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✎ EN EEA Family permit & EEA2 Residence card: French/S Korean

Discussion in 'Immigration UK' started by maf51180, Jul 22, 2007.

  1. maf51180

    maf51180 Member

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    Hi I am french national and my partner south korean national. I posted a while ago about UK fiancee visa. We are about to send the application and we are thinking about the next step when she will be in the UK. So my plan is to get married so that we get the marriage certificate. Then apply for the EEA2 for the residence card asap for my spouse. In the meantime apply for the EEA family permit as it will give right to my spouse to get a job in the UK without having to wait for the EEA2 residence card as it could take up to 6 months.

    Having searched in the forum from top to bottom, I havent found answers to my questions so here there are:

    1. Do we have to submit eea1 and eea2 although i already have applied for eea1 and received my registration certificate from home office? Could we just send EEA2? I heard that it would be faster to apply together with EEA1 but is that necessary knowing that I already did it?

    2.From different sources, it is clear that it is not possible to get a family permit from within the UK. So the family permit must be obtained from outside the UK. Ideally, we would like to apply for the family permit in France but it seems that the family permit must be obtained from where the non eea national lives which in our case is south korea. So it is very very annoying if it has to be done in south korea, coz it means that she comes in the uk to get married, then she must go back to her country to apply for a family permit and come back again to the uk. Waste of time and money. Very silly.

    According to the text below, there is requirement for getting the EEA family permit:

    "If your family member is not lawfully resident in an EEA member state (including family members applying from non-EEA countries), we will refuse them an EEA family permit if they cannot also satisfy the requirements in the Immigration Rules for leave to enter the UK."

    "They can apply for the EEA Family Permit at any British mission overseas that offers a full service visa-issuing office. If they are applying for an EEA family permit from within the EEA, they will need to show that they are lawfully resident in an EEA member state.

    If they are applying for an EEA family permit from outside the EEA (and are not lawfully resident in an EEA member state), they will also need to meet the requirements in the Immigration Rules for leave to enter the UK. "


    I would like to know the meaning of being lawfully resident in an EEA member state? I heard that some people just need to come to any european country on a tourist visa to get the status of lawful resident in the EU. Is that true? Are there people who did that?

    It does seem possible according to the text i found on http://www.ukvisas.gov.uk/servlet/Front ... 6679156328

    "# Following the case of Akrich, which established that a right of movement for a family member is only derived if they are lawfully resident in an EEA member state, the requirement for an applicant to demonstrate lawful residence has been introduced into the EEA Regulations. Anyone who has a valid visa or entry clearance, and who is abiding by the conditions of that entry clearance, can be considered to be lawfully resident in that Member State. This would normally be in the form of the local equivalent of leave to enter / remain as a family member of a national of the member state in which they are residing. Or, alternatively, an EEA residence card would normally be held if they are the family members of an EEA national residing in a member state of which they are not a national.
    # The non-EEA national could equally have entered the country in some other category (visitor, student etc) and would still be considered as lawfully resident in that Member State. For example, an Indian national married to a French national, who had obtained a visa to enter France as either the spouse of the French national or in some other category (as a visitor, student or work permit holder etc), would be considered 'lawfully resident' in France, if, at the time of application, they were abiding fully by the conditions of that visa.
    # Those with valid Schengen visas would be considered lawfully resident in all Schengen states. If there are cases where you are not sure if an applicant can be considered as lawfully resident, please refer the details to ECO Support."


    I would just need some people to confirm that it is true and possible and have done the same thing. Also the link above says that priority must be given to family permit application but no guarantee is given on issuing them on the same day. Have anyone tried getting a family permit from France, and how long did it take?

    I take this opportunity to thank all the people on the forum who provide info on immigration issue coz it is real headache.

    Cheers,

    Fred
     
  2. Triple H

    Triple H Addicted member

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    This I posted yesterday

    I know this was possible before and I think still is.Unfortunately I never seen, [on this or other forums that I visit] that anyone actually said they`ve done it.
     
  3. maf51180

    maf51180 Member

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    Huummm, can u tell me the link which says that the spouse must be legally living in a EEA member state.

    The link http://www.ukvisas.gov.uk/servlet/Front ... 8721068382

    which has a date on it is from 13/07/07 so it is fairly recent and it does say on this link that the spouse must be a lawfully resident in a EEA member state.

    Fred
     
  4. Triple H

    Triple H Addicted member

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    This was previous version that I posted elsewhere about 4 weeks ago,so I was able to copy it.The link you posted is the latest/updated one.
     
  5. thsths

    thsths Addicted member

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    Re: EEA Family permit & EEA2 Residence card: French/S Ko

    Good plan. Applying for EEA1 and EEA2 together does indeed save quite a lot of time, but I am not sure whether they will even consider your application, if you still have a valid residence permit.

    Actually you have found one of the many gaps in the UK implementation of the European right of free movement. Most other countries will give you a temporary residence card while the application is processed, but for some reason the UK chose not to do that. You will only receive a "Certificate of Application", and as far as I know that is not accepted as entry clearance.

    You can apply for an EEA family permit in any European country outside of Britain. This is a bit risky, because if it is not granted, your then wife will not be able to come back to the UK! If you want to do it anyway, you need to prove legal residence in the UK. The UK visa and a proof of address should be sufficient. You do not need to apply in your country of origin, but you may have to convince the British Consulate of your rights. Take a printout of the UK Regulations and the EU Directorive 2004/38, they may be helpful.

    Unless you want to travel anyway, I would probably not bother with the EEA family permit. The "Certificate of Application" should give her a safe legal standing here, as long as she remains within the UK.
     
  6. maf51180

    maf51180 Member

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    :D

    Well, everything is going well!!!

    We had the fiancee Visa in 3 days. Upon submitting the application, the embassy said we enclosed too many document and evidences. But they also said the more the better, so that's we did. Put in as much as possible. I would swear that the application was weighting about 5 kilo!

    The conclusion from this is to put as much evidence as you can, anything that relate to your relationship. It will help for sure.

    Now the next step now is the EEA2. But that should be easier than the fiancee visa as I already got my registration certificate EEA1 approved.
    But I am wondering if if it is worth to send again the document they asked for the EEA1 coz the documents will be exactly the same.

    A happy man
    :D
     
  7. MKelly

    MKelly Member

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    Congrats on getting the EEA family permit for your spouse!

    Could you give a general list of evidence you would suggest to be submitted with your application for the EEA Family Permit?

    My partner and I are in the process of collating our application and you advise would be appreciated.

    Many thanks
     
  8. polskasweetie

    polskasweetie Addicted member

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    Answers to your questions can be found in one of the stickies.
     
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