EEA2: Change of Circumstances (Student)

[FlyLw]

Hi guys,

I'm thinking of applying for the EEA2 as a student ASAP but I will be graduating in 2 months time, I've been told the applications could take at least 3 or 4 (up to 6) months to get processed. Possibly, by the time our application is being looked at I won't be a student anymore..

Shall I keep sending them letters if I become a job-seeker, employed, etc.?

Thanks!

[Jambo]

Are you the EEA national ("sponsor") or the non EEA national (family member) ?

If you are the EEA national, form EEA1 needs to be used for yourself not EEA2 (which is for non EEA family members)

If you are the non EEA national, what you do is irrelevant. It's the activities of the EEA national that matters.

[FlyLw]

Are you the EEA national ("sponsor") or the non EEA national (family member) ?

If you are the EEA national, form EEA1 needs to be used for yourself not EEA2 (which is for non EEA family members)

If you are the non EEA national, what you do is irrelevant. It's the activities of the EEA national that matters.

Hi Jambo,

The EEA2 will be filled in by my wife (non EEA family member) and I am the EEA national studying in the UK with only 2 months left of my course.

Sorry for the confusion, the question should have been: will the change of circumstances of the EEA National's employment/studying cause a problem for the EEA2 application submitted by the non EEA family member.

[Jambo]

In that case, I would suggest you apply as self sufficient (is your wife working?) rather than a student. It will require medical insurance for both of you (as student, only you need medical insurance).

If you find employment, you can then send an update to the HO but I would not count on the update getting on the system (the HO is in a big mess). That's why I think it is better to stick to one category and not switch.

Alternatively, wait until you find a job and apply then. There is no problem with the EEA FP expiring (apart from proving to employers your wife is allowed to work).

[FlyLw]

Unfortunately, she isn't working at the moment.

Just to confirm a few things with you, how accurate are the statements below;

1. The non EEA family member can accompany the EEA National (as long as he's exercising his Treaty Rights) even 1, 2, 5 yrs after the expiration of the EEA FP.

2. The only purpose of the EEA FP is to have a visa to enter the country. Once entered, even if the FP expires, the non EEA family member can legally stay in the country.

3. The EEA2 Residence Card is for convenience purposes (and travel) only.

4. There is no comprehensive insurance requirement if the EEA national is working full-time in the UK.

All in all, is your expert advice to wait until I've found employment and then apply for the EEA2 RC?

Thank you for your time.

[Jambo]

1. The non EEA family member can accompany the EEA National (as long as he's exercising his Treaty Rights) even 1, 2, 5 yrs after the expiration of the EEA FP.

Assuming the EEA national is exercising treaty rights, the non EEA can travel in and out as much as he wishes even without EEA FP assuming he is a non-visa national. If he is a visa national, he will have problems getting on a flight (even if accompany by the EEA national) as the airline will not let him board. The immigration officer in the UK would let him in (with or without the EEA national) if he can prove the EEA national is exercising treaty rights (so carrying a copy of the marriage certificate and a payslip). The difficulty is getting to the border.

2. The only purpose of the EEA FP is to have a visa to enter the country. Once entered, even if the FP expires, the non EEA family member can legally stay in the country.

Correct. (as long as the EEA national is exercising treaty rights).

3. The EEA2 Residence Card is for convenience purposes (and travel) only.

Correct. The rights are not affected whether you have a RC or not.

4. There is no comprehensive insurance requirement if the EEA national is working full-time in the UK.

full time or part-time workers don't need CSI.

All in all, is your expert advice to wait until I've found employment and then apply for the EEA2 RC?

The experience from the forum is that it less likely to get refused if applied as a worker. If you can afford to wait (i.e. no immediate need for RC for travel or to prove eligibility for employment), I would wait.

[FlyLw]

Thank you for your answers Jambo! Much appreciated.

Just to do the topic title justice (for the benefit of other members who might have a similar question): does the UKBA take into consideration the circumstances of the application on the date it was signed, submitted, and received or when they actually process it (e.g. 3 months later)?

Kind regards
FlyLw.

[Jambo]

Just to do the topic title justice (for the benefit of other members who might have a similar question): does the UKBA take into consideration the circumstances of the application on the date it was signed, submitted, and received or when they actually process it (e.g. 3 months later)?

The HO confirms that on the date of issue you have been living under the EEA regulations based on evidence related to your circumstances when you submitted the application. The HO assumes the circumstances haven't changed and that you will notify them of any change. Sometimes they check if the circumstances have changed.