[pach_117]

Hi,
My fiancee is a Spanish and I have got the EEA Family Permit. The validity of it says from 4/4/2012 to 10/4/2012. We are planning to travel to UK in July . Does that means that i will only be able to live in UK till 10/4 and that my boyfriend has to apply for the EEA1 by that date? Or the validity of the Family Permit is for entry purposes, meaning i can enter into UK till 10/4 and once i enter then is when it starts counting the 6 months?
Thank you!

 

[Joppa]

Hi,
My fiancee is a Spanish and I have got the EEA Family Permit. The validity of it says from 4/4/2012 to 10/4/2012. We are planning to travel to UK in July . Does that means that i will only be able to live in UK till 10/4 and that my boyfriend has to apply for the EEA1 by that date? Or the validity of the Family Permit is for entry purposes, meaning i can enter into UK till 10/4 and once i enter then is when it starts counting the 6 months?

Your permit will be valid till 4th Oct no matter when you enter UK. I suggest you apply for your residence card on form EEA2 soonish. Currently it takes about 3-4 months but you get a certificate of application setting out your rights to live and work as family member until you get your card. If you need to travel abroad while you wait, you can ask for return of your passport. Your application will still be in the queue and when it comes to issue your residence card, they usually ask you to send in your passport. There is no overriding need to for your fiancé to get residence certificate on EEA1 but he can if he wants to.
Under EU law, you can still live in UK after your permit expires and getting your residence card isn't mandatory, but it's strongly recommended as definite proof of your entitlement as family member of EEA national.

 

[pach_117]

Thank you so much Joppa!
I thought my fiancee had to apply for EEA1 in order for me to apply for EEA2? Is that correct or i just can apply to EEA2 directly? What is the EEA 1 for then?
For the other side, the EEA2 says " A non-EEA or non-Swiss national who is making an application as an extended family member (such as an unmarried partner or distant relative) must make an application for a residence card to have their right of residence in the UK confirmed" so that means, as i am an unmarried partner, the EEA2 is mandatory right?
In brief, the only thing I have to do to be legal after october 4th, is ,as soon as i arrive in UK on July, applying for EEA2 and once i get the certificate i have proof that i am still legal but have to make sure to have it by October 4th? Thanks a lot!

 

[Joppa]

Thank you so much Joppa!
I thought my fiancee had to apply for EEA1 in order for me to apply for EEA2? Is that correct or i just can apply to EEA2 directly? What is the EEA 1 for then?
For the other side, the EEA2 says " A non-EEA or non-Swiss national who is making an application as an extended family member (such as an unmarried partner or distant relative) must make an application for a residence card to have their right of residence in the UK confirmed" so that means, as i am an unmarried partner, the EEA2 is mandatory right?
In brief, the only thing I have to do to be legal after october 4th, is ,as soon as i arrive in UK on July, applying for EEA2 and once i get the certificate i have proof that i am still legal but have to make sure to have it by October 4th? Thanks a lot!

Yes, being an unmarried partner does put you in more tricky situation so applying for residence card is strongly recommended. Spouses have clear rights under EU. EEA1 isn't compulsory but may come in useful. As you are unmarried, I suggest your partner applies on EEA1 first before you.

 

[pach_117]

Thanks a lot!
Joppa sorry, another question just came up. Can we apply for EEA1 and EEA2 at same time? If I wait till he gets back his Residence Card EEA1, my Family Permit will expire.
Thank you

 

[Jrge]

Thanks a lot!
Joppa sorry, another question just came up. Can we apply for EEA1 and EEA2 at same time? If I wait till he gets back his Residence Card EEA1, my Family Permit will expire.
Thank you

Yes, you can apply for both, EEA1 & EEA2, at the same time. Your fiancee will receive his registration certificate within 4-5 weeks, and you should receive a Certificate of Application (COA) within 4-6 weeks. Since you will be applying as Unmarried Partner, your COA might not allow you to seek/accept employment. UK Border Agency | How to apply for residence documents as the non-EEA family member of an EEA national

The key of any EEA2 application, is for the sponsor -your fiancee in this case- to be exercising Treaty rights. UK Border Agency | Residence documents for European nationals (Yes, part-time employment does count!)

Don't worry if the EEA Family Permit expires before you've received the residence card, as COA will indicate you have an on-going application.

Animo
(Cheers)

 

[pach_117]

Thank you Jorge! I thought the family permit allowed me to work too.
As my Family Permit expires in October 4th, I have to wait till I get my residence card in order to travel abroad right? Can't I travel with the COA?
Thanks again!

 

[Jrge]

Thank you Jorge! I thought the family permit allowed me to work too.
As my Family Permit expires in October 4th, I have to wait till I get my residence card in order to travel abroad right? Can't I travel with the COA?
Thanks again!

The EEA Family Permit will indeed allow you to work, until October 4th.

Nonetheless, I've known people under your same circumstances -unmarried- that have obtained a COA with right to work. But honestly, I don't know what factor(s) Euro caseworkers use to determine that.

I'm afraid you can't travel just with the COA, as you need to show your passport at any port of entry. You can always request it back, but you take the chance on getting your RC stamped on a travel document, which is a simple A4 piece of paper.

Animo
(Cheers)

 

[pach_117]

Dear Joppa/Jorge,
As I said before, we are travelling in july and my FP ends on October 4th. Do you think is better to apply for EEA2 as soon as we get in UK or wait till we get closer to October 4th, so in case we don't get the EEA 2 approval we have the extra 3 months of processing time to stay leagally with the COA.
Do you know if it is common/easy to get the EEA2 approval? Which are the best documents to show them to get it? I am going to UK with a job already as i do home office :ranger: for an American company and my salary is in US Dollars. I think that might help? It did when applying for family permit. Thanks a lot