[keyu]

Dear All,
I am a Non-EU family member of a EU citizen (Not British) in the UK currently on a "Fiance/PCP (of a person Settled in the UK) Visa" I obtained last March. My partner holds an EEA1 certificate. My first application for PCP Visa in June 2012 was refused because of the following 2 reasons:

1. My partner was not classified as "being present and settled in the UK" though he has been working and residing in the UK.
2. I have submitted my university degree to satissfy the English language requirement. However, it is not found to be satisfactory alone as a letter from UK NARIC stating my degree was taught in English was missing, although my school and degree was included in the points calculator on UKBA site.

I, then reapplied for Fiance/PCP visa following my partner got the EEA1 and a letter of UK NARIC with the updated documents accompanied by the letter of refusal of entry clearance and my cover letter outlining the reasons for refusal again and my decision to reapply instead of going for appeal.

We have the Civil Partnership ceremony next month, and I'd like to obtain an appropriate visa to be able to stay and work in the UK.

Now, the questions:
1. Though I applied under the category of Proposed Civil Partner of a British Citizen or Person Settled in the UK, can I apply for EEA2-European Residence Card given the fact that he is not British but citizen of EEA?
2. Or the other way around, can I freely choose either to apply under European Scheme or Family Member of a Person Settled in the UK paying the applicable fee?
3. Can I still apply for same day service, though the overall discussions in the forum suggest that it would not be so wise to apply since I have a rejected PCP Visa. Does this mean that I have "a poor immigration history"?
4. If I were allowed to choose freely among alternatives, I may go for the following order:
a. Apply for same day service with the fee
b. Apply under European route (long waiting but at least this is for free)
c. Apply under Family Member of Settled Person (long waiting times+application fee)

I would appreciate your valuable comments and guidelines.
Thanks

 

[Joppa]

Dear All,
I am a Non-EU family member of a EU citizen (Not British) in the UK currently on a "Fiance/PCP (of a person Settled in the UK) Visa" I obtained last March. My partner holds an EEA1 certificate. My first application for PCP Visa in June 2012 was refused because of the following 2 reasons:

1. My partner was not classified as "being present and settled in the UK" though he has been working and residing in the UK.
2. I have submitted my university degree to satissfy the English language requirement. However, it is not found to be satisfactory alone as a letter from UK NARIC stating my degree was taught in English was missing, although my school and degree was included in the points calculator on UKBA site.

I, then reapplied for Fiance/PCP visa following my partner got the EEA1 and a letter of UK NARIC with the updated documents accompanied by the letter of refusal of entry clearance and my cover letter outlining the reasons for refusal again and my decision to reapply instead of going for appeal.

We have the Civil Partnership ceremony next month, and I'd like to obtain an appropriate visa to be able to stay and work in the UK.

Now, the questions:
1. Though I applied under the category of Proposed Civil Partner of a British Citizen or Person Settled in the UK, can I apply for EEA2-European Residence Card given the fact that he is not British but citizen of EEA?

Yes.

2. Or the other way around, can I freely choose either to apply under European Scheme or Family Member of a Person Settled in the UK paying the applicable fee?

Yes, but there is no point in paying high fees when you can get EEA2 for free. Prior to July 2012, family route could get you settlement in two years instead of five for EEA rules, but now they both require 5 years. Significantly, under EEA rules, there is minimum financial requirement.

3. Can I still apply for same day service, though the overall discussions in the forum suggest that it would not be so wise to apply since I have a rejected PCP Visa. Does this mean that I have "a poor immigration history"?

There is no same-day service for EEA2 and can take 6 months or more. PEO appointment for FLR isn't recommended for those with a refusal on their file.

4. If I were allowed to choose freely among alternatives, I may go for the following order:
a. Apply for same day service with the fee
b. Apply under European route (long waiting but at least this is for free)
c. Apply under Family Member of Settled Person (long waiting times+application fee)

As I have said, there is no advantage in applying under family route. While EEA2 application can take time, you can request your passport back for travel, though you may have to explain yourself when re-entering UK. Also consider the implications for UK leaving EU, though it's by no means certain and details are unknown.

 

[keyu]

Yes.



Yes, but there is no point in paying high fees when you can get EEA2 for free. Prior to July 2012, family route could get you settlement in two years instead of five for EEA rules, but now they both require 5 years. Significantly, under EEA rules, there is minimum financial requirement.



There is no same-day service for EEA2 and can take 6 months or more. PEO appointment for FLR isn't recommended for those with a refusal on their file.



As I have said, there is no advantage in applying under family route. While EEA2 application can take time, you can request your passport back for travel, though you may have to explain yourself when re-entering UK. Also consider the implications for UK leaving EU, though it's by no means certain and details are unknown.

Thank you Joppa, it seems that all I have to do is gather all my docs and apply for EEA2.
One last question, if I still go for PEO appointment for FLR although I have a refused visa, I understand that my application may be or may not be received depending on the decision of the officer. If the application is not accepted, then I can stick to EEA route. However, if it is somehow accepted, is it correct to think that the processing time for the application will be shorter compared to the postal route? Otherwise, since the application is not straightforward, is it simply sent to the pool of all applications-if such a pool exists?
Thank you again for your time.

 

[Joppa]

You can't tell. If same-day decision isn't possible, it will be sent to caseworking section to be processed, and they may have a backlog to clear before looking at yours. I'd say there is a fair chance it will be faster than going postal, but each case is different.

 

[keyu]

Dear Joppa,
I hope this post takes your atention as well
As I was surfing the forum pages, I realized that the certificate of application sent by UKBA in accordance with European law. Is it the usual case that the certificate of application may give an entitlement to work in the UK if you are the civil partner of someone exercising treaty rights in the UK?
Though, there are some exceptions listed on UKBA website (ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/]UK Border Agency | How to apply for residence documents as the non-EEA family member of an EEA national), I understand that if the application is straightforward, the certificate of application allows one to work in the UK without waiting for the EEA2 document itself.

Thank you in advance for your answer and useful information you always provide.

 

[Joppa]

It sometimes does and sometimes doesn't. There doesn't seem to be a clear pattern.