EEA 2

lezamalek · Post by **lezamalek** » Sat Nov 08, 2008 5:17 pm

Hello there.

My czech wife and i got married last month in an anglican church (our choice) after been granted the COA. We've been living together for more than 3 years, we have a 2 year old son. She is working full time and has her resident card.
Any chance for me to have a resident permit?

I've overstayed

many thanks

lezamalek · Post by **lezamalek** » Mon Nov 10, 2008 9:13 pm

Is someone there?

thanks

thsths · Post by **thsths** » Mon Nov 10, 2008 9:31 pm

lezamalek wrote:My czech wife and i got married last month in an anglican church (our choice) after been granted the COA. We've been living together for more than 3 years, we have a 2 year old son. She is working full time and has her resident card.
Any chance for me to have a resident permit?

I guess that she has a registration certification - or the previous equivalent if it was issued before June 2006. Anyway, you should be able to apply for a residence card using form EEA2. Waiting times are long (6-9 months), and an overstay does make it a bit more complicated, but it is not in itself a reason for refusal. Assuming you have no criminal conviction, I cannot see how the card could be refused.

lezamalek · Post by **lezamalek** » Tue Nov 11, 2008 1:41 am

Thanks a lot.

Do i have to sent proof that we've been living together for 3 years? Cos i have them.

thsths · Post by **thsths** » Tue Nov 11, 2008 10:11 am

lezamalek wrote:Do i have to sent proof that we've been living together for 3 years? Cos i have them.

You can, but that should have been checked already when you got the CoA.

lezamalek · Post by **lezamalek** » Tue Nov 11, 2008 4:50 pm

Yes they have been checked but i would like to sent them again since the eea2 application is in another department. Do i need a solicitor for this application?
Thanks

Post by **John** » Tue Nov 11, 2008 5:28 pm

Do i have to sent proof that we've been living together for 3 years?

No, you are now married, so the amount of time the two of you have been together is irrelevant. It is not a requirement of the UK, nor indeed of the EU, that a couple live together before marriage!

I've overstayed

That is no longer relevant, thanks to the Metock judgement handed down by the ECJ in July this year. That is :-

Article 3(1) of Directive 2004/38 must be interpreted as meaning that a national of a non-member country who is the spouse of a Union citizen residing in a Member State whose nationality he does not possess and who accompanies or joins that Union citizen benefits from the provisions of that directive, irrespective of when and where their marriage took place and of how the national of a non-member country entered the host Member State.

-: so it no longer matters that you are an overstayer.

On submitting the form EEA2 you will receive back a letter confirming your ability to work, even while they process the application.

lezamalek · Post by **lezamalek** » Tue Nov 11, 2008 6:12 pm

Thanks a lot and hope you are right.
How long do i have to wait for the letter?

Post by **John** » Tue Nov 11, 2008 9:03 pm

How long do i have to wait for the letter?

Whilst the EU Directive states ... immediately .... because of incompetence at UKBA it will be a few weeks.

lezamalek · Post by **lezamalek** » Sun Nov 23, 2008 6:54 pm

10 days ago i send my eea2 application with my driving licence as proof of ID but last friday my embassy issue me a passport.
What shall i do now?
Thanks

thsths · Post by **thsths** » Mon Nov 24, 2008 1:15 pm

lezamalek wrote:10 days ago i send my eea2 application with my driving licence as proof of ID but last friday my embassy issue me a passport.
What shall i do now?

I think you should wait. Once your case is being considered (in a few months time), you will receive a letter asking for the missing evidence.

lezamalek · Post by **lezamalek** » Mon Nov 24, 2008 9:50 pm

By the way i have not recieved an acknowledgement letter. Is this normal?

lezamalek · Post by **lezamalek** » Mon Nov 24, 2008 9:54 pm

Thanks for the advices.

lezamalek · Post by **lezamalek** » Thu Dec 25, 2008 12:45 am

Hello there

Just to let you know that yesterday i received my best christmas gift: the COA(after 6 weeks). For an overstayed like me, it is a very good present because i have not been working for 3 years. I dont know how long the RC will take to be issue.
Tell me guys: when should i start putting presure on them(OF)?

Many thanks

HAPPY CRISTMAS AND NEW YEAR

Post by **vinny** » Thu Dec 25, 2008 2:00 am

Chapter 5 - Residence Card Applications wrote:5.9 Six-month rule

Community law requires us to decide applications for a Residence Card within 6 months from the date of receipt of the application. Every effort should be made to do so, particularly where an applicant draws our attention to an alleged breach of this requirement. Failure to comply with this requirement could leave the Home Office open to a claim for damages.

lezamalek · Post by **lezamalek** » Thu Dec 25, 2008 6:46 pm

Thanks vinny
Just wondering if this rule apply to overstayed aswell

Post by **John** » Thu Dec 25, 2008 7:17 pm

Yes it does, in accordance with the Metock judgement handed down by the ECJ in the summer, with my emphasis :-

Article 3(1) of Directive 2004/38 must be interpreted as meaning that a national of a non-member country who is the spouse of a Union citizen residing in a Member State whose nationality he does not possess and who accompanies or joins that Union citizen benefits from the provisions of that directive, irrespective of when and where their marriage took place and of how the national of a non-member country entered the host Member State.

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