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EEA family visa

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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romchie
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Location: Northern Ireland

EEA family visa

Post by romchie » Mon May 16, 2011 7:19 am

Hi,have got the problem.I am non eu citezen from Latvia with Russia nationality.My wife are from Latvia and she is citizen.I have got the EEA family family visa type and visa have got expire soon.We live together in Northern Ireland.That's my question " which blank or form did i need send to make my visa longer ? and wher ? " . Many thanks for answers and help .

John
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Post by John » Mon May 16, 2011 7:35 am

You don't have a problem. And indeed you don't have a visa! You are in the UK exercising EU Treaty Rights.

The form to use is the EEA2 in order for you to get a 5-year Residence Card. But such card is merely confirmatory of Rights you already possess; it does not actually give you more rights at all, it merely confirms that the have those rights.

Your wife, the EU Citizen, how is she exercising Treaty Rights in the UK? Employed? Self-employed? A student? Or how?
John

romchie
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Post by romchie » Mon May 16, 2011 6:34 pm

Hi John,thanks for answer.My wife is employed . She work at the factory. Did i need send EEA2 form send somewhere? or i don't need any more visa ? i am Aliens and have got a Latvian Aliens Passport.

John
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Post by John » Mon May 16, 2011 7:27 pm

It is good to hear that your wife is employed, that is, she is exercising EU Treaty Rights as a "worker".

You? Because of your wife exercising Treaty Rights, you also have the ability to exercise Treaty Rights in the UK. You have those rights even if you choose not to apply for a Residence Card using form EEA2.

However, how do you easily prove that you have those Treaty Rights? The easy way is to get a Residence Card.

Something else! In order to get your Residence Card you will need to prove that your wife is exercising Treaty Rights in the UK, so it would be helpful if she completes a form EEA1 to get a Residence Certificate. That is, once UKBA decide to issue a Residence Certificate to your wife, then it is easy for them to issue you with a Residence Card. Click here to download a form EEA1.

I emphasise that your wife does not have to file a form EEA1, but I also say it will do no harm if she does so.
John

romchie
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Post by romchie » Mon May 16, 2011 7:56 pm

Yeah,thanks for information John.About my wife i really understand everything .But what about me and my visa ? did i need it ? or no more visa for Non-Eu citizen ? And first if my wife take certificate how long it's take time ? and after she take it , i can send EEA2 form for my residence card ? My visa expire in june,and i don't understand what to do next,because before i need to send eea1 form with my wife eea2 form . but now is different rules...Many thanks

John
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Post by John » Mon May 16, 2011 8:05 pm

Sorry I did not make clear, the forms EEA1 and EEA2 can be submitted at the same time.

You continue to use the word "visa". You don't have a visa! You have confirmation that you are able to exercise Treaty Rights.
John

romchie
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Post by romchie » Mon May 16, 2011 8:59 pm

John i have got visa right at the moment , and she is expire in june. it's my first visa in United Kingdom.I wanna stay in UK longer.Know that i need send 2 form off EEA1 and EEA2 , and passport but where ? did i need pay or send something more to proof ?(i need to know adress or link ) . Can i get the stamp or Residence card at this moment ,or i need to wait the time ? and have i got permit to work with VISA EEA FP : family member (it's my wife) . I have UK entry clearance visa for 6 month . If u need more information please tell me . thank u a lot John

Jambo
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Post by Jambo » Mon May 16, 2011 9:56 pm

romchie,
It is important for you to understand that EU citizens and their family members don't need a visa to live and work in the UK. Exercising EU treaty rights is enough. All the forms/stamps in your passports are not visas but confirmations of your right in the UK (check the page in your passport - could you spot the word "visa" in it?!). It makes life easier if you got the confirmation (for example when looking for a job or going through border control) but you don't legally obliged to have it. As long as your partner is exercising her treaty rights (in your case - working), you are legal in the UK. The EEA Family Permit can expire but will it not change your legal status in the UK (as long as your wife is exercising treaty rights).
So you can relax. You don't need to extend your stay as you can stay as much as you want (as long as your wife...)

The next step for you would be to apply for a 5 years residence card using form EEA2. Just follow the links provided before and read the guides where to send the forms etc (basically - passports, photos, proof of exercising rights, proof of relationship. It's free and takes about 3-4 months to get it).

romchie
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Post by romchie » Tue May 17, 2011 7:19 am

Yeah u right Jambo,no word about "visa" . But i think it's look like visa . Ok i need fill EEA2 form.did something needed from my wife ? and i allready send them information about my self and wife , when take first visa in UK embassy . many thanks

romchie
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Post by romchie » Tue May 17, 2011 7:28 am

One more things , my wife and I living in Northern Ireland something about 5 months . She work also 5 months .

John
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Post by John » Tue May 17, 2011 7:42 am

i think it's look like visa
You really do need to read this topic slowly and carefully! For the last time from me ...... you do not have a visa! And of course I am not the only person to tell you that.

Please, do yourself a favour, try to understand EU Treaty Rights. After all you and your wife are exercising such Treaty Rights in the UK.
John

fysicus
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Post by fysicus » Tue May 17, 2011 8:21 am

romchie,

what you have currently is an EEA Family Permit. Indeed it looks like a visa, but it is something different: it is an entry clearance (permission to enter the UK). The expiry date on this permit means that after that date you can no longer use it to enter the UK (cross the border). However, once in the UK (as you are now) you can stay as long as you like, regardless of the expiry date of this permit.

What you should do now, is apply for a Residence Card (by completing form EEA2 and sending it to the address mentioned on the form). There is no legal requirement to do this but it is very, very advisable. Your wife can apply for a Registration Certificate (using form EEA1) at the same time, the necessary supporting evidence is the same (proof that she is working in the UK).

romchie
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Posts: 20
Joined: Mon May 16, 2011 7:15 am
Location: Northern Ireland

Post by romchie » Tue May 17, 2011 6:30 pm

fysicus thank u a lot , where u been before.Now i know what to do next.It's simple to understand u . Can u tell me did i have right to work in UK ?

romchie
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Location: Northern Ireland

Post by romchie » Tue May 17, 2011 6:33 pm

One more if i send my passport to the HO,did they send me back or i need wait all process for 6 months ?

fysicus
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Post by fysicus » Tue May 17, 2011 10:04 pm

When you send in the EEA2 application, you will get (probably after a month or so) a Certificate of Application, which should confirm that you have a right to work while the application is undecided.
Note that your rights (including the right of residence and the right of work) are derived automatically from your family relationship to an EU citizen (your wife), not from a piece of paper.

UKBA will not send your passports (yours and your wife's) back until the application is processed which can take a few months. It seems they have improved their processing times a bit recently. You can, however, ask your passports back earlier; it will not affect your application.

Your situation looks very straightforward to me; I see no reason to expect any problems.

romchie
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Joined: Mon May 16, 2011 7:15 am
Location: Northern Ireland

Post by romchie » Wed May 18, 2011 7:25 am

fysicus thank u very much . Maybe u can tell which documents needed ? or same as first time . Marriage sertifecate , 2 passports , photo, copy from work(my wife). and copy of NINO. ?

John
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Post by John » Wed May 18, 2011 7:50 am

romchie, have you downloaded the form EEA2? If not I suggest you do that, because it will guide you about what documentation is needed.

Has your wife decided to make an EEA1 application?
John

fysicus
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Location: England
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Post by fysicus » Wed May 18, 2011 8:13 am

The detailed guidance from UKBA is available on their website:
http://www.ukba.homeoffice.gov.uk/eucit ... /applying/
The essential thing is you need to prove your family relationship (marriage certificate) and that your wife is exercising treaty rights (as an employee in your case). Indeed they need more or less the same documents as for your EEA FP. All documents you submit must be originals and they will be returned to you when the application has been finished (hopefully approved).

The EEA2 form is very long, but straightforward to complete. Sections 2, 5, 6 and 7 you can completely ignore in your situation.

The information for your wife can be found at:
http://www.ukba.homeoffice.gov.uk/eucit ... /applying/
On the EEA1 form there is still a section on the Worker Registration Scheme (section 7). You can completely ignore that, as this Scheme no longer exists (since 1 May 2011). On the EEA1 form you can ignore sections 2, 4, 5, 6 and 7.
Although the EEA1 form specifies a slightly different address for sending it, you can simply put both forms in one envelop and send everything to the address given on the EEA2 form.

For the sections about your wife's work (section 4 on the EEA2 form and section 3 on the EEA1 form) she may ask the Personnel Department (Human Resource Dept) of the factory where she works for help.

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