EEA Spouse visa

confusedandsad · Post by **confusedandsad** » Sun Jul 09, 2017 10:42 am

I also have not received a curtailment letter yet.

confusedandsad · Post by **confusedandsad** » Sun Jul 09, 2017 10:51 am

thsths wrote:
confusedandsad wrote: 1. If I go home I can get the EEA permit within 30 days (100% received EEA permit by this date)
2. If I stay in the UK it appears most people are receiving their CoA in around 4-12 weeks.
I would certainly stay in the UK. Leaving involves the risk that they refuse your visa for spurious reasons, and then you are stuck for a while.

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The home office decided not to conduct an investigation into my marriage under S48 of the 2014 Act and my proposed marriage was only subject to the 28 day notice period. Are they still going to do further investigations? Do they have interviews for the EEA family permit? How will they do the interview if my wife will be in the UK and I am in NZ?

I have been in the UK for 4 years now, have known my fiancee for 1.5 years and have paid in excess of 6 figures in tax, no criminal record, genuine age for marriage, own my own flat and my wife will be moving into my flat after the wedding. Surely this is enough to prove my case is genuine?

Is going home to apply for the EEA family permit on my own seriously going to cause issues?

Post by **Casa** » Sun Jul 09, 2017 11:05 am

confusedandsad wrote:
Casa wrote:
confusedandsad wrote:

It will also be noted that your Tier 2 visa is due to be (or has been curtailed), after you resigned from your employment. You will have to convince the Case Worker that the relationship is genuine and not simply a means in which to remain in the UK.

Also thsths has made a very valid point about absence while the application is under consideration.
Wouldn't I also have to convince the caseworker of the same thing if I stayed in the UK and applied for the residence card?

Yes, but this may be easier if you haven't left your new wife behind in the UK a week after the wedding and jetted off for a holiday in NZ

confusedandsad · Post by **confusedandsad** » Sun Jul 09, 2017 11:41 am

I resigned from my job as my tier 2 visa does not allow me to be out of work for more than 4 weeks. I was not able to visit my family back home while employed as it was too difficult to get more than 2 weeks holiday. Travelling over 48 hours both ways for a holiday less than 2 weeks makes no sense.

I needed this period to arrange our wedding, take a break, get married, go home visit my family which I havent done for over 3 years now and then come back and live with my wife.
She can't come to australia as she has no holidays from work or the funds to fly over 24 hours to the otherside of the world. I would prefer to go visit family then come back and start my life instead of sitting around the UK waiting for the Resdience permit then going home. I need to visit my family anyway and would prefer to do this now then come back and start work and work.

If i wait for the residence card, in the UK I am sitting dormant in the UK. I cant travel, I cant work, I cant do anything but sit at home. Going home and apply for the EEA permit just seems like the logical thing to do.

Does my case have some weight?

Post by **CR001** » Sun Jul 09, 2017 11:55 am

HO are not interested in your emotional/family at home logistics or that you haven't seen them for 3 years or that you couldn't get leave of 4 weeks to go home.

HO are only interested in facts and rules.

confusedandsad · Post by **confusedandsad** » Sun Jul 09, 2017 1:16 pm

If that is the case, on what fact would they deny the EEA spouse visa if I apply by visiting home and applying?

The argument that it's unusual to take off on a holiday on your own within a week of the wedding comes down to emotion and the notion that a husband cant travel by himself post the wedding.

confusedandsad · Post by **confusedandsad** » Sun Jul 09, 2017 1:19 pm

Could I not just apply for the Residence permit here in the UK then request for my passport back after I submit my application then travel? This solves all my problems right?

eea-route-applications/how-early-can-i- ... 32182.html

Post by **CR001** » Sun Jul 09, 2017 1:25 pm

Yes you can, it does take a couple of weeks though.

confusedandsad · Post by **confusedandsad** » Sun Jul 09, 2017 1:29 pm

So that solves my problems then. I can apply for the Residence card in the uk. Then request for my passport back go and travel back to Australia while it is processing then return to pick it up.

Will I be let back into the uk though when I return?

confusedandsad · Post by **confusedandsad** » Sun Jul 09, 2017 1:52 pm

Can the CoA be used in conjunction with your passport to travel and then be used to come back to the uk?

Post by **Casa** » Sun Jul 09, 2017 2:34 pm

confusedandsad wrote:Can the CoA be used in conjunction with your passport to travel and then be used to come back to the uk?

No, as a COA doesn't mean your application for an EEA Residence Card has been approved.

Neither can you re-enter the UK as a visitor as you have submitted an application to reside.

confusedandsad · Post by **confusedandsad** » Sun Jul 09, 2017 2:53 pm

So if I apply for a Residence permit in the UK and request the return of my passport at what point will I be allowed to travel out of the UK and enter the UK again?

Post by **Casa** » Sun Jul 09, 2017 3:02 pm

My understanding is that you will have to wait until you have been granted your Residence Permit, as you will be re-entering the UK without your wife travelling with you. Wait for comments from others on this.

Your RC can't be sent to you in Australia by someone checking your post while you are absent as you will have to submit biometrics before the permit will be issued. The biometrics letter will give you 10 days in which to submit your biometrics.

Post by **Casa** » Sun Jul 09, 2017 3:05 pm

confusedandsad wrote:So that solves my problems then. I can apply for the Residence card in the uk. Then request for my passport back go and travel back to Australia while it is processing then return to pick it up.

Will I be let back into the uk though when I return?

Not visiting family in New Zealand now then?

confusedandsad · Post by **confusedandsad** » Sun Jul 09, 2017 5:46 pm

Was thinking potentially doing Aus for stag then NZ. Sorry for confusing again.

Can do this after the EEA permit has come to avoid any problems

So can I apply for the residence permit in the UK request my passport to come back and then travel to visit family back home and come back to the UK?

Post by **Casa** » Sun Jul 09, 2017 6:08 pm

Casa wrote:My understanding is that you will have to wait until you have been granted your Residence Permit, as you will be re-entering the UK without your wife travelling with you. Wait for comments from others on this.

Your RC can't be sent to you in Australia by someone checking your post while you are absent as you will have to submit biometrics before the permit will be issued. The biometrics letter will give you 10 days in which to submit your biometrics.

Have you actually read my earlier post above

confusedandsad · Post by **confusedandsad** » Sun Jul 09, 2017 6:14 pm

Yes I did, however, it seemed you suggested I wait for others to validate your responses as to whether I would have to wait until my Residence Permit was granted. What is the point of requesting for my passport back then if i can't travel? Why would they offer a service that in essence has no use?

Can I not travel once my biometrics have been submitted?

Richard W · Post by **Richard W** » Sun Jul 09, 2017 7:32 pm

If you still had a valid visa, you could return to the UK on your returned passport and visa. I'm not confident that it would be non-criminal for you to try to use your current visa to re-enter the UK. As you're not British, it would be illegal to lie to an Immigration Officer on relevant matters. Of course, this whole scheme is liable to fail as soon as the visa is cancelled.

As a non-visa national, you could just fly back to the UK and then re-enter to join your family member (i.e. your wife). You should be given "every reasonable opportunity" to have the relevant documents brought to you! (@Casa: Am I overlooking anything?) You should get an "EEA Regulations" stamp in your passport.

Similarly, if you had entered on a family permit, you could use that to re-enter the UK with your returned passport.

Post by **Casa** » Sun Jul 09, 2017 7:39 pm

Richard W wrote:If you still had a valid visa, you could return to the UK on your returned passport and visa. I'm not confident that it would be non-criminal for you to try to use your current visa to re-enter the UK. As you're not British, it would be illegal to lie to an Immigration Officer on relevant matters. Of course, this whole scheme is liable to fail as soon as the visa is cancelled.

As a non-visa national, you could just fly back to the UK and then re-enter to join your family member (i.e. your wife). You should be given "every reasonable opportunity" to have the relevant documents brought to you! (@Casa: Am I overlooking anything?) You should get an "EEA Regulations" stamp in your passport. He will have to remain in the UK until he has given biometrics. Regarding entering as a non-visa national, the EEA RC application will flag up on the IO's system and make it obvious that he isn't entering as a genuine visitor. .

Similarly, if you had entered on a family permit, you could use that to re-enter the UK with your returned passport.

Richard W · Post by **Richard W** » Sun Jul 09, 2017 8:05 pm

Casa wrote:
Richard W wrote:As a non-visa national, you could just fly back to the UK and then re-enter to join your family member (i.e. your wife). You should be given "every reasonable opportunity" to have the relevant documents brought to you! (@Casa: Am I overlooking anything?) You should get an "EEA Regulations" stamp in your passport. He will have to remain in the UK until he has given biometrics. Regarding entering as a non-visa national, the EEA RC application will flag up on the IO's system and make it obvious that he isn't entering as a genuine visitor. .

And it would be criminal for him to claim to the IO that he was entering as a genuine visitor. Purpose of entry should be given verbally as 'rejoining wife'. Or has UKVI erected some other barrier of dubious legality? The point about being a non-visa national is that he is unlikely to need a visa to reach a port of entry.

Post by **Casa** » Sun Jul 09, 2017 8:15 pm

Richard W wrote:
Casa wrote:
Richard W wrote:As a non-visa national, you could just fly back to the UK and then re-enter to join your family member (i.e. your wife). You should be given "every reasonable opportunity" to have the relevant documents brought to you! (@Casa: Am I overlooking anything?) You should get an "EEA Regulations" stamp in your passport. He will have to remain in the UK until he has given biometrics. Regarding entering as a non-visa national, the EEA RC application will flag up on the IO's system and make it obvious that he isn't entering as a genuine visitor. .
And it would be criminal for him to claim to the IO that he was entering as a genuine visitor. Purpose of entry should be given verbally as 'rejoining wife'. Or has UKVI erected some other barrier of dubious legality? The point about being a non-visa national is that he is unlikely to need a visa to reach a port of entry.

Please correct me if I'm wrong, but I've always understood that a non-visa national can only enter without a pre-issued visa if they are entering as a visitor, not to join/rejoin a spouse. I believe that if he was travelling with his EEA national wife, he would be able to enter without a FP but in this case he is holidaying alone.

Richard W · Post by **Richard W** » Sun Jul 09, 2017 10:36 pm

Casa wrote:Please correct me if I'm wrong, but I've always understood that a non-visa national can only enter without a pre-issued visa if they are entering as a visitor, not to join/rejoin a spouse.

Entry under the EU Free Movement Laws is an exception. EEA Regulation 11(4) then kicks in.

Casa wrote:I believe that if he was travelling with his EEA national wife, he would be able to enter without a FP but in this case he is holidaying alone.

There's no legal requirement to be travelling with his wife. I think it would be better if he took his wife to meet his family, but it should be enough for her to be at the airport to meet him. She would then have a more recent payslip as evidence of continuing employment. I suppose there is a risk that travelling without her might be used as evidence that it was a marriage of convenience.

Post by **CR001** » Sun Jul 09, 2017 10:43 pm

Richard W wrote:I suppose there is a risk that travelling without her might be used as evidence that it was a marriage of convenience.

Agree, especially as HO will be aware of the OP having left his Tier 2 Sponsor in April 2017. This will flag up immediately on the system, then plus a holiday back home alone very shortly after getting married.

confusedandsad · Post by **confusedandsad** » Mon Jul 10, 2017 11:01 am

CR001 wrote:
Richard W wrote:I suppose there is a risk that travelling without her might be used as evidence that it was a marriage of convenience.
Agree, especially as HO will be aware of the OP having left his Tier 2 Sponsor in April 2017. This will flag up immediately on the system, then plus a holiday back home alone very shortly after getting married.

But if I stay and apply for the Residence Permit here in the UK wont the system also flag me up given I have recently resigned?

When we put our notice in at the Registery office the home office approved our notice of marriage and kept the 28 day notice period, they did not extend it to 70 days. If I were to get flagged would I have not been flagged at this point?

Post by **CR001** » Mon Jul 10, 2017 1:49 pm

You are confusing yourself around multiple issues that we not necessarily related.

Your visa is valid until a curtailment letter is sent to you. However this does not apply if you leave the UK.

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