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EEA2 application - Staying in the UK

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

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iknownothing
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EEA2 application - Staying in the UK

Post by iknownothing » Thu Nov 17, 2011 2:43 pm

My partner came to the UK on a visit visa for 6 months. We had been living together in Thailand and I came to England for work. I am a dual national. English and Irish. I just recently was told about the EEA2. I have applied as an Irish citizen.

I put in an application for the EEA2 for my Thai partner on 25th Oct.

Her visit visa will expire in 7 days. When she is awaiting a dcision on her EEA2 application does she have the right to stay in the UK or must she travel back to Thailand?

I have also not yet recieved a certificate of application but I have read on here that it can take months even for that.

Thank you for any help

iknownothing
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Post by iknownothing » Thu Nov 17, 2011 2:57 pm

actually wondering if I can apply for an EEA family permit for her somewhere, like the one that can be issued on arrival?

Please help :cry:

thanks.

JESSIES
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Post by JESSIES » Thu Nov 17, 2011 6:52 pm

Hi

I think you need to speak with a solicitor.
I'm currently on an expired Tier 1 visa. I applied for an EEA2 just before my Tier 1 expire so legally my tier 1 is still valid. I know if you are on a work-related visa, it will continue on even if it is expired, but i am not sure about a tourist visa.

iknownothing
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Post by iknownothing » Thu Nov 17, 2011 8:21 pm

Thanks JESSIES,
I am trying to find out where I might get an EEA family permit for my Thai partner so she can remain here while awaiting a decision on the EEA2 form.

JESSIES
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Post by JESSIES » Thu Nov 17, 2011 8:41 pm

I am abit confused. So she is on a tourist visa but you have applied for a EEA2 residence visa? Is that what you mean> How can you apply for a EEA2 residence visa without getting the family permit first, if she is only on a tourist visa?

seputus
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Post by seputus » Thu Nov 17, 2011 8:49 pm

JESSIES wrote:I am abit confused. So she is on a tourist visa but you have applied for a EEA2 residence visa? Is that what you mean> How can you apply for a EEA2 residence visa without getting the family permit first, if she is only on a tourist visa?
Coz she came here as a tourist, and then decided to stay and live as the partner of an EEA national. :)

Jambo
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Post by Jambo » Thu Nov 17, 2011 8:59 pm

Your partner is in a delicate situation.

As you are not married, until the HO recognise your relationship, your partner is not consider "Family member of EEA national" and can not enjoy from EEA regulations.

You can ask for her passport back and it will not affect the progress of the application but if her visa runs out in 7 days, she will most likely overstay her visa. What was her original plan? to go back home at the end of the 6 months?
A EEA Family Permit must be applied for outside the UK. She can apply from Europe if she wish but taking into account that it might take several weeks to get, it might be cheaper to go back home and apply there. You also might have difficulties providing evidence regarding your relationship as I presume it is with the HO now for the Residence Card application.

JESSIES
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Post by JESSIES » Thu Nov 17, 2011 8:59 pm

I could be completely wrong but i thought you needed to have a residence document confirming a right of residence in the UK, such as a work visa, to apply for a EEA2 within the UK. If you don't have right of residence, you need to apply for a Family permit first? Not sure now.

JESSIES
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Post by JESSIES » Thu Nov 17, 2011 9:04 pm

I meant if SHE does not have a right of residence, then should would have to apply for a family permit before she can apply for a residence card??

iknownothing
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Post by iknownothing » Thu Nov 17, 2011 11:48 pm

Thank you for your help.

She came here on a tourist visa because it was planned to be a 6 month stay. I was then going to go for a UK settlement visa. After some research I found out about the EU treaty rights I have as a UK and Irish citizen. When I discovered about the EEA option I tried to find out how to get an EEA family permit but I was told this was purely to get entry. She doesnt need it as she's here already.

I was advised to go straight for the EEA2 for her now she's here. The problem is the slow processing will mean she needs to leave before the decision. It's for this reason that I am trying to see if I can transfer her to a family permit. I can prove the relationship for a 4 year period but all my documents are sent for the EEA2 application.

When I read about some partners applying for the family permit upon arrival I was hoping there was somewhere I could go to speak to an entry clearance officer. Someone who could issue the permit. Can I drive to an embassy, an agency building, anything?

This system is like a blackhole. No way to get to see anyone. Just that stupid helpline. I called it 7 times yesterday. No answer.

Thanks

Punjab
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Post by Punjab » Fri Nov 18, 2011 8:50 am

as long as HO has ur passport and you have coa no one can expel anyone. also if you are married there are very rare chances to get deported.
my fmrs expired while my p[assport was with HO but never had any problem. best wishes dotn go to solicitor etc as you have a clear case why to waste money if u can do things for free..

iknownothing
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Post by iknownothing » Fri Nov 18, 2011 10:06 am

Punjab wrote:as long as HO has ur passport and you have coa no one can expel anyone. also if you are married there are very rare chances to get deported.
my fmrs expired while my p[assport was with HO but never had any problem. best wishes dotn go to solicitor etc as you have a clear case why to waste money if u can do things for free..
Thank you Punjab

Unfortunately the problem is:

1.my partner has a visit visa, (no family permit) which will expire
2.She has not recieved a COA, we applied 4 weeks ago.

iknownothing
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Post by iknownothing » Fri Nov 18, 2011 1:34 pm

calling ukba for 4 hours now, Still no answer. What a great system.

0151 672 5626

iknownothing
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Post by iknownothing » Fri Nov 18, 2011 2:38 pm

iknownothing wrote:calling ukba for 4 hours now, Still no answer. What a great system.

0151 672 5626
5 hours now...

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Nov 18, 2011 3:27 pm

How long have you been living together?

You entered the UK on your Irish passport?

iknownothing
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Post by iknownothing » Fri Nov 18, 2011 4:25 pm

Directive/2004/38/EC wrote:How long have you been living together?

You entered the UK on your Irish passport?
Ok finally got a response after nearly 6 hours.

Yes I have only an Irish passport and it's all I've ever used.
Lived together for 36 months.

Partner is granted permission to stay by application of the EEA2 form. I can hardly believe it. EEA2 superseeds the visit visa.

Just have to wait for the EEA2 decision.

What a day.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Nov 18, 2011 4:42 pm

I would tend to encourage your partner to remain in the UK until the results of the RC application.

If you were married, travel would be no problem. But since she falls into the OFM cateogry, reentering the UK might be a hassle or difficult or possibly refused.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Nov 18, 2011 11:05 pm

[quote="iknownothing"]Thank you for your help.

She came here on a tourist visa because it was planned to be a 6 month stay. I was then going to go for a UK settlement visa. After some research I found out about the EU treaty rights I have as a UK and Irish citizen. When I discovered about the EEA option I tried to find out how to get an EEA family permit but I was told this was purely to get entry. She doesnt need it as she's here already.

I was advised to go straight for the EEA2 for her now she's here. The problem is the slow processing will mean she needs to leave before the decision. It's for this reason that I am trying to see if I can transfer her to a family permit. I can prove the relationship for a 4 year period but all my documents are sent for the EEA2 application.

When I read about some partners applying for the family permit upon arrival I was hoping there was somewhere I could go to speak to an entry clearance officer. Someone who could issue the permit. Can I drive to an embassy, an agency building, anything?

This system is like a blackhole. No way to get to see anyone. Just that stupid helpline. I called it 7 times yesterday. No answer.

Thanks[/quote]

Firstly, can I say that I hope everything works out in the end. Can you please go and read the ins and outs of directive 2004/38/EC and the 2006 immigration regulations?

I remember replying to your posts before. I cautioned at that time that an unsuccessful application could put future other applications in doubt. Your friend came on a visit visa and that is meant for visiting / tourism.

That said, she can apply for an RC now that she is here. As she comes under "other family member" it is more onerous to prove. That's why I strongly suggest that you review the directive and corresponding regulations.

You mention dual nationality. How has this come about? Can you be specific? How have you achieved dual nationality? It may or may not matter to your case.

JESSIES
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Post by JESSIES » Sat Nov 19, 2011 2:00 am

In response to Directive's comment, my solicitor suggested the same thing to me, that I should stay in the UK as I am on an expired Tier 1 visa as there could be problems re-entering the UK. Also I my work rights on the Tier 1 would no longer be valid if I left the UK before I receive the EEA visa

JESSIES
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Post by JESSIES » Sat Nov 19, 2011 2:03 am

I am also in an unmarried partner situation, by French partner and I have been living together for 4 years and we own property together. My solicitor said that beyond proving that you live together, what you need to prove to immigration (as an unmarried partner) is your intentions to have a future together. Things like property and children are more solid evidence, solicitor said.

iknownothing
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Post by iknownothing » Mon Nov 21, 2011 10:39 am

EUsmileWEallsmile wrote:
iknownothing wrote:Thank you for your help.

She came here on a tourist visa because it was planned to be a 6 month stay. I was then going to go for a UK settlement visa. After some research I found out about the EU treaty rights I have as a UK and Irish citizen. When I discovered about the EEA option I tried to find out how to get an EEA family permit but I was told this was purely to get entry. She doesnt need it as she's here already.

I was advised to go straight for the EEA2 for her now she's here. The problem is the slow processing will mean she needs to leave before the decision. It's for this reason that I am trying to see if I can transfer her to a family permit. I can prove the relationship for a 4 year period but all my documents are sent for the EEA2 application.

When I read about some partners applying for the family permit upon arrival I was hoping there was somewhere I could go to speak to an entry clearance officer. Someone who could issue the permit. Can I drive to an embassy, an agency building, anything?

This system is like a blackhole. No way to get to see anyone. Just that stupid helpline. I called it 7 times yesterday. No answer.

Thanks
Firstly, can I say that I hope everything works out in the end. Can you please go and read the ins and outs of directive 2004/38/EC and the 2006 immigration regulations?

I remember replying to your posts before. I cautioned at that time that an unsuccessful application could put future other applications in doubt. Your friend came on a visit visa and that is meant for visiting / tourism.

That said, she can apply for an RC now that she is here. As she comes under "other family member" it is more onerous to prove. That's why I strongly suggest that you review the directive and corresponding regulations.

You mention dual nationality. How has this come about? Can you be specific? How have you achieved dual nationality? It may or may not matter to your case.
After a long talk with a person working at the EEA office in Liverpool I was assured that my partner is ok to remain in the UK. I was very concerned about her receiving a black mark for overstaying but I am told that the UKBA will see she had applied as a family member with the EEA2 form.

Both my parents are Irish and I was born in the UK. This is why I have dual citizenship. I have actually only ever used my Irish passport for any travel. All of my visa stamps and travel proof is in my Irish passport. I was living in Thailand before coming to the UK to work.

So now I just have to wait. Luckily it seems I may now be able to enjoy Christmas, New Year and most importantly my partner's birthday here in the UK. I just hope she recieves the RC.


Thanks

iknownothing
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Post by iknownothing » Tue Jan 24, 2012 3:01 pm

Hi,

we got the 5 year residence as the unmarried partner of an EU national. It arrived on the weekend. :D Not too long waiting when you consider Christmas and New year holidays.

Thank you everyone. It is the best news I could have had. So many problems have been overcome by this decision. We can get on with life now.

However I want to know now if my partner can travel with me to Europe for a holiday. Because she has an EEA family permit do we need a schengen visa? I have read she can travel to Europe without a visa if she goes with me and if it is for a short duration.

I hope this is correct.

Thank you

-Jack

iknownothing
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Post by iknownothing » Thu Jan 26, 2012 3:35 pm

bump

Jambo
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Post by Jambo » Thu Jan 26, 2012 3:51 pm

iknownothing wrote:Hi,

we got the 5 year residence as the unmarried partner of an EU national. It arrived on the weekend. :D Not too long waiting when you consider Christmas and New year holidays.

Thank you everyone. It is the best news I could have had. So many problems have been overcome by this decision. We can get on with life now.

However I want to know now if my partner can travel with me to Europe for a holiday. Because she has an EEA family permit do we need a schengen visa? I have read she can travel to Europe without a visa if she goes with me and if it is for a short duration.

I hope this is correct.

Thank you

-Jack
Just a few posts below this one: NON EEA Family member traveling to france.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat Jan 28, 2012 10:43 pm

iknownothing wrote:Hi,

we got the 5 year residence as the unmarried partner of an EU national. It arrived on the weekend. :D Not too long waiting when you consider Christmas and New year holidays.

Thank you everyone. It is the best news I could have had. So many problems have been overcome by this decision. We can get on with life now.

However I want to know now if my partner can travel with me to Europe for a holiday. Because she has an EEA family permit do we need a schengen visa? I have read she can travel to Europe without a visa if she goes with me and if it is for a short duration.

I hope this is correct.

Thank you

-Jack
Good for you and partner! I'm glad to hear of your success.

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