Renouncing British Citizenship to use EEA FP route

[RJF1979]

Hello everyone how is everything going today?

Well we applied for my wife's EEA family permit here in Madrid

We applied on the 26th of May so the home office made a decision today the 10th of June we still don't know if it's a yes or a no. So I'm guessing it will be Monday or Tuesday when we will here something.

so fingers crossed

I hope to hear from you soon

[Amy16]

Hi everyone,

Firstly, Thank you very much for an amazing discussion, this page is saving lives! at least for me..
So finger crossed for all of us

I'm a non-eu who got married to my Brit/Irish man - in UK - & applied for the EEA FM after solicitor said it is ok! (we applied after consulting him NOT Through him), then I found your page shocking me that our application will be refused then me & my husband discussed the situation & find the best solution to renounce his British citizenship & he did 3 months ago.

The stressful situation here is:-
A- We're expecting the refusal letter between Jul/ Aug. & the RN Certificate between Aug./ Sept.
B- Due to the referendum & the new agreement it may affect the whole case as I was overstaying with a few months before the marriage (Due to a mistake of another solicitor)!

--- Actually, I suggest to withdraw the application & reapply again before the 20th Jun.

1- Any ideas whether I should leave time between withdrawing the eea fm application and reapply or it can be next day? (If I don't need the documents)
2- Do you think it affects us that we are doing the whole process from inside UK?

Any suggestions in general, as I feel we are walking in the dark & I can't trust solicitors anymore

Thank you in advance,

[sp84]

Hi everyone,

Firstly, Thank you very much for an amazing discussion, this page is saving lives! at least for me..
So finger crossed for all of us

I'm a non-eu who got married to my Brit/Irish man - in UK - & applied for the EEA FM after solicitor said it is ok! (we applied after consulting him NOT Through him), then I found your page shocking me that our application will be refused then me & my husband discussed the situation & find the best solution to renounce his British citizenship & he did 3 months ago.

The stressful situation here is:-
A- We're expecting the refusal letter between Jul/ Aug. & the RN Certificate between Aug./ Sept.
B- Due to the referendum & the new agreement it may affect the whole case as I was overstaying with a few months before the marriage (Due to a mistake of another solicitor)!

--- Actually, I suggest to withdraw the application & reapply again before the 20th Jun.

1- Any ideas whether I should leave time between withdrawing the eea fm application and reapply or it can be next day? (If I don't need the documents)
2- Do you think it affects us that we are doing the whole process from inside UK?

Any suggestions in general, as I feel we are walking in the dark & I can't trust solicitors anymore

Thank you in advance,

Hi Amy! Welcome to the boards by the way.

What exactly is it that you have applied for? Just curious because as far I know - the EEA Family Permit (which most people on here have used) has the be applied for/issued from OUTSIDE the UK. Plus you said you expect the refusal letter in July/August? The EEA Family Permit normally takes about 2 weeks, sometimes less to be issued.

I have heard people mention about maybe switching visas while in the UK, although I can't comment on that, for fear of giving out inaccurate information.

With regards to the RN, it may come sooner than you think - Mine took 3 months to get stamped and then another month to reach me in the USA. One other user here, got hers back after 6 weeks. There really is no way of knowing.

I am just a little confused about your situation - so you both got married in the UK and then applied for (what?) ... then your husband sent off his RN form 3 months ago?

[Amy16]

Hi sp84,

Thank you for your quick reply and congratulations for your RN

Actually we live in UK, so we applied for EEA (FM): Family member or previously called EEA2 (from inside UK) - which as u know takes average 6 months - Not the FP Route.
It also scares me that everyone here applying from outside! do I miss something?!

Concerning the RN, Yes my husband sent his RN 3 months ago and I've sleepless nights since then!
That's why I think to withdraw the application & reapply before 20th (If I didn't receive the RN certificate v. soon), as the new rules are not our best choice..

Anyway, Wish us all luck

[sp84]

Hi sp84,

Thank you for your quick reply and congratulations for your RN

Actually we live in UK, so we applied for EEA (FM): Family member or previously called EEA2 (from inside UK) - which as u know takes average 6 months - Not the FP Route.
It also scares me that everyone here applying from outside! do I miss something?!

Concerning the RN, Yes my husband sent his RN 3 months ago and I've sleepless nights since then!
That's why I think to withdraw the application & reapply before 20th (If I didn't receive the RN certificate v. soon), as the new rules are not our best choice..

Anyway, Wish us all luck

Aaahh OK I get you now! So you got married and then applied for the Residence Card basically (this is what you apply for INSIDE the UK - the EEA Family Permit is an EEA1, which you would have done from OUTSIDE). Yea if your husband is still British it will probably get rejected - even if you do slip through the net, it could come back and be in issue farther down the line e.g. applying for permanent residence etc

In order to do the EU route as an EEA National - once your husband gets his RN form back, you would have to apply for the EEA Family Permit from outside the UK (it can be done in the Republic of Ireland). With the referendum coming up no one knows though. It may time some time before anything changes, which could give you enough time for the RN to come back etc - but no one really as a definite answer about this at the minute sadly

My flight back to the UK is actually tonight in a few hours time. I will look at the boards again when I am able to get online probably around Wednesday or Thursday.

Best of luck!

[RJF1979]

hi everyone

Just to let everyone know that my wife got her EEA family permit today the dates on it are from the 10/06/2016 to the 10/12/2016

Now for the residence card it will be fun and games..

We are so happy

[Lissa6]

Hi all!

Just thought i would come on here and catch up and see whats news.,
Hows the move gone SP? are you here in the UK now..

The 91 page doc for the 5 year card isn't really 91 pages... we got ours down to 25 i think it was! So if you prefer and don't want to kill a few trees and use all your ink look at what applies first. hehe..

My husband went to Birmingham to do biometrics (again! after having them done in SA) and not to long after that he got the letter saying he will get a reply in 6 months. Since then the who Brexit vote took place etc etc. But thankfully not much will change over night with that so no worries!

Hope everyone else is okay and managing with docs, they do seem scary and daunting but just give as much info as you can especially to do with your relationship and they seem happy with that in the first stages

[sp84]

Hi all!

Just thought i would come on here and catch up and see whats news.,
Hows the move gone SP? are you here in the UK now..

The 91 page doc for the 5 year card isn't really 91 pages... we got ours down to 25 i think it was! So if you prefer and don't want to kill a few trees and use all your ink look at what applies first. hehe..

My husband went to Birmingham to do biometrics (again! after having them done in SA) and not to long after that he got the letter saying he will get a reply in 6 months. Since then the who Brexit vote took place etc etc. But thankfully not much will change over night with that so no worries!

Hope everyone else is okay and managing with docs, they do seem scary and daunting but just give as much info as you can especially to do with your relationship and they seem happy with that in the first stages

Hi Lisa,

Brilliant to hear from you! Yep we are in the UK now - got here on Tuesday 14th June. No issues at all with customs in Heathrow. In the space of a few days I added my wife to my bank account here, registered with the local GP (again no issues, even though I haven't been working). I suppose it helped that is was my local GP that I have been registered with since birth. I also ordered a TV License in advance, with her name on it to show proof of address - that made everything with the bank etc a lot more straight forward. Next step is a getting her a NI number and provisional driving license!

I then sat in front of the computer for dayssssss leading up to the referendum. Got everything together for my wife's RC application. We applied on the basis of self-sufficient and job seeker. I did the same as you Lisa, in that I pulled all of the pages that I didn't need. I also included a 4 page cover letter, detailing our relationship (how we met, ended up in the UK etc), then why I feel I am qualified in both categories. As well as a letter from family, explaining our living conditions (free accommodation etc). From all the research I have done - we should qualify under self-sufficient on its own, but we shall see! I also think that when I do get a job, I will let them know that I am now working (once I get my case #).

Honestly - I didn't really want to apply as self-sufficient and would rather have waited the 3 months in order to find a job etc, but the 23rd June was almost a psychological deadline and the closer it came, the more nervous I got. So I actually sent the application on the 23rd haha!

With the dust settling a little after the vote, as you said Lisa - nothing will change in terms of our course of action. Just carry on as usual. If anything, I have read that the result is actually beneficial to us (on a purely immigration basis) for the time being.

Funnily enough, a few hours after I found out about the vote I was actually more worried about the future of Northern Ireland in a non-EU UK, than I was about my own immigration situation!

Hope everyone else is doing good - feel free to keep checking in. I hope we do stay in touch throughout all of this in order to hear the progress of applications/how we are settling etc

[darren1972uk]

Hi there

Need help on eea2 I'm an Irish citizen living in the uk. My wife ( Cambodian)is already here on a family visa. I'm working my way through eea2 visa. I'm stuck on which section to go to. Is it section 8 for my wife. Plus I thought as an eu citizen we don't have to tell them about work, accomadation ect. Please help .
Thank you
Darren

[sp84]

Hi there

Need help on eea2 I'm an Irish citizen living in the uk. My wife ( Cambodian)is already here on a family visa. I'm working my way through eea2 visa. I'm stuck on which section to go to. Is it section 8 for my wife. Plus I thought as an eu citizen we don't have to tell them about work, accomadation ect. Please help .
Thank you
Darren

Hey Darren,

The Home Office do not need to know your work situation, accommodation etc for EEA 1 (the family permit), but EEA 2 (Residence Card) is a different animal. Also, don't forget that this is your wife's application, not yours.

In order to be issued with a Resdience Card, YOU (not your wife) need to be a qualified person (worker, self employed, student, self sufficient, job seeker). She gets all of her rights through you being qualified. From what I understand you can apply under more than 1 of those categories and the guidance for each of them, explains what sort of evidence you should provide for each category.

Section 8 is for retained right of residence - you only do that section if your wife was applying on the basis that you had died or you had divorced. It is section 11 where you explain how you are a qualified person.

On page 29 it says:

Now go to -
Section 6 if any descendants (children/grandchildren) aged under 21 are included in your
application
Section 7 if any dependent family members (descendants aged 21 or over, parents,
grandparents) are included in your application
Section 8 if you’re applying because you’ve retained your right of residence
Section 9 if you’re applying as the family member of a British citizen under the Surinder Singh
judgment
Section 10 if you’re applying as the family member of an EEA national with permanent
residence
Section 11 if you’re applying as the family member of an EEA national qualified person.

This is the case worker guidance for issuing Residence Cards - https://www.gov.uk/government/uploads/s ... _clean.pdf

I recommend seeing which of the different ways of qualifying applied to you (brilliant if you are working, it should be straight forward)

Also I would recommend including a detailed cover letter from you, explaining your situation in more detail and why you are a qualified person.

[darren1972uk]

Hi there
Need help I lost my Renoucation letter when I gave up my English citizen. Is there anyway of getting another copy. As on the ee2 it is asking if I had another citizen. It's asking for dates( which I can't remember) plus I'm guessing they may need prove.
Thanks for your help
Darren

[sp84]

Hi there
Need help I lost my Renoucation letter when I gave up my English citizen. Is there anyway of getting another copy. As on the ee2 it is asking if I had another citizen. It's asking for dates( which I can't remember) plus I'm guessing they may need prove.
Thanks for your help
Darren

Hey Darren,

From what I understand the RN that you received, is the only copy that you will get from the Home Office.

You can request information from the Home Office though ... through something called a SAR (thanks Clive!) ... https://www.gov.uk/government/publicati ... mmigration

You get access to all the info that they hold for you on file (including their various databases) - but it takes up to 40 days for the information to be released.

You could also try calling the Home Office immigration helpline, just to see what they say.

[magicmus]

hi everyone,
been a while since I was on this forum. It's been all go since my partner joined me in NI and time just seems to be whizzing by. I have left it rather late in doing his RC application, however I have completed the application but just need to pull together a cover letter. Has anyone any suggestions as to what to include in the cover letter? Any help would be greatly appreciated.

Thanks

[noajthan]

hi everyone,
been a while since I was on this forum. It's been all go since my partner joined me in NI and time just seems to be whizzing by. I have left it rather late in doing his RC application, however I have completed the application but just need to pull together a cover letter. Has anyone any suggestions as to what to include in the cover letter? Any help would be greatly appreciated.

Thanks

A RC application is quite straightforward.
Why do you think a cover letter is required?

[magicmus]

I've been advised by 3 other people i know that applied for RC to include a cover letter detailing why he is applying for RC. is this not required?

[noajthan]

I've been advised by 3 other people i know that applied for RC to include a cover letter detailing why he is applying for RC. is this not required?

Do you know on what basis they say that?
Such a letter is not specified in EU law or the free movement Directive.

A RC is an optional confirmatory document that simply confirms someone's status in UK.
UKVI/HO know what its for as it comes from EU law that has been transposed into UK EEA Regs.
You don't need to explain that to the caseworker.

Unless there's anything funny about the application the details in the form (plus adequate documentary supporting evidence) should suffice.

[magicmus]

oh thats good, thanks for clarifying that.Hopefully I can get it posted off first thing tomorrow then.

oh one question maybe you will be able to answer, in the section where it asks what ties the non eea has to his home country is ok just to write family?

[noajthan]

oh thats good, thanks for clarifying that.Hopefully I can get it posted off first thing tomorrow then.

oh one question maybe you will be able to answer, in the section where it asks what ties the non eea has to his home country is ok just to write family?

If those are the ties then yes.
This is an example of where the UK application form goes above and beyond what is required by EU law and the Directive.
One can only speculate on why HO is doing this and for what reason(s) such information is squirelled away for future reference.

[magicmus]

its the only ties he has, he doesn't have any property there or anything he would go back for other than to visit family.