docterror » Mon May 21, 2007 12:02 pm

I am sorry John, but I beg to differ a little.
You certainly need to submit the EEA2 application before the expiry of your current EEA Family Permit. Do not become an overstayer!
I would not suggest that the OP apply for the Residence Card because of the fear of becoming an over-stayer. Family members of an EEA national are not obliged to apply for a Residence Card as seen in the last paragraph of 1.1 of these instructions and 6.3 of these. It should be totally possible to apply for the Residence Card later whenever the OP wants after accumulating clear evidence of the treaty rights being exercised even if the EEA Family Permit is long expired.
Does your husband intend to apply for a Residence Permit in his passport
The Registration Certificate (as the Residence Permit for EEA nationals are currently called) are free standing documents and are not endorsed in the passports as they used to be.
Jabi

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