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Eea Extended Family Member Permit -> Residence Card And/or Tier 2


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#1 oxfordshiregirl

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Posted 02 May 2015 - 05:44 PM

I'm a US national here as the unmarried partner of a Spanish national (currently on 6-month EEA extended family member permit).

 

I have two questions. First, I am applying for a residence card (again as an extended family member) to stay beyond the 6 months of my permit. In the application form they ask about a previous biometric residence permit. I did have my biometric information taken as part of the 6-month extended family member permit - does this qualify? And does it mean that I don't have to go to the post office to give them my biometrics again? I would have assumed fingerprinting etc. wouldn't be necessary as I just did that a few months ago in the US, but elsewhere on the form it implies that you have to do so unless you have an actual previous biometric card. Any help appreciated.

Second question is - I was thinking of also applying for a work visa sponsored by my current employer. My reasoning was that then I would be covered either way - I'd like to be able to stay here independently regardless of my relationship. However, my question is, if I do apply for Tier 2, does that supersede my EEA status (or alternatively would the EEA supersede my UK work visa)? Obviously it would be best to have both independently so that I could stay in the country even if:

1) I lose my job (could stay on EEA permit) or
2) my partner has to return to Spain when his contract ends (could stay on work visa) 

So does one of them somehow invalidate the other?

 

Thanks - any advice very much appreciated!





#2 Jzk

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Posted 25 October 2015 - 08:34 PM

Hi there- I know some time has passed since your post. But I wanted to know how you fared with obtaining your RC?

 

My unmarried partner and I are moving over soon - he has three months left on his Family Permit and we are trying to scramble all the documents for his RC. 

 

How long did it take? How did you go with all the documentation demands they made?

Did you need to travel during the waiting period? What did you do?

 

What did you end up doing?

 

Regards



#3 oxfordshiregirl

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Posted 25 October 2015 - 08:58 PM

Hi,

 

Funnily enough, I just (finally!) obtained my residence card last week! So as for the timing, it took about five months from submitting the application to getting the residence card itself. They told me that they're extremely busy at the moment so I guess it's taking longer than it used to. I didn't go for the Tier 2; it was going to be impossible with the labour test.

 

Definitely worth getting the RC application submitted as soon as possible because your partner will need his Certificate of Application to stay in the country once his family permit runs out. I think it took about a month to get my CoA.

 

I did get in all the documents; I basically used the same ones as we needed for the family permit, but they are a bit stricter with requiring bills/leases etc. proving cohabitation etc. We hadn't lived together quite the full two years, so I wrote a letter explaining the circumstances and then provided a bunch of other stuff showing that we had still been together even though not cohabiting the whole time. 

 

As far as traveling, yes, I have traveled a bunch while waiting for the RC. You can technically request your passport back as soon as they have received your biometric information (do it before that and you will probably cancel your application), but to be safe, it's better to wait for the CoA if you can before asking for your passport back. Once you have the CoA, that works to get you back into the country - just be aware, every time you come in you will get a new 6-month visa stamp that will get canceled the next time you leave, and then when you return you have to get another one. So every time you come into the country, the immigration officer at the airport will have to go get that stamp (they're not allowed to keep it at the desks). They may take you to sit down in the waiting area of the immigration hall while they go get it - and if they're extra-concientious, they will give you a form certifying that they've taken your passport away from you and they'll go check your status in the system. Every officer has made sure to explain reassuringly when they do this that they're just going to check my application status and/or stamp the passport, but just to let you know in case someone doesn't!



#4 Jzk

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Posted 26 October 2015 - 05:52 PM

Wow! Well thanks for the response and congratulations on your RC.

 

A few questions - if I may:

 

  1. Asking for your passport back - was it difficult, where/how is it returned?
  2. I don't think it bothers us that my partner will get a 6 month visa and then a new one each time he goes in and out of the country. You make it sound like a bad thing. Is it?
  3. (Do you go in and out through the EU track at the airport? - just curious)
  4. When you say you provided a bunch of other stuff (documents) showing you were living together - were you strict in supplying exactly 8 as the guidance requests? Did you provide photographs and sms's and the like? (I ask because we are in a difficult situation. In January we will have lived together 2 years in my apartment which I own. I also, for much of this time had a business in my name and all bills were in my name. We have only opened a shared bank account since September 2014. I am trying to figure out if we are in trouble or they will accept this as long as it is backed up?)
  5. When you applied was your EEA Sponsor working? If not was s/he job seeking?

 

One more question - steps for the application for the RC:

1. biometrics at the post office

2. fill in and send off the form with docs

3. receive CoA

4. wait for an answer?

 

Am I right or do you process biometrics after lodging the application?



#5 oxfordshiregirl

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Posted 29 October 2015 - 07:10 PM

Hi again,

 

To answer your questions in order:

 

1. Getting your passport back isn't hard, you do it via their website for requesting the documents back. They'll be returned in the mail. But it's a bit of a toss-up how long it will take so don't make travel plans until you've got it! (We got burned by this and had to miss a trip.)

 

2. It's not a bad thing about having to get a new visa each time - it's just sort of a hassle each time at the airport as you can end up waiting for a while before you get the stamp depending on how thorough they are. And the stamp is bigger so it can start taking up a lot of room in your passport (I travel for work so I collected a lot of these).

 

3. You can't go in and out through EU track until you have the residence card itself - the family permit and/or the CoA aren't enough.

 

4. Your situation sounds familiar - even after we lived together, all my bills still went to my uni address, we didn't have a shared account etc. etc. We provided as much as we could to show at least that we both lived at our address (I think I had some tax documents/national insurance/NHS notices that went there) and also provided a couple of relatively official non-government documents. (Any mobile bills? Online bank account statements with the address?) And then we also provided photos and SMS and emails and so on. Facebook is great for this (scary but great) since you can search "Photos of me and XX" and it will come up with ALL of them - and you can sort of get a "time stamp" if you print out the whole page with the comments and all rather than just the photo. Along with this I sent a letter explaining the situation and why we didn't have the required number/kind of documents. I figure, deluge them with what you've got and it will all support your application in any case. But definitely try to have the number of documents, or as close to it as you can, even if you stretch a bit on what you're including.

 

5. My sponsor was working. Not sure how it works with job seeking under "treaty rights," sorry.

 

On the order, you send in the application first. They will then eventually get back to you about booking a biometrics appointment at the post office. Once you have done the biometrics they send those off and you just wait for the CoA (technically you can request documents back after they have your biometrics but as I say I'd wait for the CoA to be safe). And then you wait some more for the actual card. :-)

 

Hope this helps! Good luck!



#6 Jzk

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Posted 31 October 2015 - 08:26 PM

Hi there again!

 

First I want to say thanks - your help and advice has really helped me relax, I am really stressed about the application process.

 

So you asked for your documents back and then when the time came to put the RC in they asked you to resubmit your passport?

 

Deluge is best - we are going for that and I am hoping it will work!

 

Cheers!



#7 oxfordshiregirl

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Posted 01 November 2015 - 05:37 AM

Nope, you don't have to send your passport back again actually - they'll just send you the card in the mail. I was confused on that too.

 

No problem - very glad to help; it's a confusing process! Good luck to you both.



#8 Jzk

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Posted 18 February 2016 - 09:53 PM

Hi again,

 

I was wondering if you could give some more advice re travelling with the COA.

 

My partner received his CoA two weeks ago and our passports back this week. The passports were accompanied by a letter saying:

 

"If you have requested the return of a passport in order to travel, please not that family members of EEA nationals, who are not themselves EEA nationals, wishing to return to the UK should apply for an EEA Family Permit before returning."

 

Did you receive a similar letter? Did you reapply for a Family Permit?

Their letter makes no mention of the passport stamp you mentioned earlier that is awarded by border control. 

UK Visas have relinquished themselves of all responsibility on this matter by referring me to the Border Force - who of course do not answer the phone.

 

Please advise if you have any tips or info!






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