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Hi all,

I am currently on a tier 2 visa (New Zealand citizen) and will be marrying my EEA national fiance soon. She is also a British Permanent resident. I am looking to swap to an EEA family permit once I am married but still trying to determine if it is best to apply for a Residence permit in the uk or go home and apply for the EEA spouse visa then come to the UK and apply for the 5 year Residence permit. Reason, why I am considering going home, is because I really do not want to be without my passport for the potential 6 months and stuck in the UK without being able to work. I have read on the guidance notes that if you apply from New Zealand 100% of applicants received their response in 90 days.

I have a couple of questions

1. Once you apply for the EEA spouse visa and you get 6 months are you allowed to work in the UK from the moment you arrive?
2. What happens if you arrive in the uk and you apply for the Residence Permit but you do not receive the Residence permit within the 6 months. Are you an overstayer?
3. When I get married I would like to go visit home then come back and work. It appears that if I try to swap to a Residence permit while in the uk there is a high chance I could be sitting around for up to 6 months doing nothing waiting. Therefore it may be best to go home and apply for the visa as this way I can visit home and cut the time to receive a decision to 3 months. IS there any thing I am missing here in adopting this strategy?

A counsel of perfection (presumably too late) would be to marry at least 6 months before your visa expired. I believe there are cases where people in your situation have applied for a residence card before their visa applied, and received a CoA with interim permission to work. For that to happen, your paper work should be in good order - which it probably will be if you submit your new wife's DCPR.

You are legally allowed by the EEA regulations to work from the moment you marry. However, most employers would be too nervous to (continue to) employ you without a visa, RC, FP or 'positive' CoA.

As the spouse of an EEA national, a residence card or family permit is irrelevant to whether you are residing or working legally.

What does DCPR, FP and CoA stand for?

confusedandsad wrote:What does DCPR, FP and CoA stand for?

DCPR = Document Certifying Permanent Residence

FP - Family Permit

CoA = Certificate of Application

What is a certificate of application?

confusedandsad wrote:What is a certificate of application?

I'll leave you to do the reading.
https://www.gov.uk/government/publicati ... pplication

So if I go home and apply for an EEA family permit (married to EEA national), I need to come to the UK then apply for the Residence card then put in an application for a CoA before I could start work?

Or can being in possession of an EEA family permit be used as proof of having right to work in uk for the 6 months it is valid for?

Richard W wrote: You are legally allowed by the EEA regulations to work from the moment you marry. However, most employers would be too nervous to (continue to) employ you without a visa, RC, FP or 'positive' CoA.

See Richard W's post above.
AND
A certificate of application will be issued following receipt of a valid application for an EEA residence card and after biometrics have been taken.
AND
If you are a non-EEA national and you have made an application for an EEA residence card on or after 6th April 2015, you are required to enrol your biometric information in order for your application to be accepted as valid. If your application is successful, you will be issued with a residence card in the biometric format.
AND
A certificate of application will be issued following receipt of a valid application for an EEA residence card.

So there is really no point in me going home to apply for the EEA permit because I will have to come back to the UK and apply for the Residence card before I can get the CoA to show proof of right to work in the uk?

Moment I come in the UK I will have a EEA family permit, why cant I use this as proof of my right to work in the UK for the first 6 months?

Richard W wrote:
You are legally allowed by the EEA regulations to work from the moment you marry. However, most employers would be too nervous to (continue to) employ you without a visa, RC, FP or 'positive' CoA.

.

Why can't the EEA permit be used for the first 6 months as proof of right to work in the UK?

Isnt this a page pasted in your passport you can use as proof?

confusedandsad wrote:

Richard W wrote:
You are legally allowed by the EEA regulations to work from the moment you marry. However, most employers would be too nervous to (continue to) employ you without a visa, RC, FP or 'positive' CoA.

.

Why can't the EEA permit be used for the first 6 months as proof of right to work in the UK?

Isnt this a page pasted in your passport you can use as proof?

Richard W literally said an EEA family permit can be used as proof of a right to work in the quote you took from him (he just shorted it to FP) you just had this explained by Casa

Casa wrote:

confusedandsad wrote:What does DCPR, FP and CoA stand for?

DCPR = Document Certifying Permanent Residence

FP - Family Permit

CoA = Certificate of Application

So once you have a family permit, is it a page pasted into your passport?

Why would you then need to apply for a CoA if you have the family permit for 6 months? Why not just use your family permit until to you get your Residence Card?

You don't apply for a COA. You get a COA once you submit the application for the residence card within the UK.

COA = Certificate of Application.

Is this the letter that acknowledges the application has been received outlining you have the right to work in the UK until they make the decision on the Residence application?

Yes.

So if I go home and apply for the EEA family permit this letter becomes somewhat irrelevant to me because I can just use the EEA family permit right?

This letter however is useful if I stay in the UK on my tier 2 then apply for the Residence permit in the UK as I can then use this as proof of right to work in the uk?

What form does the EEA family permit come in? Is it a page in the passport or is it a card like the BRP card?

So if I go home and apply for the EEA family permit this letter becomes somewhat irrelevant to me because I can just use the EEA family permit right?

You will still be required to apply for a residence card within the UK and wait for the COA for proof of right to work.

This letter however is useful if I stay in the UK on my tier 2 then apply for the Residence permit in the UK as I can then use this as proof of right to work in the uk?

You only get the letter (COA) AFTER you apply for the 5 year residence card and submit biometrics.

What form does the EEA family permit come in? Is it a page in the passport or is it a card like the BRP card?

Vignette in the passport as it is only valid for 6 months.

BOOM! BOWS DOWN! YOU ARE THE BOSS!

CR001 wrote:

So if I go home and apply for the EEA family permit this letter becomes somewhat irrelevant to me because I can just use the EEA family permit right?

You will still be required to apply for a residence card within the UK and wait for the COA for proof of right to work.

Are you saying the EEA family permit is no longer valid as proof of right to work as soon as you apply for the Residence card once you return to the UK? Is this because the vignette is in the passport and you have to send it off to apply for the Residence?

CR001 wrote:

So if I go home and apply for the EEA family permit this letter becomes somewhat irrelevant to me because I can just use the EEA family permit right?

You will still be required to apply for a residence card within the UK and wait for the COA for proof of right to work.

I am just trying to weigh up the quickest route to when I can have proof of right to work in the UK in my hands.


1. If I go home I can get the EEA permit within 30 days (100% received EEA permit by this date)
2. If I stay in the UK it appears most people are receiving their CoA in around 4-12 weeks.

But if I go with option 1, when I return to the UK I will apply for the Residence Permit and this will require me to send off my passport, which means my EEA permit becomes dormant?

confusedandsad wrote:

CR001 wrote:

So if I go home and apply for the EEA family permit this letter becomes somewhat irrelevant to me because I can just use the EEA family permit right?

You will still be required to apply for a residence card within the UK and wait for the COA for proof of right to work.

I am just trying to weigh up the quickest route to when I can have proof of right to work in the UK in my hands.

1. If I go home I can get the EEA permit within 30 days (100% received EEA permit by this date)
2. If I stay in the UK it appears most people are receiving their CoA in around 4-12 weeks.

But if I go with option 1, when I return to the UK I will apply for the Residence Permit and this will require me to send off my passport, which means my EEA permit becomes dormant?

confusedandsad wrote:

CR001 wrote:

So if I go home and apply for the EEA family permit this letter becomes somewhat irrelevant to me because I can just use the EEA family permit right?

You will still be required to apply for a residence card within the UK and wait for the COA for proof of right to work.

Are you saying the EEA family permit is no longer valid as proof of right to work as soon as you apply for the Residence card once you return to the UK? Is this because the vignette is in the passport and you have to send it off to apply for the Residence?

One question...or two actually... when does your Tier 2 visa expire and when do you intend to marry?

Casa wrote:One question...or two actually... when does your Tier 2 visa expire and when do you intend to marry?

Think I sent you the link previously, not sure. Left job back in April, no curtailment letter received as yet. Getting married next month from what I can see.

uk-tier-2-employer-sponsored-visas/chan ... 31634.html

CR001 wrote:

Casa wrote:One question...or two actually... when does your Tier 2 visa expire and when do you intend to marry?

Think I sent you the link previously, not sure. Left job back in April, no curtailment letter received as yet. Getting married next month from what I can see.

uk-tier-2-employer-sponsored-visas/chan ... 31634.html

Ah! In which case as you've already been advised, you don't qualify for an EEA Residence permit as your fiancee holds dual Spanish and British nationality. For the purpose of immigration she is only considered to be British and you can only apply for a spouse visa under the UK Immigration Rules