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Dear all,

I need to have some documents translated from Portuguese and Spanish to English to use them for my wife's EEA QP and my EEA FM applications. Can I use a sworn translator from another country (Brazil and Spain), or does the translator need to be from the UK?

On a different topic, the EEA QP form says it can be processed at a Premium Service Centre, and the EEA FM says it can't. However, both forms advise that we should submit our applications together. Is it possible to submit both applications at a PSC or would we only be able to submit both together if we do it by post?

Many thanks!

Yes.
No.
Not sure - together by post to play safe.

Nice, thanks! Do I need to take the Brazilian translation to be notarized or anything like that, or is it valid as it is? (provided that it follows the parameters specified on the guidelines)

Thanks!

yuiop wrote:Nice, thanks! Do I need to take the Brazilian translation to be notarized or anything like that, or is it valid as it is? (provided that it follows the parameters specified on the guidelines)

Thanks!

Just follow the PR guidelines. We don't operate on Hispanic basis here (with affidavits, notaries and similar).

Thanks again.

I'm curious as to what happens if our EEA QP and EEA FM application is denied. By the time we receive an answer my wife will have already started her postgraduate studies. Would my wife and I be required to leave the country? Since the EEA QP is optional for an European to stay, I would assume its denial would not require her to leave, otherwise it would be better to just not apply and not take the risk. Am I missing something here?

Many thanks!

Your rights to live and work in the UK will be unaffected. It will also have no negative bearing on any application in the future (assuming you simply messed something up on the application, rather than lying etc )

It is a good idea to have the QP and FM though, especially with the whole Brexit mess, as it could be key to invoking any transitional arrangements which may be put in place later on. As a non-EEA family member you will be issued a biometric card, whereas your EEA wife will simply get a piece of paper with a sticker on it.

I lived in the UK for 25 years as an EEA citizen with no residence documentation other than my EU passport and I never had any problems with anything.

yuiop wrote:Thanks again.

I'm curious as to what happens if our EEA QP and EEA FM application is denied. By the time we receive an answer my wife will have already started her postgraduate studies. Would my wife and I be required to leave the country? Since the EEA QP is optional for an European to stay, I would assume its denial would not require her to leave, otherwise it would be better to just not apply and not take the risk. Am I missing something here?

Many thanks!

EEA(QP) and EEA(FM) are not visas.
If sponsor is a qualified person and you are married then the right to reside/work/study is based on EU law, not on possesion of a piece of paper (plastic).

However, is wife sure she can commence studies without University having had sight of some confirmatory documentation

noajthan wrote:EEA(QP) and EEA(FM) are not visas.
If sponsor is a qualified person and you are married then the right to reside/work/study is based on EU law, not on possesion of a piece of paper (plastic).

However, is wife sure she can commence studies without University having had sight of some confirmatory documentation

I understand they are not Visas, but they still need to be approved. In the case of self-sufficient or student, we need to prove that we can support ourselves financially. We know we can, as we have been doing for a couple of years, but what is enough for us might not be considered enough for the Home Office.

This seems rather strange though. You are basically saying that we either are qualified persons or not, and having the "piece of paper" won't change that. Well, in that case, if our application was denied, this would mean that we are not qualified, wouldn't it? Wouldn't that mean that we would not be allowed to stay? If we can stay even after the application is the denied, then what would be the point in applying after all?

She had already been studying at this uni for two years, just starting a new degree. She has already received an Unconditional Offer. What exactly do you mean by confirmatory documentation? Is it proof of financial support?

Many thanks!

yuiop wrote:I understand they are not Visas, but they still need to be approved. In the case of self-sufficient or student, we need to prove that we can support ourselves financially. We know we can, as we have been doing for a couple of years, but what is enough for us might not be considered enough for the Home Office.

This seems rather strange though. You are basically saying that we either are qualified persons or not, and having the "piece of paper" won't change that. Well, in that case, if our application was denied, this would mean that we are not qualified, wouldn't it? Wouldn't that mean that we would not be allowed to stay? If we can stay even after the application is the denied, then what would be the point in applying after all?

She had already been studying at this uni for two years, just starting a new degree. She has already received an Unconditional Offer. What exactly do you mean by confirmatory documentation? Is it proof of financial support?

Many thanks!

There are 2 things here: status and a document proving that status; that is the optional RC which is merely a confirmatory document.

If an application is denied it can mean you don't have such a status OR you haven't proved your status.
If you have no rights at all (eg due to a sham marriage; yes - it happens) then you would probably be 'invited' to leave UK.

if you were refused due to an inadequate application just apply again with rock-solid (if not unimpeachable) supporting evidence.
No need to leave as the full power and weight of EU law would still be behind you.

Takeaway
If Union citizen is a qualified person then you and spouse will have full rights to enjoy in UK: to reside, to work, to study.
That's the elegance and beauty of free movement based on EU law.

The RC simply proves this status to anyone who needs to know, eg an employer, a landlord or university admissions officer.
The RC doesn't confer that status.

Suggest uni is always kept fully up to speed on wife's status.

yuiop wrote: She had already been studying at this uni for two years, just starting a new degree. She has already received an Unconditional Offer. What exactly do you mean by confirmatory documentation? Is it proof of financial support?

Is she paying for the post-graduate degree herself?
Because my uni, following universities UK statement, has assured EU citizens will have EU/British fees until the end of school year 2016/2017. After that, it is all up in the air. SLC (or SFE) has issued a similar statement, making a difference between students who are already attending a course and students who will start a new course this year. If she is not self-funding her own course, I would recommend to her to contact her university welfare/funding office as soon as possible. An Unconditional Offer is not a proof of financial support, it's merely a place in a course.