changing citizenship and wife visa

[fgsch]

Hi,

This a bit complicated to me, so I thought maybe ask here.
I'm argentinean with a work permit visa. My wife is colombian and she has a dependant visa. She recently got the Argentinean passport as well.
My wife is not working at the moment, and the company I work for recently gave me a redundancy notice, so my job will end soon (and therefore my work permit won't be valid any longer).
The good thing is that I've recently obtained the italian citizenship, so we don't have to leave and I can find another job in the meantime.
Now, here's when things become blur to me. I guess that since I've entered the country as argentinean under work permit I need to leave and enter with my italian passport, and then I need to fill a EEA2 form for my wife. Is this correct? Will my wife be able to work in the meantime?
Can anyone shed some light? I'd really appreciate it.

f.-

[vinny]

I don't think that you need to leave the UK in order to apply under European law

[thsths]

Now, here's when things become blur to me. I guess that since I've entered the country as argentinean under work permit I need to leave and enter with my italian passport, and then I need to fill a EEA2 form for my wife. Is this correct? Will my wife be able to work in the meantime?

No, actually you do not need to leave. You need to fill in form EEA1, and as you found out your wife can use EEA2. I would explain the situation in a cover letter. And if you send both forms together, processing should be a bit faster. You will get a certificate of application within a few weeks, and that should state that your wife is allowed to work.

As evidence you will need to include your Italian passport. You will also need to show that you are looking for work and that you have sufficient funds in the mean time. Other than that the application is just a formality.

[fgsch]

Thanks for your replies.

..
No, actually you do not need to leave. You need to fill in form EEA1, and as you found out your wife can use EEA2.
..

One question, tho. Isn't the EEA1 voluntary? Isn't enough to send the EEA2 for my wife? btw, is there any faster way to do the EEA2, like in person as with the work permit paperwork?
Cheers.

f.-

[thsths]

One question, tho. Isn't the EEA1 voluntary?

Yes, it is voluntary. But if you apply for EEA2, you need to include the evidence anyway, so you can just as well get your residence certificate. Also including the EEA1 application does speed up the process to about 2 months (instead of 6). Unfortunately that is as fast as it goes - it is not possible to apply on EEA2 in person.

[yankeegirl]

Just a heads up, after 29 Feb, EEA1 and EEA2 applications are to be sent to different addresses, so I don't know if after that applying for both together will speed things up.

[thsths]

Just a heads up, after 29 Feb, EEA1 and EEA2 applications are to be sent to different addresses, so I don't know if after that applying for both together will speed things up.

Yes, I have noticed that. This is a very strange move, since the same documents need to be included with the application for EEA1 and EEA2. Separating the processing of both applications can only increase the chaos that is already very much embedded in the process. But I can see your point that they may decide to process the EEA1 application first, and then let the EEA2 application sit in the queue for 6 months.

[VictoriaS]

If applications are being sent together they should go to the Liverpool address (EEA1).

Victoria

[yankeegirl]

If applications are being sent together they should go to the Liverpool address (EEA1).

So they can still be sent in together? That's good to know. I was wondering how that would work since, as thsths mentioned, a lot of the documentation is needed for both applications.

[sakura]

FYI, as an Italian citizen you need to register with AIRE - Registry of Italian citizens resident abroad:

http://www.amblondra.esteri.it/Ambascia ... /Anagrafe/

I'm assuming you obtained Italian citizenship by descent? (This doesn't change anything for you.) Do you speak Italian (as the form might be in Italian only)?

[fgsch]

FYI, as an Italian citizen you need to register with AIRE - Registry of Italian citizens resident abroad:

http://www.amblondra.esteri.it/Ambascia ... /Anagrafe/

I'm assuming you obtained Italian citizenship by descent? (This doesn't change anything for you.) Do you speak Italian (as the form might be in Italian only)?

Yes, I'm aware and AFAIK they registered me when I obtained the citizenship. It's really a bit of the mess as the information they provided by mail doesn't mention it, but someone confirmed it on the phone when I asked about the passport. You're correct, I got the citizenship by descent (Juris sanguinis) and I understand a bit of italian.
Thanks for checking.

f.-

[fgsch]

If applications are being sent together they should go to the Liverpool address (EEA1).

So they can still be sent in together? That's good to know. I was wondering how that would work since, as thsths mentioned, a lot of the documentation is needed for both applications.

Thanks everyone for the responses, very helpful indeed.

f.-

[darlinfe]

I called the Liverpool office today. Naturally on hold for about 20 minutes to get an answer.

However, I am a US Citizen, my husband is Danish. He has a permanent job here in the UK and I currently have an EEA Family Permit. I arrived in early January 2008.

With that being said, my EEA Family Permit is only good until July 2008 and to better my chances at getting a job, want to apply to get my EEA2 Residence Card as soon as possible. No matter what, potential employers look at the expiry date of my permit and don't want to take a risk. Quite frustrating.

I have read several forums where people suggest sending in an EEA1 and EEA2 together, but due to the new change of processing, the forms are to be sent to different office locations (EEA1 to Liverpool and the EEA to Croydon).

The Liverpool office advised me today that I had to send in the EEA1 form to Liverpool and the EEA2 form to Croydon. Not sure if a longer delay will happen splitting the applications versus how they used to be processed (both at Croydon before 28 Feb 2008). But I am sure there will be a delay, no matter what. I'm trying to stay optimistic...but I haven't sent my forms in yet. Hoping to get input from someone so I might know what to expect.

I was informed that I can reference the Home Office Reference number of my husband's EEA1 application so they know that his passport and other original documents are with the Liverpool office. The reference number can be denoted on the EEA2 application and also in a cover letter.

I would suggest that if anyone has sent in their forms to one office after 29 Feb 2008 let me know what your response has been. If you're successful or not to speed up the process from the lengthy 6 month backlog!

Be aware of the change, since I wanted to verify before potentially delaying the already lengthy wait time.

Cheers and hope to hear some input! It would be nice to verify what the Liverpool office told me.

[yankeegirl]

http://www.immigrationboards.com/viewto ... ht=#146751

Have a look at this thread. It seems the BIA has told the IPLA (Immigration Law Practitioners Association) that, if applying together, the applications are to be sent to Liverpool.

It's hard to verifly what you were told, especially since the people who answer the phone at the HO routinely seem to give incorrect info. They don't actually deal with applications, they just answer the phones and god only knows how much training they get.

The other thing is that you don't actually get a reference number with EEA applications. I just pulled out our confirmations letters from when we had sent in our EEA1/2 apps, and no reference numbers anywhere on either letter.

Now, as far as working, once they get your application, they will send a confirmation letter. Part of the letter states,

"Family members of EEA nationals: Such persons may engage in employment without a work permit and whilst their application for a Residence Card or Permanent Residence Card is under consideration. IND anticipates that in the majority of cases this acknowledgement will be sufficient to satisfy a prospective employer regarding a person's entitlement to seek employment in the United Kingdom"

It also lists a phone number that potential employers can call with queries about one's entitlement to work. The # is 0845 010 6677.

Hope that helps/

[darlinfe]

Thanks for the information Yankeegirl! It is much appreciated.

It's just nice to get a confirmation of the process. I just feel like having to go through another process at this point again, after I already got the EEA Family Permit, is just another hoop to jump through. But I know it has to be done.

I'll be sure to send in the applications together, because it absolutely makes no sense to me to send the applications to two different locations. I kind of made that comment to the guy I spoke to at Home Office, and he absolutely had no idea what to say into response to that.

I know I won't be so lucky to get our EEA applications back so quickly. My EEA permit out of the Los Angeles office only took 2 business days to get approved and then sent back to me next day air. I know I won't get that here in the UK. But hopefully something will happen within 1-2 months versus 6!

Just have to get my husband's employer stamp/signature from their main office and then we're ready to send everything in.

Thanks again and I'll keep you all posted when I send in the paperwork and any progress I receive.

[Directive/2004/38/EC]

My wife is not working at the moment, and the company I work for recently gave me a redundancy notice, so my job will end soon (and therefore my work permit won't be valid any longer).

One thing to be aware of is that you have a right to be in the UK as an EU citizen as long as you are working or looking for work or studying or are self sufficient. Being laid off is not a problem.

Also, you need to get an Italian passport or ID card.