Immigrationboards.com

massivo wrote:Hello everyone, i'd like to ask a few questions regarding this topic.

I am an Argentinian citizen who has been in a long term relationship (more than 3 years, almost two living together) with a EU citizen girl (italian to be specific). We have been planning on travelling to London next year with the intention of working and living for an indefinite time. Reading about the necessary requirements that I need to be able to work legally I found two options:
1) Family permit
2) Residence card

I also found this post http://www.immigrationboards.com/eea-ro ... 04045.html and thought that the best option is to apply for a residence card. My doubts are:
1) Do I need to apply for it when I arrive at the airport or do I have to apply for it from Buenos Aires? YOU CAN ONLY APPLY FOR A FAMILY PERMIT BEFORE YOUR ENTER THE UK (AT AN EMBASSY) OR YOU CAN ASK FOR STAMP 1A WHEN YOU ARRIVE AT THE BORDER WITH YOUR ITALIAN FAMILY MEMBER. IT MAY BE A LITTLE DIFFICULT TO GET THE STAMP 1A AS THEY WILL HAVE TO GO THROUGH THE DOCUMENTS PROVING YOUR RELATIONSHIP. ALSO, AS YOU NOTE BELOW, YOU DON'T ACTUALLY NEED A TOURIST VISA TO ENTER THE UK SO YOU COULD JUST FORGET ABOUT THIS.
2) I am aware that as an Argentinian I don't need a Visa to enter UK, but do I have to enter as a tourist* and THEN apply for the residence card or as I am entering as a tourist* I cannot apply for the residence card? IT DOESN'T MATTER HOW YOU ENTER THE UK. SOME PEOPLE DON'T UNDERSTAND THIS BUT YOU ARE LEGAL NO MATTER HOW YOU ENTER AS YOU ARE ENTERING WITH YOUR EUROPEAN PARTNER.

SEE THIS FROM THE HOME OFFICE (ALBEIT A WHILE BACK NOW):

"From: "European Operational Policy Enquiries";<EuropeanOperational@homeoffice.gsi.gov.uk>;
Date: Tue, Mar 4, 2014 00:18 AM
To: XX
Cc: "European Operational Policy Enquiries"<EuropeanOperational@homeoffice.gsi.gov.uk>;
Subject: RE: Civil Partner of EEA National: Already in UK on tourist visa

Dear XX,

I can confirm that there will be no implications as long as the visa was issued by either the Home Office or the Foreign and Commonwealth Office and you provide sufficient evidence with your EEA2 application.

Kind regards,

A

From: XXX
Sent: 02 March 2014 18:26
To: European Operational Policy Enquiries
Subject: Civil Partner of EEA National: Already in UK on tourist visa

To whom it may concern

I am an EEA national exercising my treaty rights in the UK (as confirmed by a successful EEA1 issued by the Home Office). My non-EEA, visa-required civil partner is currently in the UK on a short-term (6 month) UK C Visitors Visa for the purposes of tourism. We have now decided that we would like him to stay with me here in the UK and apply for a residence card (EEA2) as soon as possible.

Will there be any issues with him being present in the UK on a tourist/visitors visa? Will this affect his application for an EEA2 residence card? I know it is not possible to give a decision on his application in such a fashion, all I am asking is whether having entered the UK on a tourist/visitors visa will have any negative implications?

Many thanks
XX"

massivo wrote:Thanks Chaoclive for your quick answer. If you don't mind I'd like to make you other questions in order to have this topic as clear as possible.

1) I read every piece of information you have provided and understood that you recommend me to enter directly as a tourist and not try to get the stamp A1 (since it can be a bit difficult or lengthy due to the amount of papers I have to provide) or can I ask for stamp A1 and if it is rejected still enter as a tourist? I'M NOT SURE HOW THEY WOULD DEAL WITH IT IF YOU WERE REJECTED. I'M NOT SURE IF THEY WOULD ALLOW YOU TO ENTER.

2) In case entering as a tourist is the best and suitable option, once at the border should my girlfriend get in line with me in the "all passports" queue? Does that make any difference such as stating (somewhere) that we entered actually together as a couple?
Should we say that we are just travelling even though our situation will change? I DON'T SEE THIS MAKING A DIFFERENCE. YOU COULD SAY THAT YOU ARE ENTERING AS A TOURIST. OF COURSE, YOUR PARTNER IS FREE TO CHANGE HER MIND IF SHE WANTS.

IT'S REALLY HARD FOR ME TO SAY WHICH WOULD BE THE BEST. I HAVEN'T SEEN ANYTHING CHATTING ABOUT THIS ISSUE TOO MUCH ON HERE I HOPE SOME WITH REAL EXPERIENCE COMES ALONG SOON


Thanks again for your patience and for the amount of questions I've asked but it is the first time I'm travelling and want to do everything in the right way, NO PROBLEM BUT I CAN'T BE CERTAIN EITHER. YOU HAVE A NUMBER OF OPTIONS. IF YOU HAVE ENOUGH TIME, YOU COULD ALWAYS APPLY FOR THE EEA FAMILY PERMIT IN YOUR HOME COUNTRY WITH ALL THE EVIDENCE REQUIRED. THAT WAY YOU CAN BE REALLY CLEAR ABOUT HOW THINGS WOULD WORK.

Leandro.