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Transfer of EEA family permit from voided passport to new 1?

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hisokajp
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Transfer of EEA family permit from voided passport to new 1?

Post by hisokajp » Mon Nov 03, 2008 8:52 pm

Hi,

I am a French citizen leaving in the UK and my wife from the US from the US joined me a couple month ago with her EEA familly permit. She has since then changed her name in her US passport and now has a brand new passport with a different name.

We are planning to go back to the US to see her family and we are trying to find out how to "transfer" her EEA family permit from her "old" passport to the new one in the UK?
I would guess that try to get back in the UK with a the EEA familly permit on her maiden name in a "voided" passport would not work, right?

thanks.

Ben
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Post by Ben » Mon Nov 03, 2008 9:31 pm

The UK does not transfer the validity of either a Residence Card or a visa (including EEA FP) from one passport to another.

If a new passport is issued, for any reason, a new application must be submitted.
If you are issued with a new passport and want your residence card or family member residence stamp transferred you will need to make a new application. You should complete the appropriate application form and provide the required supporting documents.
http://www.bia.homeoffice.gov.uk/euciti ... ropeanlaw/

How long will you be in the US for? Long enough to obtain a new EEA FP at the British embassy before your return to the UK? If not, I doubt it'll be too much of an issue..

In accordance with Directive 2004/38/EC, your wife is not required to have an EEA FP anyway (it's a UK-only invention). Entering the UK with only her passport, together with you (and of course, your passport or ID card), and your marriage certificate, is all that is required, according to EU law. Might have a fight with the immigration officer though.
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hisokajp
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Post by hisokajp » Mon Nov 03, 2008 9:42 pm

thanks for the reply.

she only had planned to stay a week, not really enough time to get the biometric done I think. She is applying online now to see the delay to go do the biometric...
The only good thing about this, is the guy from the expedited service mentioned that this time she could try to apply for a 5 year EEA FP since she already had one awarded (2 month ago) under her maiden name.

If there was not need to do the biometric and the $150 expedite fee through the agent it would not be that bad, but that is quite the waste of time and money there...
I could we should have seen that coming and have her name change before applying for the 1st EEA FP or wait to change it until we had enough time to apply for her residency card...

Ben
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Post by Ben » Mon Nov 03, 2008 9:46 pm

When do you intend to travel to the US?

Does your wife intend to live with you in the UK, and apply for a Residence Card?
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hisokajp
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Post by hisokajp » Mon Nov 03, 2008 9:54 pm

she has been with me for 2 month already, we intend to stay here for an undetermined amount of time and we were planing to send her residency card application in November and recall her passport before Xmas when we were planning on traveling in Europe.

She is going home on the 10th for family reason, so there is no time to do the application for the residency card and get her new passport back with the stamp in it...

Ben
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Post by Ben » Mon Nov 03, 2008 10:05 pm

hisokajp wrote:she has been with me for 2 month already, we intend to stay here for an undetermined amount of time and we were planing to send her residency card application in November and recall her passport before Xmas when we were planning on traveling in Europe.

She is going home on the 10th for family reason, so there is no time to do the application for the residency card and get her new passport back with the stamp in it...
Send the Residence Card application now, but send photocopies of your passports only (not originals), stating that you require your passports for travel purposes and will provide the Home Office with sight of them once the Residence Card is due to issue (which will be within 6 months of application).

Your wife's going back to the US on the 10th of November? Ok, you won't get the COA in 6 days, so keep a photocopy of the Residence Card application, in it's entirety, and have your wife carry this with her, and present it to the immigration officer upon her re-entry into the UK.
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hisokajp
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Post by hisokajp » Mon Nov 03, 2008 10:17 pm

you mean we can send both copies (certified or normal?) of my and her passport instead of the original for the application, even initial?
I thought you had to send them at the begging and have to request them back.

My wife being really anxious with all those immigration procedure is leaning toward re-applying for a new EEA FP in the US... To be on the safe side while crossing the border on her way back. I hope this time they would give her a 5 years EEA FP instead of 6 month, it would save on applying for a residency card.

Thank you for all the information, I understand better our possibilities now.

fysicus
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Post by fysicus » Tue Nov 04, 2008 8:42 am

Why do you need an EEA FP in the first place? It is only for visa nationals and US citizens can enter the UK for short stay without visa anyway, isn't it?
Once in the UK, apply for a Residence Card (according to directive 2004/38 using form EEA2). For such application it doesn't matter how you entered the UK (even if you entered illegally!); as long as you can prove that you are a family member of a qualified person it has to be granted. The processing takes usually longer than the six months that the law allows, hence never send original passports with the initial application. They will ask for them by the time the application is actually processed.

Ben
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Post by Ben » Wed Nov 05, 2008 10:30 am

fysicus wrote:Why do you need an EEA FP in the first place? It is only for visa nationals and US citizens can enter the UK for short stay without visa anyway, isn't it?
Once in the UK, apply for a Residence Card (according to directive 2004/38 using form EEA2). For such application it doesn't matter how you entered the UK (even if you entered illegally!); as long as you can prove that you are a family member of a qualified person it has to be granted. The processing takes usually longer than the six months that the law allows, hence never send original passports with the initial application. They will ask for them by the time the application is actually processed.
You are correct. The UK, however, incorrectly requires even non-visa-required nationals to obtain an EEA FP.
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Hiwa
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Post by Hiwa » Sun Mar 28, 2010 12:17 pm

Hi all,

I am an Iraqi national and my gf is an EEA national we lived together for 5.5 years. I have lived here since 2001

I got my residency card in 2008 and would like to transfer that residency card on to my passport.

Please note my residency was not issued on passport it was issued on a piece of paper.

Does anybody know the application name for me to fill in to transfer the residency card on to my passport?

Do you know how long it takes for it to be transferred?

Is there a quick way than another?

Appreciate your help

Regards,
Hiwa
Tel:07763232624

Rozen
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Post by Rozen » Sun Mar 28, 2010 1:42 pm

Hiwa wrote:Hi all,

I am an Iraqi national and my gf is an EEA national we lived together for 5.5 years. I have lived here since 2001

I got my residency card in 2008 and would like to transfer that residency card on to my passport.

Please note my residency was not issued on passport it was issued on a piece of paper.

Does anybody know the application name for me to fill in to transfer the residency card on to my passport?

Do you know how long it takes for it to be transferred?

Is there a quick way than another?

Appreciate your help

Regards,
Hiwa
Tel:07763232624
Unfortunately, EEA RCs are not 'transferred' (as such)! You will have to make a fresh application all over again (inclusive of supporting evidence).
Can take up to six months, or more! :(

Ben
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Post by Ben » Sun Mar 28, 2010 1:53 pm

Maybe just apply for a Permanent Residence Card?
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Hiwa
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Post by Hiwa » Sun Mar 28, 2010 1:54 pm

Rozen wrote:
Hiwa wrote:Hi all,

I am an Iraqi national and my gf is an EEA national we lived together for 5.5 years. I have lived here since 2001

I got my residency card in 2008 and would like to transfer that residency card on to my passport.

Please note my residency was not issued on passport it was issued on a piece of paper.

Does anybody know the application name for me to fill in to transfer the residency card on to my passport?

Do you know how long it takes for it to be transferred?

Is there a quick way than another?

Appreciate your help

Regards,
Hiwa
Tel:07763232624
Unfortunately, EEA RCs are not 'transferred' (as such)! You will have to make a fresh application all over again (inclusive of supporting evidence).
Can take up to six months, or more! :(


Thank you very much for you information.

So do you think that I can travel having not transferred this residency card on to the passport?

Ben
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Post by Ben » Sun Mar 28, 2010 1:58 pm

Hiwa wrote:
Rozen wrote:
Hiwa wrote:Hi all,

I am an Iraqi national and my gf is an EEA national we lived together for 5.5 years. I have lived here since 2001

I got my residency card in 2008 and would like to transfer that residency card on to my passport.

Please note my residency was not issued on passport it was issued on a piece of paper.

Does anybody know the application name for me to fill in to transfer the residency card on to my passport?

Do you know how long it takes for it to be transferred?

Is there a quick way than another?

Appreciate your help

Regards,
Hiwa
Tel:07763232624
Unfortunately, EEA RCs are not 'transferred' (as such)! You will have to make a fresh application all over again (inclusive of supporting evidence).
Can take up to six months, or more! :(


Thank you very much for you information.

So do you think that I can travel having not transferred this residency card on to the passport?
Carry both documents.

I'm not sure how you convinced the UKBA that you were entitled to a Residence Card by the way. Unless your circumstances are different from what you initially posted.
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Hiwa
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Post by Hiwa » Sun Mar 28, 2010 2:34 pm

removed
Last edited by Hiwa on Mon Mar 29, 2010 9:45 pm, edited 1 time in total.

Hiwa
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Post by Hiwa » Sun Mar 28, 2010 2:37 pm

none

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