EEA2 visa transfer to new passowrt

[phelun2017]

Hello good people,

A help will be useful at this point. Anyone transferred visa (Specifically EEA2 or even any) to a new passport in the uk ? Anyone with such experience ? Please share your experince tips and advice.

Warmest Regards,
phels

[MrSlyFox]

You can't transfer it, you need to apply for a new residence card - https://www.gov.uk/apply-for-a-uk-resid ... rd/replace

You can apply for a new residence card or permanent residence card if the passport containing your old residence card has expired - you can’t transfer it to a new passport.

If you don’t get a new card for your new passport, you’ll have to carry both your expired passport and your new passport when you travel.

[phelun2017]

Thanks alot MrSlyFox, do appreciate.

One more question please, so if i will have to apply, i will need my partner (Still married) to be exercising their treaty rights here in the UK, right?

We lived together for 2years, and i have lived in the UK for more than 5years. However my EEA2 visa expires 2019.

In my case she is not in the country now, and has not been working in the country since 2016. However i really need to have my visa moved from my old passport to BRP or at-least to my new passport for me to be able to work.

1. Would it be wise to still apply for this, knowing it could be refused because she is not in the country?
2. If it get refused do i still have a valid visa, or they immediately terminate it ?
3. What other options do i have when she is not exercising treaty rights ?
4. When we lived together, she was working and had problem with her health, which made her travel back home for treatments.
5. Even if i am personally working and my salary is fine, does this have any effect?

Your advice will really be helpful.

Regards,
phels

[MrSlyFox]

1. Would it be wise to still apply for this, knowing it could be refused because she is not in the country?

Your rights to reside are derived from your EEA spouse exercising rights in the UK, If they are no longer in the UK (They can be absent for up to six months per year or one period of twelve months for important reasons; i.e. childbirth, serious illness, etc), you have lost your right to reside unless you retained a right of residence - https://www.gov.uk/government/publicati ... -residence

2. If it get refused do i still have a valid visa, or they immediately terminate it ?

A EEA Residence card is not a Visa as it not under UK immigration rules but the EEA immigration regulations (i.e. EU treaty rights). You hold no visa, and your rights are dependent upon might the requirements of the EEA regulations. You would lose the right to reside immediately when you fail to meet the requirements.

3. What other options do i have when she is not exercising treaty rights ?

Suggest you review the options on the UK gov website

4. When we lived together, she was working and had problem with her health, which made her travel back home for treatments.

In some cases, she could still be considered a worker (providing she has not broken her residence by having been absent from the UK - see question 1) if she can't work because of temporary illness

(2) A person who is no longer working must continue to be treated as a worker provided that the person—

(a)is temporarily unable to work as the result of an illness or accident;

- http://www.legislation.gov.uk/uksi/2016 ... ion/6/made

5. Even if i am personally working and my salary is fine, does this have any effect?

NO, your work is immaterial. Only the EEA National is relevant

[phelun2017]

Hi,
wish i could pay you for all of these, thank you sooooo much and all your answers make serious sense.

However there is a possibility i can get her to come back, to resolve issues, which i have been trying for months but no luck so far, but confident i can get her back.

Now the question is

1. Is it late if she returns back to the UK and gets a job and try to settle things with her?
2. She used to have a self-employed acct, is it late to reopen this account?
3. Can i still get on track to obtaining a permanent resident before 2019, as it looks like i am off track at the moment?
4. If she finally gets back, what will you advice i should do immediately?

Once again thanks a million for your time, wish i could make some donation for your efforts and time.. Do appreciate sooo much.

Regards,
phels

[MrSlyFox]

1. Is it late if she returns back to the UK and gets a job and try to settle things with her?

It depends on how long she has been away and if the continuation of residence has been broken, If it has then you will have to restart the PR counter i.e. wait five more years until acquiring PR.

2. She used to have a self-employed acct, is it late to reopen this account?

Is this with the HMRC or a bank? I would suggest you address the considered party I am unaware of the requirements. You might like to read how the HO considers self-employed person on page 17 - https://www.gov.uk/government/uploads/s ... 4_0EXT.pdf

3. Can i still get on track to obtaining a permanent resident before 2019, as it looks like i am off track at the moment?

Depends on the absences from the UK, if She returns prior to having been absent for 12 months from the date she left you have a chance to continue the PR clock till 2019 otherwise you would have to start again.

4. If she finally gets back, what will you advice i should do immediately?

Make sure you collect as much evidence of her residence in the UK as possible. i.e. her name on council tax, utility bills, financial statements etc. Also make sure she remains a qualified person, getting private health insurance for yourself and her wouldn't be a terrible idea because then worst case you can say she is self-sufficient with CSI