from student visa to EEA2

[sora]

Hi, I'm a south korean on a student visa and I've got married to Italian.
He dosen't have a residen permit so we're gonna apply EEA1 and EEA2 at the same time with a solicitor's help.

But I have some problems with documents. I've been here a year with student visa that will expire at the end of Jan. My husband has a full time job and he dosen't have any problem to provide all documents for EEA1.
The solicitor said I must provide a UK bank statement for application but I don't have it. Because I had paid all fee for my course of english school before I applied visa and I had enough money to stay in London for a year. So I've kept my Japanese Citi bank account and have lived with that money so far(I worked in Japan for 3 years and applied student visa in Japan). I've never worked while I live in UK and since we've lived together he's supported me as well. I have recent 3 months japanese citi bank statement whice is addressed current uk address(where I live now)

1. Is it possible that I send my japanese bank statement with application?

I had paid all of my english course(no college&no university. just language school) fee before I came to UK so I threw away a receipt of fee or school letter confirming enrolment because the course term had already been finished. But I didn't go to school when its last day because at the moment the school had a problem with premises. They had found other building for lesson urgently after a week but I've never gone to school again.(so I don't have a certificate)
The solicitor told I have to provide anything to confirm that I had attended to study but I don't know how I contact to school again.
I went to both of places but I was told the school has been closed and will be reopen after 2 weeks from receptionist of the previous building.
And I've tried to contact administrator of school but there is no answer at all(call and e-mail)
2. Can I apply without document from school?


Any advice will be very helpful for me. We don't have enough time... T.T
plz help me!!!

[John]

Sora, as you have a solicitor, why don't you ask that person about the evidence to be provided.

Having just looked through the form EEA2, on page 13 it has various tick boxes for different types of evidence. Whilst things like bank statement are there, it is clearly the case that absolutely no one will be ticking all those boxes. You just need to tick the relevant boxes and if you are not enclosing bank statements, well you won't tick that box, will you.

But do you need to? Given that your husband is going to be applying on form EEA1, at the same time as you apply on EEA2, clearly your husband's evidence ... payslips .... bank statements ... etc ... will prove that there is no likelihood of either of you needing to claim certain Public Funds.

An applicant on a form EEA2 does not need to be economically active at all. For example, it is totally possible for you to be a housewife. There is no compulsion for you to work or study.

Seek clarification from the solicitor?

[sora]

Thank you very much for your reply!!
Well, she(solicitor) has just told that all people who apply visa in UK must provide UK bank statement, otherwise .... she just hope that we are lucky.
Also about school as well, because I'm on a student visa now, so I have to prove that I finished my course.
We've also asked to her several time for bank account(cos I've tried to open now but it's totally impossible!! my visa jsut left about a week) but it's too difficult to open in time and also I can't contact to school.
But she's just said that we have to provide them otherwise she's not sure that we can get a visa:(
I think she dosen't have lots of experience.
And of course, we don't need to claim any public funds. my husband has money in Italy as well and we have documents to prove it.

So now we're considering to prepare and send by ourselves if she keep saying like that. Can we cancel to do it with solicitor?

[John]

Sora, more than once in that posting you used the word "visa". But it needs to be appreciated that ... in a very technical sense ... you will not be applying for a visa .... you are applying for permission to stay under EU/EEA regulations.

That is, your husband is an EEA national and therefore has the right to live and work in the UK without requiring a Work Permit. As his family member you also have the right to be with him and exercise the same rights. You merely need a Residence Permit in your passport in order to prove that.

So now we're considering to prepare and send by ourselves if she keep saying like that. Can we cancel to do it with solicitor?

Sorry, I am not going to answer that question directly. It is totally up to you. All I would say is that it is totally within your rights to take that course of action if you so wish.

If you do do that, it is important to appreciate that the applications on forms EEA1 and EEA2 must be received by IND before your current visa expires.

[flyez]

I think you can apply by yourself.

If your husband have a stable job with regular income, I don't think HO will refuse your application even you don't have your own bank statement.

Currently foreign students are more difficulty to open an bank account in the uk than ever before, I think HO will be aware of this situation.

[sora]

Thank you very much for John and flyez!!
Thanks a lot!