EEA2 SURINDER SINGH - Transitional Provisions

[waynedaisy]

Under the new case law it was set as three months!! Plus a day to be safe, the centre of life from this case became incompatible with the new case law, so the UK will have to change this. Head home enjoy life forget EEA 2 until the UK starts to follow EU law

[Terpe]

Under the new case law it was set as three months!! Plus a day to be safe, the centre of life from this case became incompatible with the new case law, so the UK will have to change this. Head home enjoy life forget eea2 until the UK starts to follow EU law

Hi there waynedaisy and welcome aboard

EEA2 is the application form for UK Residence Card....why should folks forget that process?
Although not mandatory, life can become complicated and messy without a valid residence card....especially relating to travel outside UK.

[Robert86]

Hi there Terpe! I received this email today from Your Europe Advice:

Thank you, Mr McClure, for contacting Your Europe Advice once more.

We understand that you and your wife returned to the UK in December 2013 and your wife submitted her application in March 2014.

You mention that your wife was issued with an EEA family permit in October 2013 and she was admitted to the UK on 2 December 2013.

In accordance with the Immigration (European Economic Area) (Amendment)(No. 2) Regulations 2013, SI No 2013/3032, Schedule 3 para.2(2), the new regulation 9 (which contains the new transfer of the centre of life test) does not have effect if your wife held a valid EEA family permit issued under the 2006 Regulations before 1 January 2014. Your wife s situation should therefore continue to be assessed under the conditions of the former regulation 9 until such a time as any appeal she may lodge is completed by virtue of the Immigration (European Economic Area) (Amendment)(No. 2) Regulations 2013, SI No 2013/3032, Schedule 3 para.2(4):

(4) Where met, the criteria in subparagraphs (2) and (3) remain satisfied until the occurrence of the earliest of the following events—
(a) the date six months after an EEA family permit has been issued if F has not within that period been admitted to the United Kingdom;
(b) the date on which an appeal against a decision referred to in subparagraph (3)(c) can no longer be brought (ignoring the possibility of an appeal out of time with permission) where no such appeal has been brought;
(c) the date on which any appeal against a decision referred to in subparagraph 3(c) is finally determined, is withdrawn or is abandoned (within the meaning of regulation 25(2) of the 2006 Regulations), save where the outcome of the appeal process is that the document in question falls to be granted;
(d) the date on which F ceases to be the family member of an EEA national or a family member who has retained the right of residence, within the meaning of regulation 10 of the 2006 Regulations; or
(e) the date on which F s right of residence under regulation 15 of the 2006 Regulations (permanent right of residence) is lost in accordance with paragraph (2) of that regulation (right of permanent residence lost through more than two years consecutive absence).


So the European Operations at the Home Office and the EU are both telling me that my wife should be considered under the old regulations/ transitional provisions.. fingers crossed they can issue it quickly and without any hassle..

[Terpe]

....So the European Operations at the Home Office and the EU are both telling me that my wife should be considered under the old regulations/ transitional provisions.. fingers crossed they can issue it quickly and without any hassle..

Hi Robert, I'm sure it will be issued soon.
As you know sometimes it can be longer than the EU suggested.
The good news is that your wife already received her COA which should clearly state her status and that she is allowed to work.