eea2 application advice please (residence card)

[marikistin]

hi there,
i have a bit of a problem, my eea family permit will be expiring on october 12 and i was to submit it this week but a letter of interview from the jobs and benefits office arrived at our door saying my interview for getting the national insurance number would be on the 11th of october, now this made things a bit complicated as i need the original documents to show the office.with this i wont be able to submit my eea2 application on time.would it be on the technicality to submit it on the date of my eea family permit expiry which is the 12th of october or would it be ok?as someone had advised us before to submit the application 1 or 2 weeks before the valid until date on the family permit.
would you also suggest to make a good cover letter explaining our circumstances? and would financial standing matter this time around?
thanks everyone.:)

[Terpe]

Family permit is for entry purpose only. It has no expiry despite showing a 6 month validity. This is simply due to the visa issuing process that states there must be and end date for the system to function.

Your Family Permit is your right of UK entry and residence.

Take a look at the EEA2 form here ( http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/eea/eea21.pdf)

You will note it states:-

To be used by non-European Economic Area (EEA) or non-Swiss
nationals family members of EEA or Swiss nationals residing in the
UK.
Please note it is not mandatory to complete this application form.
However it will assist in dealing with your application more efficiently
if this form is used. Please read the guidance notes at the front of
this form before making your application.

Take a look at the UKBA website or telephone/e-mail UKBA for confirmation

[Robert86]

Terpe as my previous application for UK family permit was refused as I have both British citizenship and Irish, would my Irish family permit also be refused on the same grounds, even though i have never used the irish passport, never lived there nor worked there :Erm:

[Terpe]

Terpe as my previous application for UK family permit was refused as I have both British citizenship and Irish, would my Irish family permit also be refused on the same grounds, even though i have never used the irish passport, never lived there nor worked there :Erm:

Hi Robert, I was sorry to hear about that UK Family Permit outcome.

I wouldn't want to predict what the result might be with any application for the Irish equivalent of the Family Permit.

Under the umbrella of the 'Common Travel Area' the UKBA and INIS (Irish Naturalisation & Immigration Service) do actually share information with each other to minimise possible circumvention of immigration policies

For me the first issue has to about how you how are you going to demonstrate that for the purposes of immigration you are actually exercising your treaty rights?

The second issue is the fact that your UK Family permit was only just applied for and refused. I personally feel that the time period between that and a new application is just too short and will raise red flags.

In combination these issues may cause the Irish authorities to feel that from the outset you have a real intention to find a way to settle in the UK 'outside' of UK rules.

I think your best strategy is to actually become established in Ireland as a UK citizen.
Find accommodation and find a job. Then after a few months have your wife apply for the Irish Family Permit to join you.

Here's some links that might help you:-

The Irish Naturalisation & Immigration Service (INIS) (http://www.inis.gov.ie/en/INIS/Pages/Join%20Family#NON_EEA_Family_Member_of_EU_Citizen)


Here's some information about Family Members visa application and immigration procedures (http://www.inis.gov.ie/en/INIS/Pages/Join%20Family#NON_EEA_Family_Member_of_EU_Citizen) relating to Ireland

Hope this helps with your thinking.

Sorry it may not come across as positively as you'd hoped for.

[marikistin]

firstly,am sorry to hear about the outcome of your family permit application Robert...Sir Terpe,iv got a few more questions before i submit our eea2 application.,here they are:1.do i need to send my husbands british passport or would d irish passport suffice as its d eea route,2.do i need to provide documents to prove he can support us?,and3.would it be applicable to mention he was previously on jobseekers and had got his job only recently,a month before our application.is it also ok to just send my medical card as proof of my address as we have no utility bills as we only do pay as you go and iv no bank account yet.i hope you can enlighten me on this.thank you so much.all your replies will be greatly appreciated.good day:smile:

[Terpe]

firstly,am sorry to hear about the outcome of your family permit application Robert...Sir Terpe,iv got a few more questions before i submit our eea2 application.,here they are:1.do i need to send my husbands british passport or would d irish passport suffice as its d eea route,2.do i need to provide documents to prove he can support us?,and3.would it be applicable to mention he was previously on jobseekers and had got his job only recently,a month before our application.is it also ok to just send my medical card as proof of my address as we have no utility bills as we only do pay as you go and iv no bank account yet.i hope you can enlighten me on this.thank you so much.all your replies will be greatly appreciated.good day:smile:

I'm really unsure of the complete details of your circumstances.
There's no legal requirement for you to apply for a residence card under form EEA2

Please download and review the EEA2 form and guide and then ask specific questions,
If you are living in UK under family permit then do not use your husbands British passport.
Many of the questions in EEA2 form are highly questionable under EU law.
In principle you only need to be exercising treaty rights.

Sorry I can't give specific answers to your questions. In principle if you complete EEA2 as honestly as you can based on your husband being an Irish national then you should be granted the residence card.

EU law is complex. the UKBA EEA applications are also complex.
Better to start a new thread with your immigration history and questions to get the best opinions you can.

I really not being evasive, I just don't have a good understanding of your situation.