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Resident certificate for spouse

Posted: Sat May 11, 2013 8:20 am
by kratosdot
I got an application from the home office today but my wife was giving the RC which is wrong. My wife is EU and i am the one that needs the RC , although i requested for my passport back some few weeks back. What do you think i should do now.

Posted: Sat May 11, 2013 8:48 am
by Jambo
Did your wife apply using form EEA1? Could it be that you wife received a Residence Certificate as a vignette inside a blue booklet (which is issued to EEA nationals) and not a Residence Card (which is issued to non EEA national) ?

Posted: Sat May 11, 2013 12:54 pm
by kratosdot
Yes , it was in a blue booklet. She did not apply for EEA1 . Do i need to call the home office ?
Jambo wrote:Did your wife apply using form EEA1? Could it be that you wife received a Residence Certificate as a vignette inside a blue booklet (which is issued to EEA nationals) and not a Residence Card (which is issued to non EEA national) ?

Posted: Sat May 11, 2013 2:08 pm
by Jambo
Didn't your wife provide photos with the application? I would be surprised if they issued her a document without providing photos.

I assume the sticker in the booklet says "Residence Certificate".

Didn't you receive your passport? You can contact the HO to verify your application is still under consideration. It can still take several months from the date your wife's document has been issued.

Posted: Sat May 11, 2013 2:18 pm
by sheraz7
kratosdot wrote:Yes , it was in a blue booklet. She did not apply for EEA1 . Do i need to call the home office ?
Seems like HO issue mistakenly EEA1 registration certificate to EU national.

Posted: Sat May 11, 2013 3:53 pm
by kratosdot
" residence documentation" Was written on the blue paper that was sent to me . Yes her photo was there too

Jambo wrote:Didn't your wife provide photos with the application? I would be surprised if they issued her a document without providing photos.

I assume the sticker in the booklet says "Residence Certificate".

Didn't you receive your passport? You can contact the HO to verify your application is still under consideration. It can still take several months from the date your wife's document has been issued.

Posted: Sat May 11, 2013 4:55 pm
by Obie
They seem to have issued a Registration Certificate to your wife, which is all fine, provided of course she applied for one. On the basis of your post, this does not seem to be the case.

I will advise you contact them to check if your application is still live.

Did you receive a COA after making your application?

If you application is still under consideration, then the fact that they issued her with a RC, makes no material difference to your situation. If any thing it is a plus.

Posted: Sun May 12, 2013 1:19 am
by too old
sheraz and obie i got one question, does HO issue registration certificate to EU national anyway when a non eu national send application for RC. ??

Posted: Sun May 12, 2013 8:34 am
by EUsmileWEallsmile
What exactly does the residence document say? Can you type it out please?

Posted: Sun May 12, 2013 9:04 pm
by kratosdot
Its says" UK Residence Documentation for National of an EEA State" That is wat was written on the front page of card.. Inside the card " Is like a visa but it as no expire date and it contains my spouse details " Please i need advice on whether to call the home office or not.
EUsmileWEallsmile wrote:What exactly does the residence document say? Can you type it out please?

Posted: Mon May 13, 2013 4:26 am
by sheraz7
Its residence certificate for EU National. Have you previously received any COA? Are you sure that you downloaded, printed and sent EEA2 form instead of EEA1 form.

Posted: Mon May 13, 2013 8:01 am
by Jambo
kratosdot wrote:" residence documentation" Was written on the blue paper that was sent to me . Yes her photo was there too
Did you wife actually provide the photo with your application? I would be very surprised if they had scanned her passport and issue the sticker based on that. They normally require the photos to be provided.

Posted: Mon May 13, 2013 8:20 am
by flipper77
too old wrote:sheraz and obie i got one question, does HO issue registration certificate to EU national anyway when a non eu national send application for RC. ??
No - they don't automatically issue the document to the EEA national. It needs to be requested (applied for), and a photo needs to be provided too.

Posted: Mon May 13, 2013 11:09 am
by kratosdot
Yes i did download the EEA2 form and i also have a COA. Now i called my lawyer and she says my application will be withdrawn because i requested for my passport back. The home office said something different although the letter that came with my passport when i requested for it says " Please do not return your passport until the caseworker request for it" I am not lost because i don't know if my application as been withdrawn or its still there.
sheraz7 wrote:Its residence certificate for EU National. Have you previously received any COA? Are you sure that you downloaded, printed and sent EEA2 form instead of EEA1 form.

Posted: Mon May 13, 2013 12:11 pm
by Jambo
kratosdot wrote:Yes i did download the EEA2 form and i also have a COA. Now i called my lawyer and she says my application will be withdrawn because i requested for my passport back. The home office said something different although the letter that came with my passport when i requested for it says " Please do not return your passport until the caseworker request for it" I am not lost because i don't know if my application as been withdrawn or its still there.
Unlike applications under UK national immigration rules, applications under EEA Regulations don't get withdrawn if you ask for your documents back. It seems that you lawyer is not very familiar with the EEA regulations.

Posted: Mon May 13, 2013 12:23 pm
by flipper77
Jambo wrote:Unlike applications under UK national immigration rules, applications under EEA Regulations don't get withdrawn if you ask for your documents back. It seems that you lawyer is not very familiar with the EEA regulations.
It certainly does sound like the lawyer isn't familiar with the EEA regulations - and I'm wondering if because of that, the lawyer has submitted the EEA1 application...

Posted: Mon May 13, 2013 12:43 pm
by sheraz7
kratosdot wrote:Yes i did download the EEA2 form and i also have a COA. Now i called my lawyer and she says my application will be withdrawn because i requested for my passport back. The home office said something different although the letter that came with my passport when i requested for it says " Please do not return your passport until the caseworker request for it" I am not lost because i don't know if my application as been withdrawn or its still there.
sheraz7 wrote:Its residence certificate for EU National. Have you previously received any COA? Are you sure that you downloaded, printed and sent EEA2 form instead of EEA1 form.
Requesting back passport does not mean that the application is withdrawn as because it does not affect the processing of case and if the caseworker has no passport at decision time then EEA2 Rc is normally issued on A4 sized page. Just skip your lawyer, contact them immediately and tell the actual situation and double confirm the existence of your application with them.

Posted: Mon May 13, 2013 1:13 pm
by Directive/2004/38/EC
I am always curious: How much did your lawyer charge you for assisting with your application?

Posted: Mon May 13, 2013 7:16 pm
by EUsmileWEallsmile
kratosdot wrote:Its says" UK Residence Documentation for National of an EEA State" That is wat was written on the front page of card.. Inside the card " Is like a visa but it as no expire date and it contains my spouse details " Please i need advice on whether to call the home office or not.
EUsmileWEallsmile wrote:What exactly does the residence document say? Can you type it out please?
Sorry, I should have been clearer. What does the visa sticker say?

Posted: Mon May 13, 2013 9:24 pm
by Jambo
It seems we are all just guessing here. As you applied using a lawyer. I suggest:

a) you ask for his advice.
b) you ask him which applications he actually submitted - EEA1, EEA2 or both.

Posted: Mon May 13, 2013 9:26 pm
by Obie
I don't believe the lawyer made any mistakes or acted inappropriately in this circumstance. The mistake was purely of UKBA's making.

As far as you are concerned you still have a live application, which has not been withdrawn.

After the 6 months has passed, you could write to them and ask whats happening to your application, and take it from there.

Posted: Tue May 14, 2013 7:08 am
by kratosdot
EUsmileWEallsmile wrote:
kratosdot wrote:Its says" UK Residence Documentation for National of an EEA State" That is wat was written on the front page of card.. Inside the card " Is like a visa but it as no expire date and it contains my spouse details " Please i need advice on whether to call the home office or not.
EUsmileWEallsmile wrote:What exactly does the residence document say? Can you type it out please?
Sorry, I should have been clearer. What does the visa sticker say?
Its says " Residence documentation"
name:
place of issue: liverpool
type of document: Registration certificate
Document renewal date: Nothing was written there.

Posted: Tue May 14, 2013 7:13 pm
by EUsmileWEallsmile
Thanks for clarifying that. Registration certificates are issued to EU nationals, (which you probably knew yourself)