British Expats

British Expats (https://britishexpats.com/forum/)
-   Citizenship/Passports and Spouse/Family Visas (UK) (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/)
-   -   EEA2 residence card, please help to complete. (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/eea2-residence-card-please-help-complete-821751/)

Len4ik Jan 15th 2014 9:56 pm

EEA2 residence card, please help to complete.
 
Hello!;)

I have got question regarding how to fill in the EEA2 residence card. I am not eea member, living in UK since aug 2013 and married with eea member, which living here withing 15 years. My visa (eea family member) expire soon. In the eea2 application first part is an Applicant's details, after in section 2 about family members, section 3 is Your national family member. I can't understand shall I put details about my husband? If yes, then where? He doesn't need apply for resid card, it is only for me to stay leggaly in UK.

Could you please clarify for me these sections?

Thanks for your time.

BritInParis Jan 15th 2014 11:27 pm

Re: EEA2 residence card, please help to complete.
 

Originally Posted by Len4ik (Post 11080503)
Hello!;)

I have got question regarding how to fill in the EEA2 residence card. I am not eea member, living in UK since aug 2013 and married with eea member, which living here withing 15 years. My visa (eea family member) expire soon. In the eea2 application first part is an Applicant's details, after in section 2 about family members, section 3 is Your national family member. I can't understand shall I put details about my husband? If yes, then where? He doesn't need apply for resid card, it is only for me to stay leggaly in UK.

Could you please clarify for me these sections?

Thanks for your time.

Your husband's details go in Section 3. Any children or other family members living with in the UK who are not EEA citizens go in Section 2. If it's just you and your husband you can leave Section 2 blank.

Len4ik Jan 16th 2014 5:29 pm

Re: EEA2 residence card, please help to complete.
 

Originally Posted by BritInParis (Post 11080589)
Your husband's details go in Section 3. Any children or other family members living with in the UK who are not EEA citizens go in Section 2. If it's just you and your husband you can leave Section 2 blank.

Hi thank you for fast respond! I also need to know if there some specifies on the EEA2 form?

my husband is italian, I am ukrainian moved here since aug 2013worker and living in UK for 15 yrs, we are married out of Uk in 2013 and have ababy which was born in uk this year.
I mean will I get this card for sure, or can be smth about me?

Which section I have to skip in my case?

I am happy to get any advise!:)

BritInParis Jan 16th 2014 7:06 pm

Re: EEA2 residence card, please help to complete.
 

Originally Posted by Len4ik (Post 11081898)
Hi thank you for fast respond! I also need to know if there some specifies on the EEA2 form?

my husband is italian, I am ukrainian moved here since aug 2013worker and living in UK for 15 yrs, we are married out of Uk in 2013 and have ababy which was born in uk this year.
I mean will I get this card for sure, or can be smth about me?

Which section I have to skip in my case?

I am happy to get any advise!:)

If your husband is Italian and has been in the UK for 15 years then the chances are that your baby is British. If not then the baby would be Italian. Either way the baby doesn't need to be included on the form so leave Section 2 blank.

Providing you are still fulfilling the conditions of your EEA Family Permit it's unlikely that you won't get your residence card.

AngelaV Jan 17th 2014 9:07 pm

Re: EEA2 residence card, please help to complete.
 
I put this together a few weeks ago for the FB group as the question came up fairly often, I hope it helps

EEA2 Sections to be completed by Surinder Singhers:
Section 1 - Non EU Spouse's Details
Section 2 - Only to be completed if more than 1 Non EU family member applying
Section 3 - British Citizen's Details
Section 4 - Leave Blank (not for Surinder Singers)
Section 5 - Definitely Complete
Section 6 - Complete if employed, leave blank if self-employed
Section 7 - Complete if self-employed, leave blank if-employed
Section 8 - Leave Blank (not for Surinder Singers)
Section 9 - Leave Blank (not for Surinder Singers)
Section 10 - Complete (They check)

not2old Jan 17th 2014 9:14 pm

Re: EEA2 residence card, please help to complete.
 

Originally Posted by AngelaV (Post 11083961)
I put this together a few weeks ago for the FB group as the question came up fairly often, I hope it helps

EEA2 Sections to be completed by Surinder Singhers:
Section 1 - Non EU Spouse's Details
Section 2 - Only to be completed if more than 1 Non EU family member applying
Section 3 - British Citizen's Details
Section 4 - Leave Blank (not for Surinder Singers)
Section 5 - Definitely Complete
Section 6 - Complete if employed, leave blank if self-employed
Section 7 - Complete if self-employed, leave blank if-employed
Section 8 - Leave Blank (not for Surinder Singers)
Section 9 - Leave Blank (not for Surinder Singers)
Section 10 - Complete (They check)

Great info Angela. Hope you don't mind me adding the link to the form

Form

http://www.ukba.homeoffice.gov.uk/si...visas/vaf5.pdf


Guidance notes

http://www.ukba.homeoffice.gov.uk/si...b-guidance.pdf

AngelaV Jan 17th 2014 9:37 pm

Re: EEA2 residence card, please help to complete.
 

Originally Posted by not2old (Post 11083969)
Great info Angela. Hope you don't mind me adding the link to the form
]

... Of course not

Here is the link to the online application which also allows you to book your biometrics appointment upon completion

https://www.visa4uk.fco.gov.uk/

Len4ik Jan 17th 2014 11:22 pm

Re: EEA2 residence card, please help to complete.
 

Originally Posted by BritInParis (Post 11082044)
If your husband is Italian and has been in the UK for 15 years then the chances are that your baby is British. If not then the baby would be Italian. Either way the baby doesn't need to be included on the form so leave Section 2 blank.

Providing you are still fulfilling the conditions of your EEA Family Permit it's unlikely that you won't get your residence card.

Thanks again for useful info, I really needed it.

Len4ik Jan 17th 2014 11:23 pm

Re: EEA2 residence card, please help to complete.
 

Originally Posted by not2old (Post 11083969)
Great info Angela. Hope you don't mind me adding the link to the form

Form

http://www.ukba.homeoffice.gov.uk/si...visas/vaf5.pdf


Guidance notes

http://www.ukba.homeoffice.gov.uk/si...b-guidance.pdf

Angela I join to comment, really good info!!!

BritInParis Jan 18th 2014 3:26 pm

Re: EEA2 residence card, please help to complete.
 

Originally Posted by Len4ik (Post 11084067)
Angela I join to comment, really good info!!!

Just be aware that you're not a Surinder Singh case so Angela's list doesn't apply to you.

Len4ik Jan 18th 2014 7:40 pm

Re: EEA2 residence card, please help to complete.
 

Originally Posted by Len4ik (Post 11084063)
Thanks again for useful info, I really needed it.

I am doubting about to send an EEA2, cos here http://www.ukba.homeoffice.gov.uk/si...df?view=Binary I'v found the paragraph with reasons of refusal cases, they say "the parties to the marriage or civil partnership had resided in the UK for at least one year during the duration of the marriage or civil partnership, or..." but we married on June 2013, so at the moment it's less...
My visa expires on Feb, and, obviously I stay here without any legal doc. But I am still EEA family member, having a baby, which was born here in Nov 2014.

What I can go for to make myself legally protected?

Need your suggestions. Loads of Thanks to everybody who provide any inf.

BritInParis Jan 19th 2014 12:49 am

Re: EEA2 residence card, please help to complete.
 

Originally Posted by Len4ik (Post 11084963)
I am doubting about to send an EEA2, cos here http://www.ukba.homeoffice.gov.uk/si...df?view=Binary I'v found the paragraph with reasons of refusal cases, they say "the parties to the marriage or civil partnership had resided in the UK for at least one year during the duration of the marriage or civil partnership, or..." but we married on June 2013, so at the moment it's less...
My visa expires on Feb, and, obviously I stay here without any legal doc. But I am still EEA family member, having a baby, which was born here in Nov 2014.

What I can go for to make myself legally protected?

Need your suggestions. Loads of Thanks to everybody who provide any inf.

That's only if you and your husband divorced. It doesn't apply if you're still married.

You are still legal if you remain in the UK without a residence permit but you won't be able to leave the UK (on holiday for example) and return without applying for another EEA Family Permit so it's best to get a residence card as this lasts for five years.

Len4ik Jan 23rd 2014 10:07 pm

Re: EEA2 residence card, please help to complete.
 

Originally Posted by BritInParis (Post 11085286)
That's only if you and your husband divorced. It doesn't apply if you're still married.

You are still legal if you remain in the UK without a residence permit but you won't be able to leave the UK (on holiday for example) and return without applying for another EEA Family Permit so it's best to get a residence card as this lasts for five years.

I went to the office about this question, and woman told me that once I leave UK (for holidays or smth...) then on entry again will be enough to provide marriage certificate to prove my status as EEA family member.

Is it like this???

BritInParis Jan 24th 2014 12:24 am

Re: EEA2 residence card, please help to complete.
 

Originally Posted by Len4ik (Post 11093868)
I went to the office about this question, and woman told me that once I leave UK (for holidays or smth...) then on entry again will be enough to provide marriage certificate to prove my status as EEA family member.

Is it like this???

Technically yes, providing your husband is will you, but it's much easier if you have your residence card.

Len4ik Jan 25th 2014 10:43 am

Re: EEA2 residence card, please help to complete.
 

Originally Posted by BritInParis (Post 11093962)
Technically yes, providing your husband is will you, but it's much easier if you have your residence card.

Thank you for help.

Len4ik Jan 30th 2014 12:39 pm

Re: EEA2 residence card, please help to complete.
 

Originally Posted by Len4ik (Post 11095979)
Thank you for help.

Excuse me again, Im still about my problem.

Someone told me if I will be given an EEA2, then I can't receive benefits anymore?

Also, I am thinking which additional documents would be better to enclose? I'v got my husband's bank transactions, will it be useful? It's our shared account(as proof of financial activity), child benefits, child tax credit, my nhs documents?

What better to show to get resident card for sure? Which docs?

Looking for you advise) thank you!

Len4ik Jan 31st 2014 9:22 pm

Re: EEA2 residence card, please help to complete.
 
Excuse me again, Im still about my problem.

Someone told me if I will be given an EEA2, then I can't receive benefits anymore?

Also, I am thinking which additional documents would be better to enclose? I'v got my husband's bank transactions, will it be useful? It's our shared account(as proof of financial activity), child benefits, child tax credit, my nhs documents?

What better to show to get resident card for sure? Which docs?

Looking for you advise) thank you:unsure:

GJ25 Apr 13th 2014 6:34 pm

EEA2 residence card
 
Greetings and hello to members of this forum.

I'm new to this forum. I have a query about EEA2 (residence card application). My husband belongs to EEA category and is in UK. My children and I recently applied for Family Permits and we got it. Its validity is six months. We will be travelling to UK next month after which we'd like apply for our residence card which has a validity of 5 years.

I heard that the Residence Card processing takes 3 to 4 months or longer. I work in the Middle East and I won't get leave from office for that long a time. I plan to apply as soon as I get to UK and then ask for my passport to be returned after a few days so that I can travel back and get to work, and thereafter when I get called for my passport I can fly back to return it. This however, I have to do within the timeframe of six months before my family permit expires.

My queries are:
1) Is there a way to shorten the processing time of the Residence Card?
2) Is it possible to apply through any of the premium service centers in UK which uses the Biometric method?

I heard it is possible for foreign nationals to apply at such premium service centers for Biometric Residence Permit (BPR) which has a less processing time but what about those EEA family members who fall under the non-EEA category and apply for Residence card? Can they use the same route for application i.e. through premium service center and get the Residence card sooner?

Apologies for this long post. I'd be very grateful for your feedback.

BritInParis Apr 13th 2014 6:38 pm

Re: EEA2 residence card, please help to complete.
 

Originally Posted by GJ25 (Post 11217264)
Greetings and hello to members of this forum.

I'm new to this forum. I have a query about EEA2 (residence card application). My husband belongs to EEA category and is in UK. My children and I recently applied for Family Permits and we got it. Its validity is six months. We will be travelling to UK next month after which we'd like apply for our residence card which has a validity of 5 years.

I heard that the Residence Card processing takes 3 to 4 months or longer. I work in the Middle East and I won't get leave from office for that long a time. I plan to apply as soon as I get to UK and then ask for my passport to be returned after a few days so that I can travel back and get to work, and thereafter when I get called for my passport I can fly back to return it. This however, I have to do within the timeframe of six months before my family permit expires.

My queries are:
1) Is there a way to shorten the processing time of the Residence Card?
2) Is it possible to apply through any of the premium service centers in UK which uses the Biometric method?

I heard it is possible for foreign nationals to apply at such premium service centers for Biometric Residence Permit (BPR) which has a less processing time but what about those EEA family members who fall under the non-EEA category and apply for Residence card? Can they use the same route for application i.e. through premium service center and get the Residence card sooner?

Apologies for this long post. I'd be very grateful for your feedback.

You can't apply for an EEA Residence Card in person, only by post, which, as you say, takes around 3-4 months. You can however request your passport back after you have lodged your application if you need it to travel. This won't affect your application.

Do you reside in the UK or the Middle East or merely travel frequently to the Middle East?

GJ25 Apr 14th 2014 7:49 am

Re: EEA2 residence card, please help to complete.
 

Originally Posted by BritInParis (Post 11217269)
You can't apply for an EEA Residence Card in person, only by post, which, as you say, takes around 3-4 months. You can however request your passport back after you have lodged your application if you need it to travel. This won't affect your application.

Do you reside in the UK or the Middle East or merely travel frequently to the Middle East?

Thanks for your response. I truly appreciate it :)

I currently reside in Kuwait. I will take my annual leave (one month) and visit UK. I would like to apply during my stay as my family and I plan to relocate to UK soon. My family permit is valid for 6 months. So I have to get this done during that period. After applying I will request for my passport back and then visit UK again after 4 months or so, when they call for my passport.

Apart from the normal procedure, can I apply for Biometric processing of my application at any one of the Premium Service centres which takes less processing time as compared to the by postal method?

Is biometric residence permit (BRP) the same as residence card (EEA2)?

Thanks again.

AngelaV Apr 14th 2014 9:59 am

Re: EEA2 residence card, please help to complete.
 
You can only apply for EEA2 if you reside in the UK.

GJ25 Apr 14th 2014 11:10 am

Re: EEA2 residence card, please help to complete.
 
AngelaV, thanks for your response.

You mean, I can't apply once I arrive UK and during the period of my one month's stay or so? I'm currently holding an EEA family permit valid for 6 months. I was planning to apply during my stay and travel for a couple of months to wind up things outside UK and then return to resubmit my passport. After my Residence Card is ready I intend living in UK with my husband and kids.

Thanks & kind regards.

chaoclive Apr 14th 2014 2:59 pm

Re: EEA2 residence card, please help to complete.
 
You don't need to resubmit your passport. They will put the residence card on an A4 piece of paper and post it out.

The purpose of the EEA2/residence card is to enable you to live in the UK. I'm not sure how they would look at things if you were outside the country for a long time.

GJ25 Apr 14th 2014 4:35 pm

Re: EEA2 residence card, please help to complete.
 

Originally Posted by chaoclive (Post 11218342)
You don't need to resubmit your passport. They will put the residence card on an A4 piece of paper and post it out.

The purpose of the EEA2/residence card is to enable you to live in the UK. I'm not sure how they would look at things if you were outside the country for a long time.

Thanks so much for your response, chaoclive. I'm so happy I don't have to resubmit my passport! I plan to submit my EEA2 application next month or in June and stay in UK for a month thereafter, then leave for a couple of months to finish off things in the middle east, and return soon after to settle in UK for good. I guess since I don't have to resubmit my passport, my husband will be able to tell me if my card has arrived by post while I'm out of UK, right?

Thanks so much:) Truly appreciate your help.

AngelaV Apr 14th 2014 8:03 pm

Re: EEA2 residence card, please help to complete.
 
Hi GJ25, sorry, I didn't realize I had actually posted this last night as I hadn't finished.

What I was going to say is that possibly, it might be better for you to apply for residency once you are settled in the UK. With your family permit, you have 6 months.

I am not sure how the UKBA will look upon a person applying for RC whilst living and working in another country. It could work against you.

BritInParis Apr 14th 2014 8:16 pm

Re: EEA2 residence card, please help to complete.
 

Originally Posted by AngelaV (Post 11218852)
Hi GJ25, sorry, I didn't realize I had actually posted this last night as I hadn't finished.

What I was going to say is that possibly, it might be better for you to apply for residency once you are settled in the UK. With your family permit, you have 6 months.

I am not sure how the UKBA will look upon a person applying for RC whilst living and working in another country. It could work against you.

I concur. Little point applying for a residence card until you're resident. Just ensure your EEA Family Permit is 'To Join' and that'll give you six months to get everything in order.

GJ25 Apr 15th 2014 6:07 am

Re: EEA2 residence card, please help to complete.
 

Originally Posted by AngelaV (Post 11218852)
Hi GJ25, sorry, I didn't realize I had actually posted this last night as I hadn't finished.

What I was going to say is that possibly, it might be better for you to apply for residency once you are settled in the UK. With your family permit, you have 6 months.

I am not sure how the UKBA will look upon a person applying for RC whilst living and working in another country. It could work against you.

Hello AngelaV, yes, you have a point there. Perhaps I should reconsider. I think it would be wiser to stay back an extra month or so to wind up things in Kuwait and then come to UK and apply once I am actually residing there. I have six months EEA Family permit which expires on 06 Oct.

So coming in July or early August would be okay. I hope I will be allowed to work until my Residence Card is under process.

Another important question: I have two children who will be arriving to UK with me. They too have six months EEA family permit. We will be putting in our applications together. There are currently schooling in Kuwait. I was wondering if I can get them enrolled in school for the academic year which starts in September while our applications are in process.

Thanks again. Truly grateful for your help.

GJ25 Apr 15th 2014 6:35 am

Re: EEA2 residence card, please help to complete.
 

Originally Posted by BritInParis (Post 11218870)
I concur. Little point applying for a residence card until you're resident. Just ensure your EEA Family Permit is 'To Join' and that'll give you six months to get everything in order.

Thanks, BritInParis. Truly appreciate your feedback.

Our family permits have "to accompany" since we will be travelling together. Here's how: My husband will be moving to UK ahead of us this month and then coming back after two months for a week or so and then travel together with me and our kids to UK.

I was earlier not planning to resign and go, as I have a very good job but since AngelaV says that not being a resident and applying for RC could be a little risky, so I'm reconsidering going with my husband for good.

Now since our EEA family permits have "to accompany" on the sticker will this pose as problem while applying once we get there and start to reside. Does this also mean, every time I travel to UK, my husband will have to accompany me?

Thanks so very much for your help.

Cheers!

AngelaV Apr 15th 2014 7:23 pm

Re: EEA2 residence card, please help to complete.
 
When we came back, we couldn't register the kids until we had moved into the house in the catchment area but they were able to be enrolled within a day or 2 as soon as I was able to provide proof of residence.

With a family permit, you can start working right away. Just remember to scan a copy of your family permit before you send your passport with the EEA2 application.

AngelaV Apr 15th 2014 7:27 pm

Re: EEA2 residence card, please help to complete.
 
Once you have residency, if you travel in the EU you should apply for a Schengan visa which is free of charge. Outwith EU is subject to each countries rules. Upon return to the UK, it is best to carry your marriage certificate with you. Sometimes, immigration will call your spouse to confirm he/she is residing in UK. You can travel alone though.

BritInParis Apr 15th 2014 10:47 pm

Re: EEA2 residence card, please help to complete.
 

Originally Posted by GJ25 (Post 11219458)
Thanks, BritInParis. Truly appreciate your feedback.

Our family permits have "to accompany" since we will be travelling together. Here's how: My husband will be moving to UK ahead of us this month and then coming back after two months for a week or so and then travel together with me and our kids to UK.

I was earlier not planning to resign and go, as I have a very good job but since AngelaV says that not being a resident and applying for RC could be a little risky, so I'm reconsidering going with my husband for good.

Now since our EEA family permits have "to accompany" on the sticker will this pose as problem while applying once we get there and start to reside. Does this also mean, every time I travel to UK, my husband will have to accompany me?

Thanks so very much for your help.

Cheers!

As you explain it I think you have three options.

1. When your husband returns to collect you and your children then you finish your job and move back to the UK to stay and apply for your residence card.

2. Stay in your job for up to six months after your EEA Permit was issued and get your husband to come and collect you before it expires and then apply for your residence card once you get to the UK.

3. Apply for a new EEA Family Permit "To Join" your family at a later date when it's convenient vis a vis your job.

I guess it just boils down to how long you wish to continue working in Kuwait after the rest of your family returns to the UK. Whichever option you choose I wouldn't apply for your residence card until you actually intend to remain in the UK for the foreseeable future and be prepared to be without your passport for 3-4 months. Once it's issued you'll be able to travel freely in and out of the UK with or without your husband.

GJ25 Apr 16th 2014 7:31 am

Re: EEA2 residence card, please help to complete.
 

Originally Posted by AngelaV (Post 11220593)
When we came back, we couldn't register the kids until we had moved into the house in the catchment area but they were able to be enrolled within a day or 2 as soon as I was able to provide proof of residence.

With a family permit, you can start working right away. Just remember to scan a copy of your family permit before you send your passport with the EEA2 application.

AngelaV, can I enrol my kids in school while the residence card is in process? The kids will enter UK on EEA family permit which is valid for 6 months.

Thanks a lot for your help.

Cheers!

GJ25 Apr 16th 2014 7:56 am

Re: EEA2 residence card, please help to complete.
 

Originally Posted by BritInParis (Post 11220868)
As you explain it I think you have three options.

1. When your husband returns to collect you and your children then you finish your job and move back to the UK to stay and apply for your residence card.

2. Stay in your job for up to six months after your EEA Permit was issued and get your husband to come and collect you before it expires and then apply for your residence card once you get to the UK.

3. Apply for a new EEA Family Permit "To Join" your family at a later date when it's convenient vis a vis your job.

I guess it just boils down to how long you wish to continue working in Kuwait after the rest of your family returns to the UK. Whichever option you choose I wouldn't apply for your residence card until you actually intend to remain in the UK for the foreseeable future and be prepared to be without your passport for 3-4 months. Once it's issued you'll be able to travel freely in and out of the UK with or without your husband.

BritInParis, thank you so much for your feedback. I guess [option 2] works best for me. This way I could give my current job the required notice period (which is three months from the date of resignation--- that's how it is in Kuwait! Unfortunately).

Do you think we will face a problem while enrolling our kids in school when they are on EEA family permit and waiting for their Residence Card?

Much gratitude and appreciation for all your help.

BritInParis Apr 16th 2014 8:34 am

Re: EEA2 residence card, please help to complete.
 

Originally Posted by GJ25 (Post 11221268)
BritInParis, thank you so much for your feedback. I guess [option 2] works best for me. This way I could give my current job the required notice period (which is three months from the date of resignation--- that's how it is in Kuwait! Unfortunately).

Do you think we will face a problem while enrolling our kids in school when they are on EEA family permit and waiting for their Residence Card?

Much gratitude and appreciation for all your help.

If your husband is the EEA National then I presume your children are as well? They shouldn't require an EEA Family Permit, just their EEA passports.

GJ25 Apr 16th 2014 9:44 am

Re: EEA2 residence card, please help to complete.
 

Originally Posted by BritInParis (Post 11221298)
If your husband is the EEA National then I presume your children are as well? They shouldn't require an EEA Family Permit, just their EEA passports.

No, BritInParis, my kids and I are holding Non-EEA passports. It will take some time to get that changed---papers are in process but might take longer.

Can they get enrolled in school with EEA family permits & while they await their Residence Cards?

Many thanks & regards.

BritInParis Apr 16th 2014 4:01 pm

Re: EEA2 residence card, please help to complete.
 

Originally Posted by GJ25 (Post 11221357)
No, BritInParis, my kids and I are holding Non-EEA passports. It will take some time to get that changed---papers are in process but might take longer.

Can they get enrolled in school with EEA family permits & while they await their Residence Cards?

Many thanks & regards.

Are they EEA nationals though? Any EEA Family Permit issued to them in their non-EEA passports would be invalid if they are. What nationality are you and your husband?

englishguygoinghome Apr 17th 2014 6:56 am

Re: EEA2 residence card, please help to complete.
 

Originally Posted by BritInParis (Post 11221841)
Are they EEA nationals though? Any EEA Family Permit issued to them in their non-EEA passports would be invalid if they are. What nationality are you and your husband?

In this case I don't think that would matter. Either, someone states the permit is invalid and let's them in to the country as EEA citizens in their own right, or they allow them in based on the permit. Given that the permit is a technicality and not a requirement, unlike a visa under the UK immigration rules, I can't see it making any difference whether it is technically valid or not, the kids have either a basic or a derived right to be here.

GJ25 Apr 17th 2014 7:37 am

Re: EEA2 residence card, please help to complete.
 

Originally Posted by BritInParis (Post 11221841)
Are they EEA nationals though? Any EEA Family Permit issued to them in their non-EEA passports would be invalid if they are. What nationality are you and your husband?

Hello BritInParis, sorry for not mentioning this earlier. My husband is a Portuguese national. I and my kids are holding Indian passports. We are in the process in registering our marriage in the Portugal Embassy after which we can get our children's birth registered and thereafter their passport changed.

However, this is proving to be a long and frustrating process (although we have an agent) because our marriage certificate has some errors in my parent's names which don't quite tally with the names on my passport, and these misspelt names have to be rectified and the case in still in process. It has been over one year that we are trying to fix this. I don't know if the agent is stalling (having taken full payment) or if he's telling the truth. We keep calling the agent from Kuwait and he keeps saying it is in process. We have now hired a lawyer to rectify things and expedite the process.

Now coming back to the query:
Having got the EEA family permits and with the intention of applying for a Residence Card once in UK, can we enroll the children in school while the RC is in process? I don't want them to miss school on account of our relocation process.


With much gratitude and best regards,
GJ25

GJ25 Apr 17th 2014 7:43 am

Re: EEA2 residence card, please help to complete.
 

Originally Posted by englishguygoinghome (Post 11222803)
In this case I don't think that would matter. Either, someone states the permit is invalid and let's them in to the country as EEA citizens in their own right, or they allow them in based on the permit. Given that the permit is a technicality and not a requirement, unlike a visa under the UK immigration rules, I can't see it making any difference whether it is technically valid or not, the kids have either a basic or a derived right to be here.

Thanks, englishguygoinghome. I'm so worried about this. I don't want my kids missing school on account of our relocation process. I want to be sure they can enroll while their residence card is in process because that itself takes around four months or more to get done.

Best regards,

englishguygoinghome Apr 17th 2014 11:04 am

Re: EEA2 residence card, please help to complete.
 
You're probably best to call the local authority where you expect to live and ask them the question. My guess is that different authorities will have a different answer. Legally, I don't think they can deny access to the school in your case but who knows what paperwork they will ask for?


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