Residence card application non-eaaafter family permit expiry

[Hbuk]

I have read most entries related to non-eea family members but I haven't managed to trace a similar case to mine. I am a non-eu national married to a British citizen. We both lived in the EU but I always had work permit until we got married in 2014( we were residing in the Netherlands) . I changed my status to an EU family member and then applied for a family permit because we planned to relocate to the UK by the end of 2016. Due to my work schedule I could only leave early February 2017 ( I am on 2 months leave at the moment). Once I arrived I applied for a residence card since my family permit is expiring soon. The issue is I need to go back to the Netherlands for work since I have a permanent contract (early April 2017) and I am still in the middle of arranging with my employer the procedure to work remotely from the UK.

I still have my eea family permit because my employer in the Netherlands is applying again for my residence since my husband is relocating to the Netherlands but I have to give it back once my new residence card is issued in the Netherlands.

The problem is my residence Card in the U.K. will take 6 months. I called immigration twice and I was given the same generic answer. This means that I am stuck in the UK and I can't go back to work, nor can I pick up my residence card in the Netherlands . To make matters even more complicated , I had not given my passport for my uk residence card application since I only referred to the 90 pages application form where stated that ID USB sufficient without reading the guide (which specifies non-eu nationals must provide passport ) it means he immigration officer can/will refuse our application and the whole process will be delayed.

My questions are:

1- is it possible that home office will ask me to provide my passport to process my application and any other missing documents instead of sending me a refusal straight away?

2- is it possible to speed up my application if I provide my leave approval and my contract ?

3- what happens if I leave the uk to go back to work before my residence card is issued ? Can I re- enter the uk alone or my husband has to be with me?

4- because of my employment and frequent travel, I will be effectively residing in both the Netherlands because of job and U.K. Because of my husband . It's will have to commute until I sort out my contract to be able to work from uk . Will my residence card application will be affected because I need to be resident in 2 countries ?

It would have been ideal if the uk provides a stamp so people like my case can go in/out meanwhile the application is processed. I don't mind the lengthy process to issue a card but I don't want to be stuck here for 6 months as I have a job to attend to, any info if such measure is available ??


Thank you so much in advance for your answers

H.

[forestgump]

I have read most entries related to non-eea family members but I haven't managed to trace a similar case to mine. I am a non-eu national married to a British citizen. We both lived in the EU but I always had work permit until we got married in 2014( we were residing in the Netherlands) . I changed my status to an EU family member and then applied for a family permit because we planned to relocate to the UK by the end of 2016. Due to my work schedule I could only leave early February 2017 ( I am on 2 months leave at the moment). Once I arrived I applied for a residence card since my family permit is expiring soon. The issue is I need to go back to the Netherlands for work since I have a permanent contract (early April 2017) and I am still in the middle of arranging with my employer the procedure to work remotely from the UK.

I still have my eea family permit because my employer in the Netherlands is applying again for my residence since my husband is relocating to the Netherlands but I have to give it back once my new residence card is issued in the Netherlands.

The problem is my residence Card in the U.K. will take 6 months. I called immigration twice and I was given the same generic answer. This means that I am stuck in the UK and I can't go back to work, nor can I pick up my residence card in the Netherlands . To make matters even more complicated , I had not given my passport for my uk residence card application since I only referred to the 90 pages application form where stated that ID USB sufficient without reading the guide (which specifies non-eu nationals must provide passport ) it means he immigration officer can/will refuse our application and the whole process will be delayed.

My questions are:

1- is it possible that home office will ask me to provide my passport to process my application and any other missing documents instead of sending me a refusal straight away?

2- is it possible to speed up my application if I provide my leave approval and my contract ?

3- what happens if I leave the uk to go back to work before my residence card is issued ? Can I re- enter the uk alone or my husband has to be with me?

4- because of my employment and frequent travel, I will be effectively residing in both the Netherlands because of job and U.K. Because of my husband . It's will have to commute until I sort out my contract to be able to work from uk . Will my residence card application will be affected because I need to be resident in 2 countries ?

It would have been ideal if the uk provides a stamp so people like my case can go in/out meanwhile the application is processed. I don't mind the lengthy process to issue a card but I don't want to be stuck here for 6 months as I have a job to attend to, any info if such measure is available ??


Thank you so much in advance for your answers

H.

My application was refused after 6 months waiting time because I didn't submit original form of my EEA wife's passport. No body called me, sent a letter or email to submit her passport. Just a refuse after 6 months.

[Hbuk]

In my case I had submitted my husband's passport (he is a uk citizen) but I gave my official ID but not my passport as it was not clear from the Application that is mandatory.

I also already obtained family permit for 6 months through the surringder sing route and I have all papers in order. You need to check why no one informed you about the missing documents. There is a document of instructions for civil servants asesssing applications where it's stated they cannot just refuse the application without requesting more info from the applicant if needed.

[Hbuk]

I would really appreciate any help with answering my questions as I did not manage to find any rekevant information and it looks like it will be a very stressful year. Thanks in advance for your help.

[veraszonyi]

Hi Hbuk,

there is something I do not understand about your post. Are you applying for residence card in the UK whilst your British spouse and yourself have been living in another EU country?
As far as I understand the EEA Family permit (which is for 6 months) and the residence card afterwards can only be obtained if your EEA/British spouse is exercising treaty rights in the UK.
Am I getting this right? Is your husband living and working in the Netherlands?

My husband is non-EU (I am EU citizen, living in the UK) and after we got married in his country he applied for EEA Family Permit in the British Consulate in his country. After the 6 months was over he applied for the Residence Card. But in both cases I had to prove that I have been living and working in the UK because I am his sponsor. Basically the way I understand it the EU/British spouse has to exercise their treaty rights in the country where the non-EU spouse applying. Is this your case?

I hope I can help more. Ask away and good luck to you!

[Hbuk]

Thanks for your reply. I've just realized that my entry is a bit clumsy. I am using my mobile and there were many typos. My husband and I are a genuine case of SS. He did indeed exercise his treaty rights while we were living together in the NL. We both moved there from Malta because I got a job as a highlighlh skilled migrant. We lived in NL for 4 years and half and now we decided to move to UK. I entered the UK with eea family permit and a I applied for residence card a month ago. Until today I haven't received any feedback from home office nor did they take a payment from my card and no info can be provided by them.

I enclosed a letter to specify that I need to be able to travel for business early April but after reading this forum thougrouly most applications take 6 months which is quite frustrating because I need to get back to NL periodically for my work and I must be flexible due to my work committements which involve frequent travels. I just cannot understand how home office assumes that people can put their lives on hold for six months! I risk to lose how I make my living, career, etc but it doesn't seem to matter! Furthermore, the whole process is unclear and it feels like people have to do a lot of asking around to find info which unacceptable. There should be clear instructions so everyone avoids stressful times.

[rabguy]

a fp does not expire as such you have to leave the country. the exire date is for when you can use it up to that date to enter the uk. if you do not apply for a Rc everytime you leave the uk you need to reapply. you can stay in uk years on a FP alone as long as you have exercised eu treaty rights. a RC is only a formality not a nessesity to clarify your right to residence.

[rabguy]

RC are taking a very long time 6 months.. they are also being refused left right and center because the uks new rules.. UNLAWFUL RULES BUT THEY ARE REFUSING THEM BY THE 100S

[Hbuk]

Thanks for the clarification but it's quite confusing how the system works here. It's misleading and not straight forward! How is it possible to reapply for family permit every time one exits the UK? It takes at least a month to be approved so a person it meant to stay abroad until a FP is received ? It doesn't sound practical to me. On what basisc RC are being refused? If the FP is approved, so should the RC if all the requirements are fulfilled!

[kimarie606]

Hbuk, I feel your pain! My husband is in the UK with me on an EEA family permit which will expire in April. We are going to submit his EEA2 app as soon as possible (I wish we had realized how urgent this was ), but I don't understand why he can't travel while awaiting decision?! Plus, he is a visa national, so attempting to re-enter the UK without a visa or EEA FP is very risky/I doubt airlines will allow it. Ugh, we are so frustrated! I think he may return to his home country and apply for another EEA FP while the EEA2 app is under consideration so we aren't held hostage for the next 6 months (especially since our wedding is in France in July!).

[Hbuk]

It's so frustrating for you especially that you are to organize your wedding as well! From what I've read he can come back using COA but not guaranteed, will depend ic they let him board a flight but he needs to have a marriage certificate as well which j assume you don't ah e since you are to get married next July? The best solution is to get a family permit again, otherwise it will be tricky. I will have to do the same because it's the easy way out for now. I hope it will work out for you.

[kimarie606]

We are legally married, just celebrating the wedding this summer in France with family members traveling from several continents, venue reserved, etc. It just didn't cross our minds that he could have a harder time traveling after having gone through the whole EEA FP process and having a right to residence/work, etc. At this point, we are planning to go to another EU country to apply for a second EEA FP before this one expires. I'm hoping to find information on similar experiences as it feels absurd to leave the country just to reapply when he already lives here (processing time in many countries is 5-10 days though which isn't so bad). We shall see. Good luck to you as well!