Do I need to renew my Entry Clearance Visa? A delimma of NonEEA wife to an EEA hubby

[bicesterladee]

Hello FilipinoUK,
I'm new here, and I want to find out some answers to my questions:

I have a question regarding my legal stay in United Kingdom. I am holding an Entry Clearance Visa to UK, which means I (non EEA Family member) have the right to enter UK with my husband (EEA member, Polish) which is written here: http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/.

My concern is as written here: http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/
which states:

Do you need to apply?
You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national.

However, you may be inconvenienced if you do not obtain this confirmation, as:

you may have difficulty proving that you are lawfully resident in the UK;
if you leave the UK, you will usually need to obtain an EEA family permit before returning here, in order to guarantee readmission as the family member of a qualified EEA national; and
you may find it difficult to obtain or change employment.

Then, In this case I do not need to apply. My husband works and lives in UK so apparently my stay will be longer. However, If i don't need to renew my Entry Clearance Visa why am I given an Entry Clearance visa with an Expiration date? the ECvisa will expire December. If I need to renew, when should I renew?

I hope you can help me with this matter as I don't want to be dismissed from the country.
I want to observe legalities in your country.
Thank you.

[Terpe]

Hi bicesterladee, welcome here.

So you have a Family Permit.
This allows you to live and work without restrictions within the UK.

The only reason that the visa has an expiry date is simply due to a 'systems' procedure that does not allow the issue of a visa without expiry.
However, do not worry about this as you will not be considered an overstayer after the expiry date.
You can remain in UK for 5 years
After that time better to apply Permanent Residence.

For the moment though, I would strongly suggest that you apply for a Residence Card.
This will make life much easier for you especially in supporting any employment applications here and also relating to travelling outside UK.

[marikistin]

Sir Terpe would it be an issue if the EEA2 application is submitted a day after the expiry date indicated on the stamped EEA Family Permit? and I have applied recently for a National Insurance Number just before I submitted my EEA2 application and it was refused stating that I have failed to provide sufficient evidence of right to work in UK.Is there anything i can do to resolve that issue?and are we affected with the new rules being implemented for the british/irish nationals?i mean when applying for the residence permit.i hope you can enlighten me.thanks so much.

[Terpe]

Sir Terpe would it be an issue if the EEA2 application is submitted a day after the expiry date indicated on the stamped EEA Family Permit? and I have applied recently for a National Insurance Number just before I submitted my EEA2 application and it was refused stating that I have failed to provide sufficient evidence of right to work in UK.Is there anything i can do to resolve that issue?and are we affected with the new rules being implemented for the british/irish nationals?i mean when applying for the residence permit.i hope you can enlighten me.thanks so much.

As I said, your Family Permit is entry clearance only. Even as past the expiry date it does not count. You are not overstayer.
Just look at the EEA2 application form it states

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.

To stand any chance to prove your status will likely require a COA
(Certificate of Application) for a residence card. This appears to be taking around 4-6 months.
I always suggest that folks should apply for the Residence Card asap just to minimise risks.

Where are you living? UK or Ireland?

[bicesterladee]

Thank you so much Terpe. That made sense to me now. For sure, if I go back to Poland, and If I want to enter the UK again, I have to apply for ECvisa again am I right?

How long is the process of residence card before it will be granted?

Thank you. :))

[bicesterladee]

Marikristin has different issues from me (bicesterladee) Terpe. hehe :d Thanks though.

[marikistin]

thanks sir terpe.we are living in n.ireland nw on eea fp.my husband has dual nationality irish/british.our fp expired last 12oct n i submitted our res card application last 13oct.it just worried me coz i got that refusal letter for natl insurance number and made me feel well down n worried as well.

[Terpe]

Thank you so much Terpe. That made sense to me now. For sure, if I go back to Poland, and If I want to enter the UK again, I have to apply for ECvisa again am I right?

How long is the process of residence card before it will be granted?

Thank you. :))

Without that Residence Card you'll face major issues returning to UK.
The COA is supposed to be proof of your status, but it seems it's not very well understood.

The Residence Card is taking up to 6 months to process just now

[Terpe]

thanks sir terpe.we are living in n.ireland nw on eea fp.my husband has dual nationality irish/british.our fp expired last 12oct n i submitted our res card application last 13oct.it just worried me coz i got that refusal letter for natl insurance number and made me feel well down n worried as well.

As mentioned the processing and issue of Residence Card is taking anything up to 6 months.
It's such a pity that the COA is not well understood. That document is issued by the Home office as your proof of status in UK and is meant to indicate that you, as the holder, should be treated as if you actually had a Residence Card.

If you have an offer of employment but are being refused National Insurance number you should contact your MP and explain. Your MP may be able to get things moving for you.

[bicesterladee]

I went to Lloyds TSB to open an account, and they saw my ECvisa with an expiry dam te. They require 6months before expiry date. I explained to them the situation and they said, that it should be indicated in the passport whatsoever.

I told them that it is just 'systems' procedure that does not allow the issue of a visa without expiry. If I will apply for COA, and it would take 6months, then I could not be able to apply a job (maybe) please advice.

Thanks

[Terpe]

..... If I will apply for COA, and it would take 6months, then I could not be able to apply a job (maybe) please advice.

Thanks

No, if you apply for residence card EEA2 you will receive COA within 4-6 weeks.
The COA will state residence and eligibility for employment.

It's the residence card that is currently taking up to 6 months.

If you check out the UKBA website there is a number to call for inquiries by employers etc. Or get your MP involved.

[bicesterladee]

Okay, so that can confirm I have the right to live and work here without restrictions. :/ I was offered for a job but then now Im having problems withit. So does it also mean that they can employ me while waiting for my residence carD? Hahay.. :( So confused now.

[Terpe]

Okay, so that can confirm I have the right to live and work here without restrictions. :/ I was offered for a job but then now Im having problems withit. So does it also mean that they can employ me while waiting for my residence carD? Hahay.. :( So confused now.

Yes they can employ you. They can telephone UKBA to secure confirmation of that.
But the really important document you should get is that COA.
Unless you formally apply for the residence card you will not get that COA and will face many issues and challenges.
Get your application submitted asap. It's completely free, no charges no hassles.

[bicesterladee]

Now, Im confused with this link page 43
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking/currentguidanceandcodes/comprehensiveguidancefeb08.pdf?view=Binary:omg:

[Terpe]

Now, Im confused with this link page 43
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking/currentguidanceandcodes/comprehensiveguidancefeb08.pdf?view=Binary:omg:

Unfortunately that link doesn't seem to work for me. Just says page not found.

Can you check it?

[bicesterladee]

thanks sir terpe.we are living in n.ireland nw on eea fp.my husband has dual nationality irish/british.our fp expired last 12oct n i submitted our res card application last 13oct.it just worried me coz i got that refusal letter for natl insurance number and made me feel well down n worried as well.

have you applied for a residence card yet? I just wonder how it goes with you?
I have applied for NINo and I received that my NINo has been allocated and they already gave me a number. Does it mean that my application was successful?

[bicesterladee]

Unfortunately that link doesn't seem to work for me. Just says page not found.

Can you check it?

Hello Terpe,

I have finally decided to apply for a Residence card which is an EEA2 application am I right? How many years will the Residence card be valid? and I wonder if they are really going to have an unannouced visit? since my husband is working as a live-in carer and we are not staying together so I hope it won't make my application complicated.

Thank you.

[marikistin]

hello there bicesterladee i have applied my res card last oct n got my coa around last week of oct. as for my national ins number need to be employed first before i could get it as:smile: advised by job center.currently still waiting for decision on our res card.:smile:

[bicesterladee]

hello there bicesterladee i have applied my res card last oct n got my coa around last week of oct. as for my national ins number need to be employed first before i could get it as:smile: advised by job center.currently still waiting for decision on our res card.:smile:

Really? different noh? I already have the allocated NIno even though i don't have work yet. What is written in your COA that you are entitled to work?

Thanks

[bicesterladee]

Is it important to print all sections in this EEA2? Can I only print the pages that need to be filled? Just a questions 'coz 22 pages are a lot. :pray: