EEA2 / FM-EFM Discussion thread

[exegete]

For those lurkers who are trawling these forums in search of recent practical guidance for non-EEA applicants, here are a few things I learned during the application process. I applied for a residence card as an extended family member (unmarried partner) of an EEA national having cohabited for many years.

1. The process is slow. The six month timeframe for making a decision, although mandatory, is treated by the Home Office as a service standard. You should not expect your application to be decided any sooner than six months from the date they received your application. You can determine the date of receipt by sending your documents by special delivery and tracking delivery on the Royal Mail website. It's not possible to speak to anyone about the progress of your application until the six month timeframe has expired. (The people who answer calls to the hotline do not have access to personal information and will not initiate a callback to you from a case manager until the six months has expired.)
2. It is possible to have your passport returned to you and to travel outside the UK/EU while your application is being considered. They do not need to retain your passport to determine your application. The residence card itself is a physical biometric card.
3. If you have a family permit that has not expired, travelling is easy. You should use the EU lane when returning to the UK and you don't need to complete an arrival card.
4. If your family permit expires during the application process, and you leave the UK, expect to encounter difficulties upon re-entering the UK when you show your passport (and expired family permit) to the border official. A certificate of application with work rights is not enough to be waved through. You need to complete an arrival card. You may be detained for 20-30 minutes while the records pertaining to your application are reviewed. You may be asked to explain why your travel was "urgent" or otherwise involved exceptional circumstances. It is not a pleasant experience, and for EFMs, admission is ultimately discretionary. If you have the time and the money to do so, the easiest way to avoid these difficulties is to apply for (another) family permit while you are outside the UK, and pay for priority service (generally about five working days).
5. Some border officials do not know the current policy and practice of the Home Office. For example, on two occasions, I was told by different border officials that the return of my passport to me by the Home Office meant that my application had probably been cancelled. They had no knowledge of (or any interest in learning about) the return of documents procedure. On a third occasion, I was told that the processing of my application had been suspended upon my passport being returned to me, and that I needed to re-submit my passport to the Home Office before my application could be determined. All of that advice was wrong. I didn't need to do anything.

Obviously none of the above takes into account your personal circumstances or the merits of your own application. YMMV. Good luck.

[epltao]

As in November, 2016, you can see my timeline:

EEA EFM - Unmarried partner
EFM Application sent: 01/11/2016
Application received: 02/11/2016
Fee deducted: 04/11/2016
Passport requested: 09/11/2016
Biometric letter: 17/11/2016 (dated 14/11/2016)
Biometric enrollment: 17/11/2016
COA: 22/11/2016 (dated 20/11/2016)
Passport back: waiting
RC: waiting

[da_tnt]

EFM Application sent: 09/11/2016
Application received: 10/11/2016
Fee deducted: Not yet
Passport requested: 09/11/2016
Biometric letter:
Biometric enrollment:
COA:
Passport back:
RC:

The fee hasn't been deducted yet - I am sure i have put the correct card details and called them yesterday. I received a call back this morning advising that we cannot have an update on the payment as the application is currently sitting with the banking service of the UKVI (strange system). The advise I was given is to monitor my bank statements and keep contacting my bank for details.

My question is when can I request my passport back as I am planning to travel for christmas and I was hoping I will get the Biometrics/COA letter before I request my passports so I don't affect/delay the decision.

[da_tnt]

As in November, 2016, you can see my timeline:

EEA EFM - Unmarried partner
EFM Application sent: 01/11/2016
Application received: 02/11/2016
Fee deducted: 04/11/2016
Passport requested: 09/11/2016
Biometric letter: 17/11/2016 (dated 14/11/2016)
Biometric enrollment: 17/11/2016
COA: 22/11/2016 (dated 20/11/2016)
Passport back: waiting
RC: waiting

epltao - your timings are pretty good - 3 weeks to the COA! I am still waiting for them to take the money and i have sent it over 3 weeks ago.

[da_tnt]

As in November, 2016, you can see my timeline:

EEA EFM - Unmarried partner
EFM Application sent: 01/11/2016
Application received: 02/11/2016
Fee deducted: 04/11/2016
Passport requested: 09/11/2016
Biometric letter: 17/11/2016 (dated 14/11/2016)
Biometric enrollment: 17/11/2016
COA: 22/11/2016 (dated 20/11/2016)
Passport back: waiting
RC: waiting

epltao - your timings are pretty good - 3 weeks to the COA! I am still waiting for them to take the money and i have sent it over 3 weeks ago.

[nekochan]

Hi all,

I am an unmarried partner of an EU citizen and submitted my application for a Residence Card under EEA-EFM category two weeks ago. Today I received the Biometric letter together with my COA without right to work because of the following reason, and would appreciate any advice of suggestions:

"At this stage we are unable to confirm your right to work in the United Kingdon. This will depend on the outcome of the application. This is because you have not provided original documentation for all of the following:

- The applicant is the unmarried partner or an extended family member (for example, the brother or sister) of an EU citizen who is exercising European free movement rights in the United Kingdon.

We will not revisit the terms of your Certificate of Application during the consideration of your case. "

I know that COA without right to work is pretty standard for EFMs, but I am just wondering if the specific reason above means that we have not submitted sufficient documents with my application, i.e., it will be likely to be rejected.

My sponsor is from an EU country and he is currently studying the UK. I submitted his original student certificate, evidence of receipt of fellowship, valid CSI certificate for both of us, bank statements, letters addressed to me and my partner at the same address covering the last 2.5 years, and series of photos of us. The below is my timeline:

EFM Application sent: 17/11/2016
Application received: 18/11/2016
Fee deducted: 21/11/2016
Passport requested: 22/11/2016
Biometric letter: 02/12/2016 (dated 29/11/2016)
Biometric enrollment: Not yet
COA: 02/12/2016 (dated 29/11/2016)
Passport back: waiting
RC: waiting

[nekochan]

COA without right to work because of the following reason:

"At this stage we are unable to confirm your right to work in the United Kingdon. This will depend on the outcome of the application. This is because you have not provided original documentation for all of the following:

- The applicant is the unmarried partner or an extended family member (for example, the brother or sister) of an EU citizen who is exercising European free movement rights in the United Kingdon.

We will not revisit the terms of your Certificate of Application during the consideration of your case. "

I know that COA without right to work is pretty standard for EFMs, but I am just wondering if the specific reason above means that we have not submitted sufficient documents with my application, i.e., it will be likely to be rejected.

According to the reference https://www.gov.uk/government/uploads/s ... s_v4.0.pdf suggested in another post here in the forum, the HO must issue a ‘short’ COA to extended family members who have submitted an application for a residence card regardless of the level of evidence submitted with their application (p. 24). So I guess the COA I received above doesn't necessarily mean that I have not provided sufficient documents.

I would appreciate if anyone got a residence card as EFM could share what they found in their short COA. Thanks!

[noajthan]

COA without right to work because of the following reason:

"At this stage we are unable to confirm your right to work in the United Kingdon. This will depend on the outcome of the application. This is because you have not provided original documentation for all of the following:

...

I know that COA without right to work is pretty standard for EFMs, but I am just wondering if the specific reason above means that we have not submitted sufficient documents with my application, i.e., it will be likely to be rejected.

According to the reference https://www.gov.uk/government/uploads/s ... s_v4.0.pdf suggested in another post here in the forum, the HO must issue a ‘short’ COA to extended family members who have submitted an application for a residence card regardless of the level of evidence submitted with their application (p. 24). So I guess the COA I received above doesn't necessarily mean that I have not provided sufficient documents.

I would appreciate if anyone got a residence card as EFM could share what they found in their short COA. Thanks!

Likely to be just a generic boilerplate letter and not a detailed analysis of your case.

[nekochan]

Thanks noajthan, your comments are always very helpful!

[noajthan]

Thanks noajthan, your comments are always very helpful!

My understanding is, the only way to have a right to work confirmed in such circumstances (eg EFM) would be if the applicant had applied for an EFM RC whilst still in possession of a previous valid RC or a valid FP.

[Sunnyday123]

Hi

As some of you may already know a new regulation came on. 25 Nov, 2016.
Apparently the changes are regrding surrinder singh.

I had a read through the new changes. It was really hard to understand can someone tell me.

Does the British Citizen need to have a Job or Private health insurance upon arrival to UK along with their non-eu spouse? (Surrinder singh)

Because previously as soon as you arrived in UK you just have to settle in UK and the BC did not need to work or have private health insurance etc.

[dinotinto]

Hi all, would just like to know if someone has been in my shoes before. I applied for my RC sometimes in march 2016, refused in September because the home office said my spouse's passport was reported as lost or stolen , but what was funny was , my spouse is Portuguese with a Portuguese passport, which was submitted with my application, but the home office said "we have it in record that the Netherlands passport you submitted had been reported lost or stolen and has been retained and returned to the Netherlands embassy. which is baffling as 1)she is not dutch and 2) never reported her passport as stolen. Made a paper appeal in sep and was given a deadline of 14 nov for submission of evidence. I have not heard anything since then and I have been wondering how long I will have to wait to be answered.

[cypher6]

Hi All,

I am back here again exactly one year after I have made my application where it was approved sometime in June 2016. My story is that I have lost my EEA FM card. My question to the folks who are expert here Are the following

1. Is there any Risks of my Card issuance to be refused given the process i have to undertake is a Re-Application.
2. My Partner already has a Certificate of Registration, Does his situation need to be re-assessed and if So i believe i Need to provide documents to support that he is still a qualified Person as if we are doing the initial application
3. Is there any impact of my Right to work ? I am currently working now.

I still have 3 months to re-apply since the date of loss,I am delaying my re-application as I am hoping that Maybe it can still be found .

I would really appreciate your advice and Guidance.

Cheers.

[noajthan]

Hi All,

I am back here again exactly one year after I have made my application where it was approved sometime in June 2016. My story is that I have lost my EEA FM card. My question to the folks who are expert here Are the following

1. Is there any Risks of my Card issuance to be refused given the process i have to undertake is a Re-Application.
2. My Partner already has a Certificate of Registration, Does his situation need to be re-assessed and if So i believe i Need to provide documents to support that he is still a qualified Person as if we are doing the initial application
3. Is there any impact of my Right to work ? I am currently working now.

I still have 3 months to re-apply since the date of loss,I am delaying my re-application as I am hoping that Maybe it can still be found .

I would really appreciate your advice and Guidance.

Cheers.

1) Yes, if you don't meet requirements now.

2) Yes, don't take anything for granted.

3) Right to work (via sponsor) persists if sponsor is still a qualified person.

[kubasak]

Hello friends. I have a question that if home office contact us then they call us from hidden numbers? And do they leave any message that they are calling from home office ... ? Please tell me

[Oxi]

Hi all
Does anyone know if it's ok for the HomeOffice to send biometric letter for non Eeu spouse and non Eeu child born in U.K. separately? Payment taken for both on 04.01.2017 bio letter received for child on 19.01.17 and enrolled same day. COA for the child received on 25.01.2017. But still nothing for the spouse. I have sent a request email to eurobiometric 7 days ago but no reply or anything. Don't know what to do. Any advice is appreciated.

[bawaz]

hi everyone

eea2 application refused

agreed marriage for three years nd lived together fot one year

objection on wife treaty rights

company director home address is same as applicant

no accounts filed

pay slip was in cash

no proper company contact details but agreed company was active


any real kind advise or help to prepare appeal anyone know how long appeal willl take to arrive and what should be prepared to fight

most people saying chances are just ten percent but i feel to stand

[Pizzahut]

Hi everyone.
I am new here.my timeline are follow
App submitted 22 june 2016
Fee deducted 25 june
Biometric letter received 2 sep 2016
Enrolled 4 sep 2016
COA received with right to work. 13 sep 2016.
Since then i haven't received anything from HO.
It's more than 6 six months i receive COA.could you please guide me about possible outcome and what i need to do now?
Looking forward.

[Pizzahut]

Hi..i am still waiting for any response..it's more than 7 months and 15 days i haven't heard anything from Home office.i receive COA on 13th of September 2016 with right to work.but still haven't received anything from HO . It's getting frustrated now

[kataja]

Hello,

Just a quick question - will the person who has residence card as non EEA EFM will have a right to work and travel freely within EU?

Thanks for your help.

[crunchycracker]

Hello,

Just a quick question - will the person who has residence card as non EEA EFM will have a right to work and travel freely within EU?

Thanks for your help.

I presume what you meant was does receiving an EEA RC from UK gives you rights to work freely in the rest of EU - answer is no.

Your rights to reside and work is dependent on your EU spouse's activity in that country, i.e. if your spouse is living in the UK, then you'll only have derivative rights to live/ work in the UK, not anywhere else in Europe.

[kataja]

Hello,

Just a quick question - will the person who has residence card as non EEA EFM will have a right to work and travel freely within EU?

Thanks for your help.

I presume what you meant was does receiving an EEA RC from UK gives you rights to work freely in the rest of EU - answer is no.

Your rights to reside and work is dependent on your EU spouse's activity in that country, i.e. if your spouse is living in the UK, then you'll only have derivative rights to live/ work in the UK, not anywhere else in Europe.

Sorry for the vague question, what i meant to ask is if my nonEEA partner (I'm an EEA national myself) will get a residence card will it give him right to work in the UK; will he be able to travel within EU without a visa?

Thanks for your help

[crunchycracker]

Hello,

Just a quick question - will the person who has residence card as non EEA EFM will have a right to work and travel freely within EU?

Thanks for your help.

I presume what you meant was does receiving an EEA RC from UK gives you rights to work freely in the rest of EU - answer is no.

Your rights to reside and work is dependent on your EU spouse's activity in that country, i.e. if your spouse is living in the UK, then you'll only have derivative rights to live/ work in the UK, not anywhere else in Europe.

Sorry for the vague question, what i meant to ask is if my nonEEA partner (I'm an EEA national myself) will get a residence card will it give him right to work in the UK; will he be able to travel within EU without a visa?

Thanks for your help

If you're an EEA national exercising treaty rights in the UK, then yes the residence card will allow your non-EEA spouse to live and work in the UK as long as you are still exercising your treaty rights in the UK. The moment you cease to exercise treaty rights in the UK, e.g. move back to the EU, your spouse loses the right to live/ work in the UK.

As for rights to travel freely within the EU, your spouse would not need a Schengen visa to visit Schengen areas ONLY IF:

1) your spouse is travelling with you
2) your spouse is travelling to join you

Refer to the thread here: europe-immigration-forum/travel-to-sche ... 95372.html

[favar95]

Hello everyone!
I really hope someone can help me to solve my situation. My (unmarried) partner and I have applied for Extended family member RC of a EEA national last October (24/10/2016) for my non-EEA partner and the application has now been refused saying that enough proof of our durable relationship were not provided. When a Certificate of Application was first issued in December, my partner GOT THE RIGHT TO WORK and he started his employment. Yesterday we received the application refusal, saying that we don't have any right to appeal but can only submit a new application. Now, can my partner continue with his employement while we send a new application? Is it still valid? (I suppose the answer is no, because the COA expires in some weeks)
So if not, is there any way to extend his right to work? I'm currently on maternity leave and I'm due to have our baby in one month, so I won't back to work for at least 6 months and we absolutely need my partner to work.
I really hope someone can help us to clarify what are our rights at the moment or how can we do to afford all the expenses we need to do (rent, council tax, baby's stuffs). We are not claiming any benefits. Thank you very much, any help is really appreciated !!

[favar95]

HI GUYS, I'VE POSTED THIS 10 DAYS AGO, I WOULD REALLY NEED SOMEONE'S HELP OR OPINION!!

Hello everyone!
I really hope someone can help me to solve my situation. My (unmarried) partner and I have applied for Extended family member RC of a EEA national last October (24/10/2016) for my non-EEA partner and the application has now been refused saying that enough proof of our durable relationship were not provided. When a Certificate of Application was first issued in December, my partner GOT THE RIGHT TO WORK and he started his employment. Yesterday we received the application refusal, saying that we don't have any right to appeal but can only submit a new application. Now, can my partner continue with his employement while we send a new application? Is it still valid? (I suppose the answer is no, because the COA expires in some weeks)
So if not, is there any way to extend his right to work? I'm currently on maternity leave and I'm due to have our baby in one month, so I won't back to work for at least 6 months and we absolutely need my partner to work.
I really hope someone can help us to clarify what are our rights at the moment or how can we do to afford all the expenses we need to do (rent, council tax, baby's stuffs). We are not claiming any benefits. Thank you very much, any help is really appreciated !!