EEA2 query

[aerodude]

Hello everyone,
i am an indian national married to an italian national.
my EEA permit expires on the 18-07-2012.
i would like to apply for the EEA 2 permit. i am working at the moment.

i have following questions :-
1. is it too late to apply on 29/06/2012?
2. would i be able to continue working if i dont recieve the COA in the next 3 weeks of my application as my EEA visa would expire.
3. is it legal to stay in the UK if my EEA visa expires and i dont recieve the COA?

thanks a lot for your help in advance.

[Jambo]

First of all you need to understand that under EEA regulations, your rights are derived from your wife/husband activities and not from any document you hold.

What is your spouse doing in the UK? How is she exercising treaty rights in the UK? Working? Studying? Self sufficient?

You are legal and can continue working as long as your spouse exercises treaty rights. The expiry date on the EEA family permit has no meaning. Whether your employer would be willing to believe that or not, that's another story.

You can apply for RC using EEA2 any time you wish (before or after the Family permit expires).

[EUsmileWEallsmile]

I agree with what Jambo's posted, but what's the significance of 29.06.12. Are you outside the UK just now?

[zubby007]

[quote="aerodude"]Hello everyone,
i am an indian national married to an italian national.
my EEA permit expires on the 18-07-2012.
i would like to apply for the EEA 2 permit. i am working at the moment.

i have following questions :-
1. is it too late to apply on 29/06/2012?
2. would i be able to continue working if i dont recieve the COA in the next 3 weeks of my application as my EEA visa would expire.
3. is it legal to stay in the UK if my EEA visa expires and i dont recieve the COA?

thanks a lot for your help in advance.[/quote]


1. is it too late to apply on 29/06/2012? = No once you're in the UK with your EEA national exercising Treaty rights in the UK you can apply at your own time it's Optional.

2. would i be able to continue working if i dont recieve the COA in the next 3 weeks of my application as my EEA visa would expire. = Yes, however if you're unmarried partner of EEA national you may have some restriction untill HO decide your case.

is it legal to stay in the UK if my EEA visa expires and i dont recieve the COA? = YES, Once you're still married or unmarried partner in a durable relationship and your EEA national still exercising Treaty rights you're Legal.

[aerodude]

hello guys,
thanks for the replies.

my wife is working full time and she is exercising her rights.
i cant apply before 29/06/2012, because i would be on holiday in italy and i would need my passport to re enter in uk.

thanks

[aerodude]

hi guys,
is it possible to show to the employer that i am a legal resident after the EEA expires and that i can continue working?

thanks

[zubby007]

Then, you'll be fine. Best of luck

[EUsmileWEallsmile]

hello guys,
thanks for the replies.

my wife is working full time and she is exercising her rights.
i cant apply before 29/06/2012, because i would be on holiday in italy and i would need my passport to re enter in uk.

thanks

That makes perfect sense. Apply as soon as you come back from hols.

[EUsmileWEallsmile]

hi guys,
is it possible to show to the employer that i am a legal resident after the EEA expires and that i can continue working?

thanks

Yes, apply for a residence card as soon as you come back from hols. You will be issued with a COA, which should be issued within a month (immediately by law). The COA can be used as proof of entitlement to work.

[zubby007]

[quote="EUsmileWEallsmile"][quote="aerodude"]hi guys,
is it possible to show to the employer that i am a legal resident after the EEA expires and that i can continue working?

thanks[/quote]

Yes, apply for a residence card as soon as you come back from hols. You will be issued with a COA, which should be issued within a month (immediately by law). The COA can be used as proof of entitlement to work.[/quote]