EEA2 residence card, please help to complete.

Old Apr 15th 2014, 10:47 pm
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Default Re: EEA2 residence card, please help to complete.

Originally Posted by GJ25
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.
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Old Apr 16th 2014, 7:31 am
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Default Re: EEA2 residence card, please help to complete.

Originally Posted by AngelaV
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!
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Old Apr 16th 2014, 7:56 am
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Default Re: EEA2 residence card, please help to complete.

Originally Posted by BritInParis
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.
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Old Apr 16th 2014, 8:34 am
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Default Re: EEA2 residence card, please help to complete.

Originally Posted by GJ25
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.
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Old Apr 16th 2014, 9:44 am
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Default Re: EEA2 residence card, please help to complete.

Originally Posted by BritInParis
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.
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Old Apr 16th 2014, 4:01 pm
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Default Re: EEA2 residence card, please help to complete.

Originally Posted by GJ25
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?
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Old Apr 17th 2014, 6:56 am
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Default Re: EEA2 residence card, please help to complete.

Originally Posted by BritInParis
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.

Last edited by englishguygoinghome; Apr 17th 2014 at 6:57 am. Reason: auto correct issues
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Old Apr 17th 2014, 7:37 am
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Default Re: EEA2 residence card, please help to complete.

Originally Posted by BritInParis
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
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Old Apr 17th 2014, 7:43 am
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Default Re: EEA2 residence card, please help to complete.

Originally Posted by englishguygoinghome
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,
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Old Apr 17th 2014, 11:04 am
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Default 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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Old Apr 17th 2014, 6:40 pm
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Default Re: EEA2 residence card, please help to complete.

Your children can be enrolled in school with a family permit. In fact, my kids came over on their South African passports; a very long story their British passports did not arrive before we left SA and then the passports did a round the world trip courtesy of DHL and then held by customs because of this so we had to wait for quite some time to get them.

Anyway, there was absolutely no issue in enrolling them and they didn't have a FP, we only provided their birth certificates and proof of address.
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Old Apr 17th 2014, 7:13 pm
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Default Re: EEA2 residence card, please help to complete.

Originally Posted by AngelaV
Your children can be enrolled in school with a family permit. In fact, my kids came over on their South African passports; a very long story their British passports did not arrive before we left SA and then the passports did a round the world trip courtesy of DHL and then held by customs because of this so we had to wait for quite some time to get them.

Anyway, there was absolutely no issue in enrolling them and they didn't have a FP, we only provided their birth certificates and proof of address.
AngelaV, thank you so very much for your feedback. You've put an end to my worries.
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Old Aug 7th 2014, 7:58 pm
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Default Re: EEA2 residence card, please help to complete.

EEA-2 HELP- my husband has got eea1, so does that mean he can live in UK with me for next 5 yrs even without applying for eea2, of course he cant travel in and out of uk then.
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Old Aug 7th 2014, 8:02 pm
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Default Re: EEA2 residence card, please help to complete.

Originally Posted by parcilia
EEA-2 HELP- my husband has got eea1, so does that mean he can live in UK with me for next 5 yrs even without applying for eea2, of course he cant travel in and out of uk then.
If your husband has a EEA1 residence card then he can live in the UK and travel in and out of the UK for the next five years without having to reapply for EEA Family Permits. At the end of the those five years he can apply for his EEA2 permanent residence card providing he is eligible.
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Old Aug 20th 2014, 3:13 pm
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Default Re: EEA2 residence card, please help to complete.

Hi guys , today i need some help for my friend. pls give your solutions point wise so that i can correspond solution to the queries. i really appreciate you guys always helping- Her name is anna and she got married just 3 months after I got married. Her husband is having trouble coming uk. She is European and her husband is Asian. she had won the appeal at the first tier tribunal. but the home office (UK embassy) had filed for permission to appeal to upper tribunal. yesterday she received a notice from upper tribunal that permission to appeal at upper tribunal has been granted to the home office. the date printed on the notice is 26th july 2014. but she has received it yesterday which is 20 august 2014, actually her husband received it so it took time. there is a section which says "direction to parties" and below 7 points are mentioned. she needed some guidance on those instructions. i am copy pasting what she wrote to me-
1). sir,in provision point 2(A) it says if a party wishes to send evidences to upper tribunal, which were not sent to first tier tribunal before, they can send to upper tribunal court, but the person has to send or deliver a notice to the upper tribunal and any other party, indicating nature of the evidence and explaining why it wasn’t send to first tier tribunal before. and then upper tribunal decides if that new evidence will be allowed for consideration. so, i wish to send video recordings file in usb/flash drive/pendrive in digital form this is a video file of me and my husband together. video of our personal and private moments. the reason i couldnt send the videos before to first tier court is because in december 2013 i had shifted accomodation in uk, so when the accomodation was shifted . you can understand there are huge number of boxes and packing done during shifting. it is a tiny usb/flash drive/pendrive and it got misplaced during the shifting accomodation time, and i searched it tremendously so that i could send to first tier tribunal but i couldnt find the usb/flash drive/pendrive that time. the first tier court had given me time till 20 june 2014 to submit any evidences i wish to submit, but unfortunately i couldnt find that video recordings usb file/usb/flash drive/pendrive. but by chance this week on 16august 2014 saturday, i found the usb/flash drive/pendrive containing videos of us


together . hence i allow your goodself to please allow me to send the usb/pendrive/flash drive to the esteemed upper tribunal, i will send by courier , so it will take just few days for the courier service to deliver it to the tribunal court. i would like to send the usb containing the videos recordings of us, which i am confident that the honourable judge would find substantial in understanding that our love is true and we had genuine marriage.please guide me which notice/form i have to send to upper tribunal for this request, and do i have to send any notice to home office too? Or sending just an email is enough.pls guide me how to proceed in this matter.
2). in point 7, in the same paper "directions to parties" it says-the parties shall be aware that a failure to serve evidence as required by these directions may lead to the upper tribunal refusing to admit that evidence. sir we had send evidences to first tier tribunal before and i assume all my evidences are with the first tier tribunal.so what i need to send the upper tribunal now
3).in point 6, in the same paper "directions to parties" it says-a party is not required to re-serve any documentary material that he or she has previously filed with the first tier tribunal, but in all cases an index of all material to be relied on , including that previously filed shall be served on the upper tribunal and the other party , not later than 21 days after these directions were sent. sir, what i have to do this this, because i didnt understand , pls guide me.i got this notice yesterday 19 august 2014, but the notice is dated 24july2014, pls help me because my husband who is the appelent lives in asia so it took time for the letter to reach him. Is there any possibility that further letters/notices sent by tribunal reaches me in London and also my husband . because currently only he is getting all the letters and its taking time, if tribunal sends me in London we can receive it much earlier.
4).in point 5, in the same paper "directions to parties" it says- the parties shall serve on the upper tribunal and any other party, not later than 21 days after these directions were sent- a) an indexed and paginated bundle, containing all documentary evidence upon which it is intended to rely at the forthcoming hearing, pursuant to rule 15(2A) , b)where it is intended to develop the grounds of appeal , a skeleton argument with authorities. sir, what i have to do this this, because i didnt understand , pls guide me.
5.) in point 4, in the same paper "directions to parties" it says- the parties are reminded of the need to make an application pursuant to rule 15(2A) where appropriate , and of the requirements of the rule. sir, what i have to do this this, because i didnt understand , pls guide me.
6)do i have to send any notice to the upper tribunal or first tier tribunal or home office regarding the procedure at the upper tribunal now. in the same paper "directions to parties" it says any response which the respondent to this appeal wishes to make must be sent to upper tribunal no less than 14 days. What is for me to do here. because i thought once the case goes to upper tribunal, the first tier tribunal automatically sends all my evidences to the upper court and i personally dont have to do anything.

Last edited by parcilia; Aug 20th 2014 at 3:59 pm.
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