Forum Immigration UK

by **shokais** » Wed Jun 13, 2007 3:36 pm

Hi there

I have for the past two years had an EEA2 - unmarried partner visa in my passport. It is due to expire and in my letter from HO it states and I have apply for further leave to remain. Just wondering which form I use as my partner is dutch and I'm australian, and we are due to get married 2 months before it expires. Do I still apply under the European ruling, or considering I have had a previous visa and will now be a spouse do I apply for ILR. And if we do apply under EEA law, which form do we use?

Also, my partner's work moved us to Holland for the past 6 months (together) however we are moving back to the UK in 5 weeks, will this effect our application?

I"m very confused.

by **shokais** » Wed Jun 13, 2007 3:40 pm

Also, we are getting married in Australia, do we still need a certificate of approval??

by **thsths** » Wed Jun 13, 2007 4:40 pm

shokais wrote:I have for the past two years had an EEA2 - unmarried partner visa in my passport. It is due to expire and in my letter from HO it states and I have apply for further leave to remain. Just wondering which form I use as my partner is dutch and I'm australian, and we are due to get married 2 months before it expires. Do I still apply under the European ruling, or considering I have had a previous visa and will now be a spouse do I apply for ILR. And if we do apply under EEA law, which form do we use?

You should use the form EEA2 again, unless you have been living together in the UK for 5 years now, in which case you can apply for permanent residence using EEA4. I don't think you can apply for ILR. BTW, processing the application takes about 6 months.

The marriage does not change your situation much, since you have been living together already. I don't think that you need a CoA if you get married abroad.

shokais wrote:Also, my partner's work moved us to Holland for the past 6 months (together) however we are moving back to the UK in 5 weeks, will this effect our application?

If you are outside of the UK, you should apply for an EEA family permit using form VAF1. Also the long stay outside of the UK might affect your ability to apply for permanent residence. But the worst thing that can happen is that the clock starts again from zero.

by **shokais** » Wed Jun 13, 2007 5:15 pm

Thanks for your response.

Okay so if I apply for the EEA2 again, I shouldn't have to pay a fee, I didn't the first time. However will I need to provide supporting documents ie 20 each over the period of time as well as our marriage certificate?

So many questions....

by **thsths** » Wed Jun 13, 2007 8:15 pm

shokais wrote:Okay so if I apply for the EEA2 again, I shouldn't have to pay a fee, I didn't the first time.

Correct.

shokais wrote:However will I need to provide supporting documents ie 20 each over the period of time as well as our marriage certificate?

Since you will be married and the Home Office already has a record for you, I don't think that is necessary. A proof of address for both of you (a shared utility bill if possible) should be sufficient.

by **shokais** » Fri Jun 15, 2007 2:29 pm

Wonderful! Many thanks for all your help!! I noticed that on the new form it say residence card as opposed to a sticker, do we now get cards?

by **thsths** » Fri Jun 15, 2007 2:52 pm

shokais wrote:Wonderful! Many thanks for all your help!! I noticed that on the new form it say residence card as opposed to a sticker, do we now get cards?

Unfortunately no. "Residence Card" is just a legal term, but it is still a sticker put in the passport. At least it remains valid after the passport has expired.

Even the "Registration Certificate" is only a sticker, which is put on a blue piece of cardboard...

by **shokais** » Sun Jun 17, 2007 4:06 pm

Great thanks for clearing that up.

I do have another query tho, if I was to apply for a new passport in my married name, would i have any difficulty processing my application? I assume I would just present both passports with the application, is this correct? Might just be easier for in the future.