EEA family permit card, already in uk

LieneG · Post by **LieneG** » Wed Jul 06, 2011 12:38 pm

hi how long do i have to wait for the family permit card for my spouse... We are living in uk owning business applied for the permit 3 months ago,Meanwhile home office send us acknowledgement letter that my husband is eligible for work in UK so he got his NIN number and now i cant understand how long do we have to wait until they approve family permit, and is it possible that home office can refuse it after issued NIN.. I am so confused now, don't know what to do and how long to wait . They are not telling anything on phone just that case is still in process ... Does anyone had same situation as mine could you explain a little bit more about this situation... ?
Thank you

Post by **Jambo** » Wed Jul 06, 2011 6:54 pm

it usually takes 3-4 months to get the Residence Permit so not much more to wait.
It has nothing to do with NI number. These are two different systems. They can still refuse the application even if you do have a NI number.

86ti · Post by **86ti** » Wed Jul 06, 2011 7:09 pm

I suppose you are asking about a residence card application. The EEA national will have to be a qualified person by exercising his/her treaty rights. If that is not the case then the application can be refused of course. If you have a viable business (I assume you have applied as a self-employed person) then you should be fine provided that you have included all necessary proof.

LieneG · Post by **LieneG** » Wed Jul 06, 2011 8:15 pm

yes its residence card i am asking for, we did everything as home office ask i am registered as self employed paying my tax NI contribution etc , we provide all documents every proof we had... Husband going every month for signing under immigration law , the home office officers has been even in our shop said its usual checking... we contact our solicitor about my husband NI number she said that after issued NI number we have to wait for 1-2 weeks more they will issue EEA family permit card as well ,but iam still in doubt that why asking here ... hope you can make my head clear with my doubts ...
This waiting is killing me

Thank you

LieneG · Post by **LieneG** » Wed Jul 06, 2011 8:18 pm

i am sorry i mean residence card not EEA family permit card... Really sorry

86ti · Post by **86ti** » Wed Jul 06, 2011 8:23 pm

The answer from your solicitor seems very strange. As you have been told already your husband's NI has nothing to do with the residence card application. All you can do now is wait for the outcome.

LieneG · Post by **LieneG** » Wed Jul 06, 2011 8:37 pm

86ti wrote:The answer from your solicitor seems very strange. As you have been told already your husband's NI has nothing to do with the residence card application. All you can do now is wait for the outcome.

Thanks, yea i was wondering about our solicitor answer as well,she should know this process better than she give us this answer... Anyway all we can do as you said is wait and we will see... i will post after i receive some good news from home office (hopefully) thank you very much...

Post by **Directive/2004/38/EC** » Thu Jul 07, 2011 11:49 am

LieneG wrote:Husband going every month for signing under immigration law , the home office officers has been even in our shop said its usual checking...

What exactly is your husband's immigration history?

Who were the home office officers and what happened during the visit?

Why have you used a lawyer for this application?

LieneG · Post by **LieneG** » Thu Jul 07, 2011 1:28 pm

Directive/2004/38/EC wrote:
LieneG wrote:Husband going every month for signing under immigration law , the home office officers has been even in our shop said its usual checking...
What exactly is your husband's immigration history?

Who were the home office officers and what happened during the visit?

Why have you used a lawyer for this application?

The home office officers just checked all our documents marriage cert kids birth cert husband home office letters he received,they gone satisfied when i asked why they came they said its usual check...
My husband came into UK illegally from IRL and in port officers catch him but they didnt deport him because i am self employed in UK, since that time he have to report to the immigration office every month... Officers in immigration suggest him to apply for EEA family residence card and get lawyer,as we did, so all our forms with documents our lawyer send to the home office and all we have to do is wait as i said before i am surprised about lawyer answers...

Post by **Directive/2004/38/EC** » Thu Jul 07, 2011 2:41 pm

Was your husband already married to you when he entered the UK?
You have children together?

LieneG · Post by **LieneG** » Thu Jul 07, 2011 4:06 pm

Directive/2004/38/EC wrote:Was your husband already married to you when he entered the UK?
You have children together?

Yes we married 3 years ago and we have 2 children together,both living with us in UK...

Post by **Directive/2004/38/EC** » Thu Jul 07, 2011 4:15 pm

So to summarize:
- You are a non-British EU citizen who is self employed.
- You married your non-EU husband 3 years ago.
- You were living in the UK (already married) when your husband entered the UK.

Why do you think your husband entered the UK illegally?

I think it is very incorrect that he has any reporting restrictions. From what you have said, he is here legally with you in the UK and there is no requirement for him to report to anyone. It was also very incorrect for UKBA to come to your house to check anything.

It is also very odd that they suggested you get a lawyer.

LieneG · Post by **LieneG** » Thu Jul 07, 2011 5:31 pm

Directive/2004/38/EC wrote:So to summarize:
- You are a non-British EU citizen who is self employed.
- You married your non-EU husband 3 years ago.
- You were living in the UK (already married) when your husband entered the UK.

Why do you think your husband entered the UK illegally?

I think it is very incorrect that he has any reporting restrictions. From what you have said, he is here legally with you in the UK and there is no requirement for him to report to anyone. It was also very incorrect for UKBA to come to your house to check anything.

It is also very odd that they suggested you get a lawyer.

I know only what they said to us, as we had told we did so as you said my husband have the same rights as me without any restrictions..? I did read about that somewhere as well but as i don't know law so good i believed what home office and immigration said to us... I will try to contact them tomorrow lets see what they will say to me... Thank you

Post by **Directive/2004/38/EC** » Thu Jul 07, 2011 7:48 pm

CHAPTER 8 - ENFORCEMENT ACTION TAKEN AGAINST EEA NATIONALS AND FAMILY MEMBERS

3.2 Release from detention/altering reporting instructions

Where an EEA national is exercising Treaty Rights in the United Kingdom his family members (who may not themselves be EEA nationals) are afforded the same rights to free movement and residence. Accordingly that family member should not be detained or placed on reporting restrictions.

If a person who has been arrested and detained on suspicion of being an immigration offender subsequently claims to be the family member of an EEA national it will normally be appropriate to release the person from detention if we have seen:

1) Evidence of EEA sponsorâ€™s nationality (e.g. a valid ID card or passport)

2) Evidence of the relationship (e.g. marriage or civil partnership certificate, birth certificate)

3) Evidence that the EEA sponsor is exercising a Treaty right

When you talk with them, ask them if the reporting restrictions and interview were approved in advance by the "European Casework Group". If it was not approved in advance, ask them to immediately contact the "European Casework Group" for advice, and that you would like detailed confirmation in writing. Also be sure to get their names and ID numbers and write them down!

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EEA family permit card, already in uk

EEA family permit card, already in uk