Immigrationboards.com

Hi there!

My name is Sam, I'm an Italian Aerospace Engineer.

After 2 years of work in Singapore I've received very interesting job offers in the UK, and I decided to move here. I booked 3 weeks in a nice hotel in Birmingham and brought my non-EU wife with me.

Upon arriving in Heathrow I could easily pass the border agent, but my wife got asked how long we were going to stay; I filled a form on her behalf mentioning the 3 paid weeks in the hotel and without further ado she got a stamp on her Passport which says "21 SEP 2013", which is 3 weeks after our arrival date. Take into account that, as an El Salvador citizen, she could have got a maximum of 6-months visa-free permit to stay in the UK.

Now: is that date binding in any way? I understood that by virtue of my treaty rights as jobseeker (and very soon as employee) she has the full right to remain with me. Does she have to leave the country when the 21 of September comes, or anything of the kind?



To try to solve this situation I thought about filling a EEA2 form to sponsor my wife as Jobseeker, but in order to do that, I need a full coverage medical insurance for both: the problem is that most health insurance companies need 6+ months of residence in the UK, and we just have 5 days here!

What do you suggest? I'm extremely confused right now. I am sure I can find a job very soon (I may be able to sign a contract next week!), which will at least allow me to apply for my wife's EEA2 without the medical insurance requirement. But what if I get my contract *after* the 21 of this month? I do NOT want to jeopardize her migratory status.

Please help me!

Thank you in advance, everybody!

- Sam

Remember during 1st three months you are free from exercising treaty rights and applying eea2 rc is optional not mandatory as long as eea national is exercising its treaty rights. Therefore let the 21st september pass whic won't affect at all and can apply eea2 anytime you wish and since you have job offers then once you get job you can even apply at that time.

sheraz7 wrote:Remember during 1st three months you are free from exercising treaty rights and applying eea2 rc is optional not mandatory as long as eea national is exercising its treaty rights. Therefore let the 21st september pass whic won't affect at all and can apply eea2 anytime you wish and since you have job offers then once you get job you can even apply at that time.

Thank you for your kind answer. Is there evidence of this anywhere of the UKBA website or anywhere else? Just in case I need to show it to anybody in the future, once I'll be applying to the EEA2 form as employee.

Aerospace wrote:

sheraz7 wrote:Remember during 1st three months you are free from exercising treaty rights and applying eea2 rc is optional not mandatory as long as eea national is exercising its treaty rights. Therefore let the 21st september pass whic won't affect at all and can apply eea2 anytime you wish and since you have job offers then once you get job you can even apply at that time.

Thank you for your kind answer. Is there evidence of this anywhere of the UKBA website or anywhere else? Just in case I need to show it to anybody in the future, once I'll be applying to the EEA2 form as employee.

http://europa.eu/youreurope/citizens/re ... nts_en.htm

askmeplz82 wrote:

Aerospace wrote:

sheraz7 wrote:Remember during 1st three months you are free from exercising treaty rights and applying eea2 rc is optional not mandatory as long as eea national is exercising its treaty rights. Therefore let the 21st september pass whic won't affect at all and can apply eea2 anytime you wish and since you have job offers then once you get job you can even apply at that time.

Thank you for your kind answer. Is there evidence of this anywhere of the UKBA website or anywhere else? Just in case I need to show it to anybody in the future, once I'll be applying to the EEA2 form as employee.

http://europa.eu/youreurope/citizens/re ... nts_en.htm

Thank you very much people!

So the "21 SEP 2013" she got on her Passport is going to have no meaning whatsoever? Will she get no penalty for overstaying if I apply for her EEA2, say, in October/November?

EDIT: I also found this

https://www.gov.uk/government/uploads/s ... /app-6.pdf

Aerospace wrote:

sheraz7 wrote:Remember during 1st three months you are free from exercising treaty rights and applying eea2 rc is optional not mandatory as long as eea national is exercising its treaty rights. Therefore let the 21st september pass whic won't affect at all and can apply eea2 anytime you wish and since you have job offers then once you get job you can even apply at that time.

Thank you for your kind answer. Is there evidence of this anywhere of the UKBA website or anywhere else? Just in case I need to show it to anybody in the future, once I'll be applying to the EEA2 form as employee.

www.ukba.homeoffice.gov.uk/eucitizens/documents-family

Aerospace wrote:So the "21 SEP 2013" she got on her Passport is going to have no meaning whatsoever? Will she get no penalty for overstaying if I apply for her EEA2, say, in October/November?

I think it would have meaning if she was not a family member of an EEA national.

At the very least, a family member should have an initial right of residence for at least 3 months, in line with the EEA citizen. Immediately after that, she has an Extended right of residence while you are a qualified person.

vinny wrote:

Aerospace wrote:So the "21 SEP 2013" she got on her Passport is going to have no meaning whatsoever? Will she get no penalty for overstaying if I apply for her EEA2, say, in October/November?

I think it would have meaning if she was not a family member of an EEA national.

At the very least, a family member should have an initial right of residence for at least 3 months, in line with the EEA citizen. Immediately after that, she has an Extended right of residence while you are a qualified person.

That's very spot-on information, thank you very much.

So, the fact that I'll apply for her EEA2 *after* the 21 of September should not be a problem at all, and shall not be seen as a misconduct from our part, is it right?

As you understood, the most important thing for me is for her to get her Residence Card (and having a confirmation of her rights to residence and employment) in the smoothest possible way, and as soon as it's viable.

Again, thanks!

- Samuele

note: the only reasons to apply for EEA2 would be
1) if you need proof of her legal residence (ie needs to work etc), as she would have problems finding employment without proof of the entitlement to work (note: she could be self employed etc)
2) To have proof of id etc on one of the Home Office's illegal stop and search processes...

When applying for Tax Credits ETC (if relevant) they would understand the requirements better than employers. - and if you need to claim child benefit ETC.

wiggsy wrote:note: the only reasons to apply for EEA2 would be
1) if you need proof of her legal residence (ie needs to work etc), as she would have problems finding employment without proof of the entitlement to work (note: she could be self employed etc)
2) To have proof of id etc on one of the Home Office's illegal stop and search processes...

When applying for Tax Credits ETC (if relevant) they would understand the requirements better than employers. - and if you need to claim child benefit ETC.

That's the point: she will want to get a job sooner or later, and I'm told the EEA2 is a good way to speed up the process.

I do hope the EEA2 is not too difficult to get given the circumstances, and it should not be at all in our case: we've got 4 years of marriage, and I'm going to be gainfully employed very soon.

My only worry now is this '21 SEP 2013' on her passport being a potential problem upon application, even though everybody here says it's no big deal.

Aerospace wrote:My only worry now is this '21 SEP 2013' on her passport being a potential problem upon application, even though everybody here says it's no big deal.

It doesnt matter, EVEN IF she was initially an illegal overstayer ETC. Caselaw has established that if a person qualifies for a right to reside then they fall under the EEA Regs.

It takes about six months to get the EEA2 RC (or longer, although it shouldnt) so its better to apply ASAP.

They will issue a full Certificate of Application, which will confirm the right of residence / right to work.

@ Aerospace,

Was the immigration office informed that your wife was your family member or did were they given the impression she was just a regular visitor accompanying you?

As your wife, she should have been admitted under article 5.4 of directive 2004/38/ec. I suggest you read it. It explains your rights.

EUsmileWEallsmile wrote:@ Aerospace,

Was the immigration office informed that your wife was your family member or did were they given the impression she was just a regular visitor accompanying you?

As your wife, she should have been admitted under article 5.4 of directive 2004/38/ec. I suggest you read it. It explains your rights.

I did mention the person following me was indeed my wife to the officer, at least twice, but he seemed kind of frantic.

Moreover, the date stamp, as well as the "leave-to-remain" stamp he put on her passport are barely readable.

I'm now going to just ignore the stamps and abide by the European law for what concerns my wife rights. I'll apply for a EEA2 Residence Card as soon as I start employment, be it before or after the 21st of September. I want her to be able to live and work here without having to repeat this history to everyone or having the European law booklet hanging from her neck!

Thank you for your help until now. You've all been extremely helpful.

- Samuele

Go ahead with your plans to submit application for residence card. You may also consider complaining. An ECO ought to be familiar with the immigration regulations. She should not have received a stamp restricting her time in the UK nor her activities.

EUsmileWEallsmile wrote:Go ahead with your plans to submit application for residence card. You may also consider complaining. An ECO ought to be familiar with the immigration regulations. She should not have received a stamp restricting her time in the UK nor her activities.

I know... it feels ugly to have the (albeit unreadable) stamp saying "no public funds / work"... it's in open contradiction to our rights. Yet I believe that the Residence Card sticker - which I'm expecting to get without any complain from the UKBA - does fully supersede the stamps put down by our hasty friend, which should make complaining not necessary. At the end of it, we're coming in peace.

Yes, but bear in mind that an application for residence card could take up to six months. The stamp might cause her some inconvenience. Complaining would not result in any sanctions against yourselves, but may lead to better treatment of others in the future. They might issue a letter effectively nullifying the erroneous stamp.

Doing nothing will mean that you are left with the stamp.

EUsmileWEallsmile wrote:Yes, but bear in mind that an application for residence card could take up to six months. The stamp might cause her some inconvenience. Complaining would not result in any sanctions against yourselves, but may lead to better treatment of others in the future. They might issue a letter effectively nullifying the erroneous stamp.

Doing nothing will mean that you are left with the stamp.

I do understand the application takes up to 180 days, but the COA should come much sooner (one month, maybe?). I'll complain as soon as the stamp generates the slightest inconvenience to our plans. I tried explaining the situation to the UKBA phone center but in three distinct call they've told me my wife was supposed to leave on the 21st of this month. Which says miles about how much they know the laws of their own country.

A written complaint is more likely to lead to the correct answer. Those in call centres may not be familiar with the law. There is a time limit to complaints. If you were to leave it too long, it might not be considered.

Sleep on it!

EUsmileWEallsmile wrote:A written complaint is more likely to lead to the correct answer. Those in call centres may not be familiar with the law. There is a time limit to complaints. If you were to leave it too long, it might not be considered.

Sleep on it!

As long as obtaining the EEA2/COA is not inconvenienced, I won't be doing much in terms of complaining. I'm very busy with my employment situation.

I do believe they won't be complaining about the '21 SEP 2013' stamp, especially if I apply within the 90 days period. I still think we're dealing with thinking people here: I've seen 2+ years overstayers getting their EEA2 in a few weeks with 1-month marriages of convenience; therefore, I can't see how a European Aerospace Engineer and a Central American Executive Chef with 4+ years of marriage should not be allowed to get a basic right to live and work in a European country.

Irregular entry - and this was not irregular - would not influence COA / RC application.