EEA2-Does UK Issue Residence Cards or only stamp the Passp.?

dsab85 · Post by **dsab85** » Wed Oct 03, 2007 8:53 am

In another Topic i saw the following:

"the Residence Card is only issued to family members of EEA nationals other than nationals of the UK."

I applied for EEA1 together with my wifes EEA2 application, and I received a Blue UK residence Card, but my wife only get the Residence Permit Sticker in her passport. Is that correct, or should she have received a residence card as well.

I know Immigrants in many other countries get issued with a small card (for example Ireland and Germany), similar to a national Identity Card. Does the UK issue them as well?

Cheers,
DSAB

yankeegirl · Post by **yankeegirl** » Wed Oct 03, 2007 10:23 am

That's correct. In the UK, the non-EEA national gets a vingette in the passport. There's been a lot of talk about and national ID card scheme, but I don't think it's come into effect yet. At the moment, they just put it in the passport (blue card for EEA nationals).

Docterror · Post by **Docterror** » Wed Oct 03, 2007 10:40 am

Since the advent of the Directive2004/38/EC, the Residence Permit issued to non-EEA family members of the EEA nationals are called Residence Card in all EU countries. But as pointed out, UK does not issue ID cards, it is issued as vignettes endorsed in passports of the non-EEA and states that is a Residence Card even though it is not essentially the right terminology.

Pasha · Post by **Pasha** » Sun Oct 28, 2007 2:44 pm

My wife and I are going to apply for the EEA Residence card. I will be using the EEA 1 form and mY wife will be using the EEA 2 form as a non EEA, non visa national.

Does anyone know if it is compulsory to have been graned the EEA Family Permit in order for my non-EEA spouse EEA 2 application to be valid and considered for her residence permit? She is currently on a vistors visa.

vinny · Post by **vinny** » Mon Oct 29, 2007 12:43 am

dsab85, see also Residence permit issued to a national from an EEA country and EEA family member residence stamp.

Pasha wrote:Does anyone know if it is compulsory to have been graned the EEA Family Permit in order for my non-EEA spouse EEA 2 application to be valid and considered for her residence permit? She is currently on a vistors visa.

See also European Casework Instructions, Chapter 2 - Rights of Non-EEA National family members of European Economic Area (EEA) Nationals (3 Issue of a residence card). I believe that it is not compulsory to hold an EEA Family Permit before applying for a residence card.

However, there may be other considerations if you are a national of some EEA countries. See also European Casework Instructions, Chapter 7 - Accession State Nationals.

VictoriaS · Post by **VictoriaS** » Mon Oct 29, 2007 2:55 pm

No, it is not compulsory. But it cuts the length of time she has to wait from about 6 months to possibly as little as two.

Victoria

Pasha · Post by **Pasha** » Mon Oct 29, 2007 7:33 pm

Thanks for your replies.

We were thinking of booking an appointment to go in in person to submit our EEA 1 and EEA 2 forms to the Home Office. Hopefully, they may deal with it quicker as I will be submitting my application at the same time.

Although my wife is here on a visit visa, am I correct in thinking that she cannot work or take up employment whilst awaiting the residence permit? Or can she work because she is married to an EU National?

yankeegirl · Post by **yankeegirl** » Mon Oct 29, 2007 9:32 pm

They will not accept the EEA2 application in person; that can only be made by post. Once they receive the application, it states that she is able to work while the application is being processed and will give a phone numbers for potential employers to call if needs be.

Pasha · Post by **Pasha** » Mon Nov 05, 2007 9:47 pm

We will submit applications EEA1 and EEA2 via post. Thanks for the advise, that safe us a trip.

Is there an approximate time in which the Home Office will issue confirmation of my wifes EEA2 application so that she can then use this document for employment purposes?

thsths · Post by **thsths** » Mon Nov 05, 2007 10:09 pm

Pasha wrote:Is there an approximate time in which the Home Office will issue confirmation of my wifes EEA2 application so that she can then use this document for employment purposes?

2 weeks in theory, but it can be up to 4. It could be quite a bit faster if they sent it first class (which they don't). Actually, if you ask (sue?) them for compensation (lost income etc), you should stand a pretty good chance of getting it, because the confirmation is supposed to be immediate.

yankeegirl · Post by **yankeegirl** » Mon Nov 05, 2007 10:23 pm

I'm sure it varies, but received my confirmation letter a week after sending in my application.

Pasha · Post by **Pasha** » Mon Nov 05, 2007 10:34 pm

Should there is any unreasonable delay, would things such as confirmation of any offers of employment suffice to expediate issuing of acknowledgment of application being considered?

thsths · Post by **thsths** » Tue Nov 06, 2007 8:46 am

Pasha wrote:Should there is any unreasonable delay, would things such as confirmation of any offers of employment suffice to expediate issuing of acknowledgment of application being considered?

You can try. But I asked for a confirmation to be sent "immediately", and it took over 3 weeks. Just do it, calculate your losses, and ask a lawyer whether you can recoup them.

Docterror · Post by **Docterror** » Tue Nov 06, 2007 11:12 pm

thsths, I do not entirely agree with that.

It is clear that the HO states that they are only confirming your right to work and not denying you the right as such. If you can find work and have to prove that to the employer that you have the right to work, the onus of proof lies on you and since the HO is in no way stopping you from working, I do not think you have any legal basis to sue them.

thsths · Post by **thsths** » Wed Nov 07, 2007 9:17 am

Docterror wrote:It is clear that the HO states that they are only confirming your right to work and not denying you the right as such. If you can find work and have to prove that to the employer that you have the right to work, the onus of proof lies on you and since the HO is in no way stopping you from working, I do not think you have any legal basis to sue them.

I admit that you have the theoretical right to work, but it widely accepted that it is de facto impossible to exercise it. The main reason is that the government itself (check your workers) asks to check for an endorsement from the Home Office before employing a "migrant worker".

Pasha · Post by **Pasha** » Wed Nov 07, 2007 9:40 pm

It is clear that the HO states that they are only confirming your right to work and not denying you the right as such. If you can find work and have to prove that to the employer that you have the right to work, the onus of proof lies on you and since the HO is in no way stopping you from working.

Although my wifes rights to reside and work in the UK is assumed and inherent on our marriage as opposed to her ability to produce evidence of this by way of Home Office documents, the type of jobs she is qualified for will require CRB Clearance as an IT Security Professional. Is there any legislation you could point me too that we should look and have ready to hand just incase there are any delays in the Home Office issuing documents to show to employers?

Docterror · Post by **Docterror** » Wed Nov 07, 2007 10:54 pm

Quotes from the HO website regarding EEA nationals :-

Can my family work in the United Kingdom?

Yes, your family can work in the United Kingdom and they do not need a work permit.

Your non-EEA national family members can apply for a Residence Card which confirms that they have a right to live with you in the United Kingdom.

Also have a look of 1.1 of these IDIs

Remember that all these may still not be enough to convince prospective employers about the right to work, which exactly is why the HO issue Residence Cards even though it is not compulsory to have one under the UK Regulations. I just do not think that lawsuit against the HO for damages for something they are not responsible for, as they too clearly agree that the non-EEA family member has the right to work, will be deemed as frivolous. You have a better chance suing the employer... not that I am giving away ideas here.

stonyb · Post by **stonyb** » Fri Nov 09, 2007 10:20 am

My step-daughter is a non-EEA national who has been married to an EEA national (Spanish) for 5 years. They have both been living and working in the UK for more than five years. She applied on EEA2 for Perm Residence Card, 28 days before her initial 5 year right to reside (as wife of an EEA national) expired. It is now almost three months since she received acknowledgement of the application but has heard nothing further.

Does anyone on this board have any recent experience of how long it is taking to process EEA2 applications.

Docterror · Post by **Docterror** » Fri Nov 09, 2007 10:39 am

Why did she use the EEA2 for the Permanent Residence Card?

stonyb · Post by **stonyb** » Fri Nov 09, 2007 10:50 am

Jabi - you are right - thanks for pointing out it should not have been EEA2 - in fact it was EEA4 that was submitted.

yankeegirl · Post by **yankeegirl** » Fri Nov 09, 2007 2:33 pm

http://www.ind.homeoffice.gov.uk/applyi ... unationals

have a look at the bottom of the page. Currently they are working on EEA4 applications received in July 2007, so it seems she has a nother few months to go.

magata · Post by **magata** » Sat Nov 10, 2007 8:24 am

stonyb
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Joined: 09 Nov 2007
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Location: UK
Posted: Fri Nov 09, 2007 10:20 am Post subject: EEA2 - Processing time

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My step-daughter is a non-EEA national who has been married to an EEA national (Spanish) for 5 years. They have both been living and working in the UK for more than five years. She applied on EEA2 for Perm Residence Card, 28 days before her initial 5 year right to reside (as wife of an EEA national) expired. It is now almost three months since she received acknowledgement of the application but has heard nothing further.

Does anyone on this board have any recent experience of how long it is taking to process EEA2 applications.
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Docterror
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Posted: Fri Nov 09, 2007 10:39 am Post subject:

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Why did she use the EEA2 for the Permanent Residence Card?
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stonyb
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Posted: Fri Nov 09, 2007 10:50 am Post subject:

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Jabi - you are right - thanks for pointing out it should not have been EEA2 - in fact it was EEA4 that was submitted.
_________________
Stonyb

In my own experience, If I were you I would not to go by the EEA the web page. See this link http://www.immigrationboards.com/viewtopic.php?t=19459

regards

Immigrationboards.com: Immigration, work visa and work permit discussion board

EEA2-Does UK Issue Residence Cards or only stamp the Passp.?

EEA2-Does UK Issue Residence Cards or only stamp the Passp.?

EEA2-Does UK Issue Residence Cards or only stamp the Passp.?

EEA2 - Processing time