EEA2 -Travel during residence stamp processing without VISA

pdykid · Post by **pdykid** » Mon Feb 23, 2009 10:15 am

I am an Indian living with my husband in UK with EEA family permit as my husband is a French National.

I applied for my residence permit EEA2 (Family member residence stamp) in Sept 2008 at Home Office - UK. And its now nealry six months, we have Certificate of Application from Home Office.

I have requested Home Office to send our passport back as we have to make an urgent travel to India. Home Office confirmed our application for EEA2 is not canceled, they will demand our passport after our travel when they need to process the application further.

My problem is that my original Visa expired in NOV 2008. As my initial EEA Family Permit valid for 6 months, issued at Chennai. We have applied for EEA2 Residence Stamp when my visa was valid. And i have Home Office COA (Certificate of Application).

So, to enter into UK from India. do i need to get Spouse Visa (EEA Family Permit) again in India from British Embassy?

Can i apply for EEA Family Permit when my EEA2 is pending in UK?

or do i need to cancel the EEA2 when i receive my passport from HO?

Please clear me... thanks in advance

Plum70 · Post by **Plum70** » Mon Feb 23, 2009 10:32 am

So, to enter into UK from India. do i need to get Spouse Visa (EEA Family Permit) again in India from British Embassy?

Yes

Can i apply for EEA Family Permit when my EEA2 is pending in UK?

Yes

or do i need to cancel the EEA2 when i receive my passport from HO

?
No

pdykid · Post by **pdykid** » Mon Feb 23, 2009 3:00 pm

thanks Plum70...

Just called HO and asked for our passports backâ€¦ they said it will reach me in a week. Finger crossedâ€¦

Plum70 · Post by **Plum70** » Mon Feb 23, 2009 3:35 pm

Cross 'em tight!

pdykid · Post by **pdykid** » Wed Feb 25, 2009 2:25 pm

Received official confirmation mail from British Deputy High Commission - India. Regard applying for EEA FP (Famil permit) while EEA2 processing in UK. They have't asked me to cancel my EEA2 application (which i was feared earlier). Hope this will help others.

letter fallows:

Dear Madam

Thank you for your email. You may apply in India for an EEA FP visa. Please enclose a covering letter mentioning your circumstances along with your application.

Yours faithfully

Visa Support Officer
UK Border Agency
Visa Services
British Deputy High Commission

Pasha · Post by **Pasha** » Thu Feb 26, 2009 12:11 am

You do not need to cancel your EEA 2 Application. I suggest you also contact signpost. They are pretty quick with their replies and ask specific questions as they will outline in their reponse the pieces of legislation you wil need to refer to when dealing with officials here or in India (if necessary).

pdykid · Post by **pdykid** » Fri Feb 27, 2009 9:27 am

Today morning we received both of our passport from HO. By special delivery (the special delivery cover not provided by me)
A letter stating that i need to apply for a family permit to enter into UK and need to return the passport when the case worker demand for passport. Thanks to all.

Made demand to return our passport on: Monday 23rd Feb 2009
Today 27th Feb 2009 received the passports.

pdykid · Post by **pdykid** » Mon May 11, 2009 10:15 am

Today I received a letter from HO, asking for my passport for RC stamping.

They have asked my passports and EEA salary slip or employment letter.
And my presence in UK by salary slip etc., but I am unemployed my husband who is EEA is employed. How can I show them my presence in UK?

I have recently made a journey and came back to UK, can I ask HO to see the immigration office stamp in my EEA Family permit?

Or do I need add anything else?

Rozen · Post by **Rozen** » Mon May 11, 2009 12:13 pm

pdykid wrote:Today I received a letter from HO, asking for my passport for RC stamping.

They have asked my passports and EEA salary slip or employment letter.
And my presence in UK by salary slip etc., but I am unemployed my husband who is EEA is employed. How can I show them my presence in UK?

I have recently made a journey and came back to UK, can I ask HO to see the immigration office stamp in my EEA Family permit?

Or do I need add anything else?

Surely, the fact that you are sending them your passport means that you are currently in the UK. No need to say or send them anything else, apart from what they have asked for. They will see the EC stamp in your passport themselves. So don't fret. You alright.

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Mon May 11, 2009 12:14 pm

pdykid wrote:They have asked my passports and EEA salary slip or employment letter.
And my presence in UK by salary slip etc., but I am unemployed my husband who is EEA is employed. How can I show them my presence in UK?

I do not think they particularly need to see salary slips, and they have no right to ask if you are working. They just want to know you are still here. You can just point out the entry stamp on your passport from your most recent arrival. Tell them to, for example, "find the arrival stamp on Page 96 of the passport from current entry to the UK"

They do not legally need anything else.

Rozen · Post by **Rozen** » Mon May 11, 2009 12:29 pm

Directive/2004/38/EC wrote:
pdykid wrote:They have asked my passports and EEA salary slip or employment letter.
And my presence in UK by salary slip etc., but I am unemployed my husband who is EEA is employed. How can I show them my presence in UK?
I do not think they particularly need to see salary slips, and they have no right to ask if you are working. They just want to know you are still here. You can just point out the entry stamp on your passport from your most recent arrival. Tell them to, for example, "find the arrival stamp on Page 96 of the passport from current entry to the UK"

They do not legally need anything else.

Not sure who's payslips they are asking for. But if they are for the EU national, then they want to prove that he is still exercising his treaty rights by working! Legal requirement or not, if she does not send any evidence of EU national exercising treaty rights, they will not (or at best, delay) issuing the RC. I would send them if I were you, pdykid.

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Mon May 11, 2009 12:33 pm

Good point.

If they are asking for pay slips of your EU spouse, then send a copy of one of those.

If they are asking for your pay slip, I would ask them why they are interested.

86ti · Post by **86ti** » Mon May 11, 2009 12:35 pm

pdykid wrote:They have asked my passports and EEA salary slip or employment letter.
And my presence in UK by salary slip etc., but I am unemployed my husband who is EEA is employed. How can I show them my presence in UK?

When you filled out the application form what did you say how you wanted to exercise your treaty rights? If your husband is working and you declared that you are applying because him being a worker then obviously you would send his payslips.

pdykid · Post by **pdykid** » Mon May 11, 2009 1:06 pm

Thank you all for speedy reply. Just to clear more.
HO letter ask for

My passport.

They have asked EEA's salary slips or employer letter. EEA exercising treaty rights in UK.

And Evidence that you (applicant) are present in the UK in form of wage slips etc.

I have my husbandâ€™s (EEA) latest pay slips and even employer letter a month old.

I have planned to write a covering letter like this

â€œAs I am still unemployed and I am unable to submit my salary slips. As a proof of my presence in the UK, you can see Immigration officer stamp in my Family permit dated 5th May 2009 in my passport. This was stamped when I was return to UK from my essential travel with my husband.
â€œ
Hope this will do

Cheersâ€¦

Rozen · Post by **Rozen** » Mon May 11, 2009 2:14 pm

pdykid wrote:Thank you all for speedy reply. Just to clear more.
HO letter ask for

My passport.

They have asked EEA's salary slips or employer letter. EEA exercising treaty rights in UK.

And Evidence that you (applicant) are present in the UK in form of wage slips etc.

I have my husbandâ€™s (EEA) latest pay slips and even employer letter a month old.

I have planned to write a covering letter like this

â€œAs I am still unemployed and I am unable to submit my salary slips. As a proof of my presence in the UK, you can see Immigration officer stamp in my Family permit dated 5th May 2009 in my passport. This was stamped when I was return to UK from my essential travel with my husband.
â€œ
Hope this will do

Cheersâ€¦

Strange that they should ask for your husband's payslips as well as yours! Did you perhaps indicate in your application that you were working (at the time)? If you only put your husband's details in the 'employment' section, then it is his payslips they should take into account, not yours!

Your covering letter looks fine. Do you have a recent utility bill (in your name, or joint) that you could enclose? If you don't, don't worry. Your passport with cover letter says it all. Good Luck!

pdykid · Post by **pdykid** » Mon May 11, 2009 2:31 pm

I havenâ€™t mentioned anything about my employment. I clearly stated that I am unemployed in my EEA2 application.

Anyway I am attaching council tax bill with the covering letter which has my name in it.

86ti · Post by **86ti** » Mon May 11, 2009 2:45 pm

pdykid wrote:I havenâ€™t mentioned anything about my employment. I clearly stated that I am unemployed in my EEA2 application.

Anyway I am attaching council tax bill with the covering letter which has my name in it.

That's probably the best idea.

I suppose they wrote about the pay slips only as an example. Appears to me the best proof of presence in the country anyway.

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Mon May 11, 2009 2:56 pm

You could always send a photo of yourself outside your flat holding their request letter...

Rozen · Post by **Rozen** » Mon May 11, 2009 3:15 pm

Directive/2004/38/EC wrote:You could always send a photo of yourself outside your flat holding their request letter...

Directive, thank you for making me laugh today!

Pdykid, your Council Tax bill should be fine. Now send those documents off asap, by recorded or special delivery!

pdykid · Post by **pdykid** » Mon May 11, 2009 3:19 pm

Sure Guys...I am going to send them soon...by spl delivery.

thanks all.

pdykid · Post by **pdykid** » Mon May 11, 2009 3:19 pm

Sure Guys...I am going to send them soon...by spl delivery.

thanks all.

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EEA2 -Travel during residence stamp processing without VISA

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