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EEA2 application while TIER 4 student

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

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goodpartner
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Ukraine

EEA2 application while TIER 4 student

Post by goodpartner » Thu Mar 22, 2018 4:31 am

Hello everybody,
We got married 1.5 month ago. We are same sex couple. I am a student on Tier 4 visa, my partner is Self-employed. Now, I have some questions for which I have not found any answers.

1. How the process of switching is done? I assume that by just sending documents to Home office?!

2. What documents do i need to provide them? Check and correct if i am wrong.
1. Passports (mine and my partner's) Also my Residence permit (as i understand)
2. Marriage certificate( It is Danish, we got married in Denmark is it ok?)
3. Proof of self-employed status namely ( Bank statements, UTR number, A letter from compony which he works with, Invoices)
4. Do i need to send bills on the same adress? Or it is not necessary? Because we have been living together for 6 months, but we did not receive bills, we started only now. Gas bills, and mobile bills? Also, may be it is better to open joint bank account???


What i am worried about is that my partner became self-employed only in September. He did not even make his self-assessment form?


Thank you!

goodpartner
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Ukraine

Re: EEA2 application while TIER 4 student

Post by goodpartner » Fri Mar 23, 2018 5:59 am

please, somebody help!

thsths
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Re: EEA2 application while TIER 4 student

Post by thsths » Fri Mar 23, 2018 7:20 am

goodpartner wrote:
Thu Mar 22, 2018 4:31 am
1. How the process of switching is done? I assume that by just sending documents to Home office?!

2. Marriage certificate( It is Danish, we got married in Denmark is it ok?)
In principle this is a simple process - but the fact that you married abroad while under UK immigration law may raise suspicion that this could be a marriage of convenience. Have a look on the forum, there are a number of stories about it. I would make extra sure that the application ticks all the boxes: documents are translated where necessary (or can you get an English version), you include evidence about an ongoing relationship, you document the nature of the self employment, etc

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lunallena
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Re: EEA2 application while TIER 4 student

Post by lunallena » Fri Mar 23, 2018 8:13 am

You may find this link useful

https://www.gov.uk/government/uploads/s ... -04_KP.pdf

Submit whatever documents you have addressed to both of you or separately to the same address (even if they are from another country). Your marriage certificate must be translated into English. Ask some close friends/relatives to write letters to support the genuineness of your relationship.

goodpartner
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Re: EEA2 application while TIER 4 student

Post by goodpartner » Fri Mar 23, 2018 3:09 pm

thsths wrote:
Fri Mar 23, 2018 7:20 am
goodpartner wrote:
Thu Mar 22, 2018 4:31 am
1. How the process of switching is done? I assume that by just sending documents to Home office?!

2. Marriage certificate( It is Danish, we got married in Denmark is it ok?)
In principle this is a simple process - but the fact that you married abroad while under UK immigration law may raise suspicion that this could be a marriage of convenience. Have a look on the forum, there are a number of stories about it. I would make extra sure that the application ticks all the boxes: documents are translated where necessary (or can you get an English version), you include evidence about an ongoing relationship, you document the nature of the self employment, etc

I will include of course the evidence about an ongoing relationship. But correct me if I am wrong, but now I am under european law not under UK immigration law?!?

Thank you.

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CR001
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Re: EEA2 application while TIER 4 student

Post by CR001 » Fri Mar 23, 2018 3:12 pm

goodpartner wrote:
Fri Mar 23, 2018 3:09 pm
thsths wrote:
Fri Mar 23, 2018 7:20 am
goodpartner wrote:
Thu Mar 22, 2018 4:31 am
1. How the process of switching is done? I assume that by just sending documents to Home office?!

2. Marriage certificate( It is Danish, we got married in Denmark is it ok?)
In principle this is a simple process - but the fact that you married abroad while under UK immigration law may raise suspicion that this could be a marriage of convenience. Have a look on the forum, there are a number of stories about it. I would make extra sure that the application ticks all the boxes: documents are translated where necessary (or can you get an English version), you include evidence about an ongoing relationship, you document the nature of the self employment, etc

I will include of course the evidence about an ongoing relationship. But correct me if I am wrong, but now I am under european law not under UK immigration law?!?

Thank you.
Yes, provided your wife is a qualified person exercising treaty rights.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

goodpartner
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Ukraine

Re: EEA2 application while TIER 4 student

Post by goodpartner » Sat Mar 24, 2018 6:15 am

CR001 wrote:
Fri Mar 23, 2018 3:12 pm
goodpartner wrote:
Fri Mar 23, 2018 3:09 pm
thsths wrote:
Fri Mar 23, 2018 7:20 am
goodpartner wrote:
Thu Mar 22, 2018 4:31 am
1. How the process of switching is done? I assume that by just sending documents to Home office?!

2. Marriage certificate( It is Danish, we got married in Denmark is it ok?)
In principle this is a simple process - but the fact that you married abroad while under UK immigration law may raise suspicion that this could be a marriage of convenience. Have a look on the forum, there are a number of stories about it. I would make extra sure that the application ticks all the boxes: documents are translated where necessary (or can you get an English version), you include evidence about an ongoing relationship, you document the nature of the self employment, etc

I will include of course the evidence about an ongoing relationship. But correct me if I am wrong, but now I am under european law not under UK immigration law?!?

Thank you.
Yes, provided your wife is a qualified person exercising treaty rights.


I mean the question is If my student residence card (TIER 4) will end, and do i need to apply for residence card (EEA2) before the expiration of TIER 4? And will i be in breach of immigration law in this case? is it principal question? My partner is a qualified person.

Thank you.

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CR001
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Re: EEA2 application while TIER 4 student

Post by CR001 » Sat Mar 24, 2018 8:14 am

If you are married to a EU citizen who is qualified, your rights of residence are automatic. An EEA RC is not mandatatory but it will be needed for you to prove your right to work/rent etc.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

goodpartner
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Re: EEA2 application while TIER 4 student

Post by goodpartner » Tue Apr 03, 2018 12:41 am

Hello everybody,
at first I want to say thank you for your help. It really matters to me.

Now, We are preparing my application. I have some sort of questions because It is an important issue for me. I understand that our marriage is not long, we got married in the end of February. We started to live together in October 2017. I understand the marriage is young and we got married in Denmark, we had our personal reasons why. Our preferences. However now, while fulfilling my application, i want to do everything perfect. I am on Tier 4 visa, it expiries in the end of August. I am in the Uk, already almost 2.6 years. We have same-sex marriage. It is obvious we don't want to go to live to our counties because in Ukraine it is impossible legally, and in his home country too though it is EU country. (post-soviet union country)


He is self-employed. He is in construction.

I understand that i need to provide documentation confirming his exercising treaty rights. ( UTR number, self-assessment, invoices, bank-account)
From last month we have joint bank account. before we had separate bank statements. We have documentation proving that we lived together from October HIS HOME REVENUE documents and bank statements, and my bank statements. that we visited gym and swimming pool together (we have joint-family membership)
We are living with a friend of his. Do we need to ask her to give as a letter confirming that we lived together from October?

Pictures us together with friends and together. Gas Bills we will start only to receive from this months ( is it important to include them if they are from APRIL?) It is not possible to get COUNCIL TAX...
Phone statements we both have contract mobile sim cards. For 3 months.

My sponsor helps me with money. Do i need to somehow prove it?


I am preparing very much, because after some researching this forum i realized that home office is crazy. And i don't want to be faced with rude staff..... I am not scared but i don't want to have grey hair because of that..



Thank you for your help, advice is appreciated!!!!

goodpartner
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Re: EEA2 application while TIER 4 student

Post by goodpartner » Tue Apr 03, 2018 12:36 pm

please

goodpartner
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Re: EEA2 application while TIER 4 student

Post by goodpartner » Thu Apr 05, 2018 5:56 pm

Guys please, help me with that.

aw17
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Re: EEA2 application while TIER 4 student

Post by aw17 » Thu Apr 05, 2018 10:17 pm

goodpartner wrote:
Thu Apr 05, 2018 5:56 pm
Guys please, help me with that.
i can understand your frustration. it same like my story i was also on tier 4. i was also married in other eu country not in uk. and got my residence card. just one thing if you are genuine couple and your husband/ wife excersie treaty rights you will get your residence permit

goodpartner
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Ukraine

Re: EEA2 application while TIER 4 student

Post by goodpartner » Fri Apr 06, 2018 12:30 am

aw17 wrote:
Thu Apr 05, 2018 10:17 pm
goodpartner wrote:
Thu Apr 05, 2018 5:56 pm
Guys please, help me with that.
i can understand your frustration. it same like my story i was also on tier 4. i was also married in other eu country not in uk. and got my residence card. just one thing if you are genuine couple and your husband/ wife excersie treaty rights you will get your residence permit
Frustration because of many factors.. Not simple to live in our countries in our situation, i would say impossible. And reading about what home office does to people make me scared. I told my partner mb better to apply for extension of TIER 4, he told me not to be fool :roll:

Thank you for your reply, it really helps :!: :D

Noneabout
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Re: EEA2 application while TIER 4 student

Post by Noneabout » Fri Apr 06, 2018 8:55 am

Hi,

I went from a Tier 4 to EEA2. I was the unmarried partner of an Irish citizen. He was a student and I had just graduated back in 2012.

We supplied:
Council tax bills, utility bills, emails from the landlord to me and my partner complaining about the state of our flat, GP letters, pictures of us as a couple, pictures of him and me with my family and his family, birthday cards, anniversary cards, plane tickets for the two of us on holiday, letters from each of us explaining that we loved each other and didn’t want to be separated (his even said that he wanted to sponsor me), letters from our parents and friends, a letter from his university saying that he was studying there AND comprehensive sickness insurance covering both of us from my work.

I was approved for a Residence Card after 5.5 months. No additional questions asked or information needed from us. My Tier 4 went on to expire later in 2013 after I received my RC. I let it expire naturally.

Hope this helps!

goodpartner
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Ukraine

Re: EEA2 application while TIER 4 student

Post by goodpartner » Sun Apr 15, 2018 12:35 pm

One more question please, We decided to submit EEA2 application, in June-July. In august my visa TIER 4will expire, does it mean that i will be in breach of immigration law at the moment my applications is pending?




THANK YOU!

goodpartner
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Ukraine

Re: EEA2 application while TIER 4 student

Post by goodpartner » Wed May 16, 2018 1:34 am

CR001 wrote:
Sat Mar 24, 2018 8:14 am
If you are married to a EU citizen who is qualified, your rights of residence are automatic. An EEA RC is not mandatatory but it will be needed for you to prove your right to work/rent etc.

Sorry for bothering you, but it seems to me you are the right person who i can ask :)

My Tier 4 will expire in August, will I be in breach of immigration law if i apply in July for EEA2? Will i be overstayer?


Thank you for you help!

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CR001
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Re: EEA2 application while TIER 4 student

Post by CR001 » Wed May 16, 2018 7:42 am

No you won't be an overstayed provided you are legally married and your spouse is a qualified person exercising treaty rights.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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