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Apply for EEA2 (But lost Passport&EEA family permit)

Posted: Thu Oct 04, 2012 7:55 pm
by pearykitty
Hi everyone,

I am now living in the UK already and I enter the country 2 months ago with the EEA family permit issued in Warsaw. (I am Thai and lived in Hungary before, I have a Hungarian husband)

Now I would like to apply for a resident card(EEA2) but unfortunately my bag got stolen last week and I lost my Thai passport which contained the EEA family permit as well.

My question is :
After I get a new passport from the Thai embassy, I will be able to apply for the resident card(EEA2) or not WITHOUT the EEA family permit on my new passport.???? Is this possible? Will they ask for it? Or get confuse how I enter edthe country??


(As it's not possible to apply for a new EEA permit if I already in the UK, I also cannot go back to Hungary at the moment)


Thank you for your help

:? :?

Posted: Thu Oct 04, 2012 8:36 pm
by Englandd
In this scenario once you get new passport and have all supporting documents to prove that your eea partner is excercising eu treaty rights (working, self sufficient, self employed, study etc) you can apply eea2 without any problem even without eea family permit. But you can attach a covering letter to mention about that as well (its optional). Hope this will work.

Posted: Thu Oct 04, 2012 10:25 pm
by pearykitty
Thank you very much for your suggestion!

Today I called the Border Agency, one lady on the phone answered that I need to contact the UK embassy in Europe whom issued this EEA family permit, and I should ask for "a letter of grant" to show that I really received the permit before. So I called the UK embassy in Hungary. The answer from Hungary was that "the UK border agency in the UK was the one who issued my passport so the UK in Hungary cannot give me any letter of confirmation or letter of grant"

This sounds so confusing for me as the border asked me to contact the Hungary office, but the Hungary office asked me to contact the UK border agency instead!


Thank you for your answer. It sounds really make sesne!

Posted: Fri Oct 05, 2012 12:56 pm
by Kitty
You do not need to prove you had a family permit in order to apply for a Residence Card.

You only need to show that you are married to an EEA national who is exercising treaty rights in the UK.

Unless you are umarried partners (as opposed to spouses) then the only disadvantage you are at is that you will need to wait until you receive a Certificate of Applicaiton before you can prove to potential employers that you have a right to work in the UK.

Re: Apply for EEA2 (But lost Passport&EEA family permit)

Posted: Sun Oct 07, 2012 10:29 am
by EUsmileWEallsmile
pearykitty wrote: I am now living in the UK already

I have a Hungarian husband)

Now I would like to apply for a resident card(EEA2)


After I get a new passport from the Thai embassy
As others have pointed out, you can apply from within the UK on the basis of your marriage to an EU national. I presume he is a qualified person (worker, student, self-sufficient). You will have no problem as long as you have a passport.

Contact your embassy as soon as possible, report the loss and enquire of procedure for obtaining replacement.

Thank you

Posted: Sat Oct 13, 2012 9:23 pm
by pearykitty
Thank you everyone for your answers. They are so useful and I feel much better now. :D

Posted: Sun Oct 14, 2012 10:15 pm
by Directive/2004/38/EC
You will want to apply for the RC, but just to reassure you: The lack of the passport in your hand does not change your residence status in the UK.

And as others have said, there is no requirement to even have an EEA FP before you apply for a RC