EEA-(E)FM online application when EEA citizen already has DCPR?

Hi all,

Does anyone know if there's any way to use the online system for an EEA-EFM application for an unmarried partner, if the EEA citizen already has a document certifying permanent residence? Could the EEA citizen apply for the DCPR using the online form EEA-QP a second time, and include their non-EEA partner? This is because we had travel plans and would really want to avoid sending the (non-EEA partner's) passport with the paper application. Or is there any other way to not have to send the original passport away for several weeks?

Thanks!

sfljiaf wrote: ↑

Fri Feb 22, 2019 11:56 am

Could the EEA citizen apply for the DCPR using the online form EEA-QP a second time, and include their non-EEA partner?

The form is supposed to be used for applications of EEA citizens (which can sometimes include non-EEA family members, but the main applicant of the online form has to always be an EEA citizen). In your case, the EEA citizen already has the document they are applying for, thus from the HO perspective, it is not unreasonable that this application could be rejected as invalid (fees refunded, and not processed).

The fact that the non-EEA citizen meets the requirements for a valid application would not be an argument for acceptance, as the right procedure, in that case, is the paper form.

Also, to use the online form (thus not sending documents by post) one needs to go to the European Passport Checking center, which will refuse to check non-EEA passports on their own. Non-EEA passports are only accepted within the context of an application made by an EEA national who is including their family members in their application.

This is because we had travel plans and would really want to avoid sending the (non-EEA partner's) passport with the paper application.

Not a valid reason not to use the right application procedure, I'm afraid.

Thank you! I've had a closer look at this in the mean time myself, and I noticed the home office website says that if you loose your registration certificate or document certifying permanent residence, you should apply for a new one; so presumably having had one before doesn't automatically mean they would reject a new application. On the other hand, if one already holds PR, applying for a registration certificate might look strange.

More importantly though, I've spoken to my local registrar's office, and they would only copy the passports, but not the BRP. So for travelling abroad this would be useless anyway. Not 100% sure if they would copy the non-EEA passport, but it's a moot point anyway if you still have to send the original BRP.

Anyway, just in case someone else is wondering about the same in the future: I've also now found a few posts from people saying they included a pre-paid return envelope and asked for their documents back asap in the cover letter, and got them back in a couple of weeks. You can also request them back online, and should get them in a similar timeframe.

sfljiaf wrote: ↑

Sun Feb 24, 2019 5:32 pm

if you loose your registration certificate or document certifying permanent residence, you should apply for a new one

If you lose your registration certificate you should also report this to the police.

; so presumably having had one before doesn't automatically mean they would reject a new application.

No, provided you state that your previous document was lost or stolen, as the reason for your reapplying.

But since you have not lost it, the above is not what you are supposed to do. Doing this would be to lie twice, including to the police.

On the other hand, if one already holds PR, applying for a registration certificate might look strange.

Yes, since you are not declaring the loss of the document nor the issue with the police.

More importantly though, I've spoken to my local registrar's office, and they would only copy the passports, but not the BRP. So for travelling abroad this would be useless anyway.

Indeed.

Not 100% sure if they would copy the non-EEA passport,

They would as long as it is being sent as part of the application of an EEA national.

I've also now found a few posts from people saying they included a pre-paid return envelope and asked for their documents back asap in the cover letter, and got them back in a couple of weeks.

Yes, that was me.

Oh, no, I did not mean to suggest to claim a previous document was lost. In the EEA-QP form it never asks about previous applications, so it seems to me that you could simply apply again? Or if you've only done EEA-PR before for the DCPR, I wonder if you're explicitly forbidden from then later also applying for a registration certificate?
But I'm really just thinking out loud anyway, as I said without the BRP it's pointless to even consider it. And I do get your point that it's not meant to be done this way - no need to make things more complicated for a poor caseworker, I'm sure they've got plenty to deal with at the moment.

As I understand it, any documentation applied for under the EEA Regulations/EU law is only declaratory of the applicant's status on the day of the application.

See for instance Regulation 19 of the EEA Regulations.

(4) A document certifying permanent residence and a permanent residence card is—
(a) proof that the holder had a right to reside under regulation 15 on the date of issue;
(b) no longer valid if the holder ceases to have a right of permanent residence under regulation 15;
(c) invalid if the holder never had a right of permanent residence under regulation 15.

Therefore, I think it can be applied for as many times as you want (and are willing to pay for).