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✎ EN EEA2 Residence Card Dilemma

Temat na forum 'Immigration UK' rozpoczęty przez lna79, Październik 20, 2007.

  1. lna79

    lna79 New Member

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    Hi there,

    I am an Indian and my wife is a french, We have recently arrived in the UK. I am on a non-EEA family permit.

    My permit expires in the end of December 07.

    I am wondering what would be better of the following

    1. For me to go to India and apply for a new EEA family permit
    or
    2. Apply for a residence card, but if I do so, my visa still expires in Dec 28 07 and as from the previous post I have seen, I get an idea that we dont get back the passport before 6 months.

    Should that create a problem?

    Or is it better that I go back apply for EEA family permit, and soon as i come back - I apply for the permit.

    If anyone of you can give me some advice on it --- it would be fantastic.

    thnxs

    Anand
     
  2. thsths

    thsths Addicted member

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    Niemiecki (DE)
    Język:
    Deutsch, English
    Correct. 2 is certainly the better option, unless you have to travel in the next 6 months.

    Also if you apply for EEA1 and EEA2 together, the application should be processed within about 6 weeks.

    The danger is that they may refuse you for some reason, and then you are stuck in India.
     
  3. lna79

    lna79 New Member

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    Thanks for the response,

    So my wife(EEA1) and I(EEA2) should apply as soon as possible and I presume we will have our passports back in 2 months (thinking processing time + a litte extra to get our passports back)??? or will it still take 6 months?

    regards

    anand
     
  4. PrincessPeach

    PrincessPeach Member

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    Styczeń 14, 2007
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    processing

    You may be interested in the timeframes at the bottom of this page:

    http://www.ind.homeoffice.gov.uk/applyi ... unationals

    They say you may have to wait for up to 6 months.

    Mine took just on 1 month for an EEA2, but that's because I submitted it with an EEA1 application.

    Timeframes are pretty random though, so don't be caught out. My FMRS (earlier this year) took the better part of 8 months to sort out.

    Good luck!
     
  5. sebhoff

    sebhoff Addicted member

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    Lipiec 7, 2007
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    Yes - but you can always ask for your passport(s) to be returned once you submitted your application. This does not affect the application process itself. And as thsths pointed out, joint EEA1 and EEA2 applications are said to be processed much quicker - so if you submit a joint application soon and immediately ask for your passport to be returned, you'll be able to travel for the rest of the year and return to the UK without trouble.
    Sebastian
     
  6. PrincessPeach

    PrincessPeach Member

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    Getting your passport back during visa processing

    sebhoff is correct about getting your passports back - I did that when I applied for my FMRS. However, you will only be able to enter the UK to live/work up until the period your current visa is valid. I was advised that if I applied for another family permit from abroad to re-enter, that it will most likely cancel the onshore visa application (as you can only have one on the go at any time).
     
  7. sebhoff

    sebhoff Addicted member

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    Re: Getting your passport back during visa processing

    Mhm - I guess that's another one of these cases where the UK authorities deliberately make it difficult to see what your rights and options are... European Law (Directive 2004/38/EC) is absolutely clear on this: You *are* allowed to leave the UK and re-enter it as often as you want. If you are a visa-national, the UK has to issue you with a visa at no cost and as quickly as possible. Even if you don't have a visa and can prove that you have the right to enter the UK (which you *have* by definition as a spouse of a qualified EU citizen) with the help of other documents, they cannot refuse you entry. (Whether they will try to, is of course another question.)
    Your right to be in the UK (or to enter it?) does not depend on having fulfilled administrative procedures, and I can't see how an application for a second Family Permit would cancel an ongoing EEA2 application (which is *not* a visa-application but simply an application for a document that confirms the rights you have anyway...).

    This here is an interesting read: http://ec.europa.eu/commission_barroso/frattini/doc/guide_2004_38_ec_en.pdf - check out Chapter 6.

    Hope this helps.
    Sebastian
     
  8. PrincessPeach

    PrincessPeach Member

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    Rights

    Yep, that all sounds right. I am conservative by nature and didn't want to risk it, given I received that advice. I'm so conservative that I even got a fresh passport for my EEA2 visa because I didn't want to have to go through the application process again to get the visa transferred to a new passport (if I need to get one over the next 5 years).

    I have to say that advice from the Home Office on these sorts of matters is sketchy at the best of times!! Ringing them is like talking to a brick wall most of the time.
     
  9. anand

    anand Member

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    Guys thanks a lot for the replies, it has helped me enormously.

    The first thing I am doing tomorrow morning is applying for EEA1 - for my wife and EEA-2 for me , together.

    This website is great

    love
     
  10. darlinfe

    darlinfe New Member

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    Marzec 3, 2008
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    EEA 2 Card application with EEA 1

    Hi,

    I wanted to find out if Anand or anyone else had any success with applying for an EEA1 and EEA2 combined? If so, how long did it take and did you send in both applications to the Liverpool office? I noticed the EEA 1 shows a Liverpool application address whereas the EEA 2 shows a London/Croyden address.

    I am a US Citizen and my Danish (EEA/EU resident) husband and I relocated here to Manchester UK in January 2008. He lived in the US for 5 years on a US Visa and we met/married and have been together for 3 years. He has a fulltime job, but I have been looking for work, but most employers have a problem with my EEA Family Permit only valid for 6 months. Thus, wanting to apply for my EEA 2 Residence Card.

    Since my husband's job requires travel and needing his passport, I'd hate to submit it and then he has to travel on sudden notice. Sometimes he only has 2 days notice of a business trip.

    So, before going through this process, I'm wondering if we should go through the same process. Send in applications jointly for an EEA 1 and EEA 2, requesting our passports back right away. We would also like to travel together as well thus wanting our passports.

    Can anyone give me clarification or their experience so I have a clearer understanding of this? Any help would be useful!

    Thanks...I'm glad forums like this exist! Cheers! :D
     
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