UK EEA2 & family permit

Hi everyone
In January of this year my wife (american) and I (cypriot) got married in the UK.
We filed an EEA2 first week of January and are still awaiting a reply.
In April she obtained a family permit in the US whilst on holiday, which expired last week.
We tried renewing a family permit in Cyprus, but they were unable to renew, for whatever reason.
Here are my questions:
How long does the EEA2 take? It's been 10+ months......
Can we apply for a family permit in the UK, or just pop over to the US again and do it over there?
Any replies that will shed light to this are highly appreciated.
Regards
S

spoolup wrote:Can we apply for a family permit in the UK?

No. But why would you want to do that anyway if your wife is a non-visa national?

i just would like the EEA2 to come through already.
i need the family permit (entry permit) so we can go travel. there are a couple of really important trips we need to make.
it is called a family permit right? or is it entry permit?

spoolup wrote:i just would like the EEA2 to come through already.
i need the family permit (entry permit) so we can go travel. there are a couple of really important trips we need to make.
it is called a family permit right? or is it entry permit?

The EEA family permit is an entrance clearance. Through EEA2 you applied for a Residence Card. Since your wife is a US national she should have no problem travelling. Just show the CoA (=certifcate of application, the letter you should have confirming your EEA2 application) to the immigration officer on arrival.

we were told we needed to apply for the permit.
today she came back from cyprus with the CoA and an expired permit and they wouldn't let her in....
it took 2 hours.....

spoolup wrote:we were told we needed to apply for the permit.
today she came back from cyprus with the CoA and an expired permit and they wouldn't let her in....
it took 2 hours.....

Seriously? What airport was that? What happened during these 2 hours?

Anyway, the consulate in Cyprus must be able to issue a permit (you could try to complain to the email address given on their web page). In principle, you should get it from any high comission or consulate abroad.

it was in LHR this morning.
the consulate in cyprus....that's a different story.....
i talked to UKBA here and the consulate over the phone.
they both said it's no problem to apply for the permit.
my wife showed up there and they said they're busy until november and that she wouldn't be able to file as she's not a resident of cyprus.
both items i asked them over the phone and they said it wouldn't be an issue.

i just looked at the CoA and it doesn't really say anything about travel.
i guess i'm just looking for something that'll say it black and white so the UKBA officer's don't have a reason to block her again.
also her passport was stamped with the standard 6 month stamp today

spoolup wrote:it was in LHR this morning.
the consulate in cyprus....that's a different story.....
i talked to UKBA here and the consulate over the phone.
they both said it's no problem to apply for the permit.
my wife showed up there and they said they're busy until november and that she wouldn't be able to file as she's not a resident of cyprus.

Sorry, but they are obviously incompetent, see http://www.ukvisas.gov.uk/en/ecg/eunati ... t#13627112 . They are supposed to process the application in an accelerated procedure but two, maybe three weeks are not unreasonable. Have a look here regarding tips for your EEA2 problem. You better start complaining.

spoolup wrote:i just looked at the CoA and it doesn't really say anything about travel.
i guess i'm just looking for something that'll say it black and white so the UKBA officer's don't have a reason to block her again.
also her passport was stamped with the standard 6 month stamp today

The CoA doesn't need to say anything about travel. They have no right to 'block' her if she can proof her status and the CoA should do exactly that. But why did it take 2 hours?

What does this 6 month stamp say? I suppose she should be fine travelling with it now?

i called about 2 weeks ago their number. the lady said the case was in with one of their officials..... in theory.
is there anywhere on their site that is states that my wife is free to travel once the EEA2 is filed by showing the CoA?

its the standard 6 month stamp and visitor gets.

So she was admitted as a visitor which she is clearly not...

Of course, she is free to travel. Why would she not? EU law doesn't allow any restrictions here. The Residence Card should have been processed within 6 months. Only phoning them won't help much, I'm afraid. You better also write registered letters, complain to SOLVIT and try to get the interest of your MP/MEP.

BTW, your topic would be better suited for the 'Immigration for family members' or 'General UK Immigration forum'.

i'll ask the mods to tranfer it over thanks.
i am rather ignorant to the uk rules, sorry.
i spent 12 yrs in the states and am more versed with their rules.
the whole uk/eu thing throws me off.

if i remember correctly the UKBA person i spoke with told us we needed the entry permit couple of times over the phone.
but having said that, every person you talk to gives you a different answer.

i'll write to them registered this week. maybe through a lawyer.
don't mean to be rude, but where do you base the fact she can travel with the CoA only. I just need a reference somewhere or your background, before I go buying the next ticket.
thanks

spoolup wrote:if i remember correctly the UKBA person i spoke with told us we needed the entry permit couple of times over the phone.
but having said that, every person you talk to gives you a different answer.

Why am I not surprised...?

spoolup wrote:don't mean to be rude, but where do you base the fact she can travel with the CoA only. I just need a reference somewhere or your background, before I go buying the next ticket.
thanks

The CoA in itself is not a travel document, of course, but it proofs the current status and IOs can't just refuse a family member. Have a look here in 'EEA nationals and their family members'.

that looks good!
i'll print that out and add it in the travel "folder"
so when we're at immigration we'll show them the CoA and if that doesn't count we'll pull out the marriage certificate, and if THAT doesn't count we'll pull this paper.
the marriage cert is what let her in today, but on a visitor status...maybe the UKBA agent was new?

If you are a worker you could also include a recent employment letter and payslips. Just in case they question you presence in the country...

I'll have my trip folder redone, i guess :
CoA
Letter from company
Payslips
And the pdf from last night with the important bits highlighted, so they don't get confused.

Tomorrow, I start with the phone and mail "assault" until I get an answer that's satisfactory.

Thanks for all your help. This has been educational.
Cheers

If your wife is travelling alone she should always carry a photocopy of your passport. Until the residence card is approved, she should always carry the marriage certificate.

You should immediately contact your MP. Be sure to point out that they are required to process the Residence Card application within a maximum of 6 months.

You should also write to UKBA. Point out that they are legally required to process the application within 6 months. Include a bill for any expenses you have incurred since six months expired. Send it by special delivery and keep the receipt.

Note that you wife is (legally) required to have an EEA family permit if she does not have a residence Card. But UKBA is also legally required to let her in if she does not have the EEA family permit but she can prove she has a relationship with you.

called UKBA today.
cases will be done so by december they can reach their normal timeframe.
so that'll bring us to 11 months and some spare days....IF it's done.

she needs the family permit no matter what.
that's end of story.......

gotta love beaurocrats........what a pain in the @#@$

Contact your MP. I am sure you can get it faster.