EEA FP, possible to change valid from date?

[1878]

Hey

Is it possible to change the EEA FP valid from date if the date you wrote on the application is different from the one you actually will travel?

I have already submitted an additional document stating the new date (24 june, the day we have tickets) but today we got the EEA FP back with the date we wrote on the application (30 june). First time we got it, the valid from date was 3may, date of issue. The VAC officer said this was according to the regulation. Can anybody quote that regulation?

This is in Shanghai, China.

[Jambo]

There isn't a regulation that states which of the two dates to use. The ECO was trying to be helpful by giving you as much as possible length of the visa. It's not his fault that the date was wrong or you changed your plans.

You will need to make a new application but

- is the other EEA FP you referred to is for the same person? Is it May 2012? The FP is a multi entry visa so if still valid, ther is no need for a new one.

- is the person travelling a non visa national? Then they can just travel and seek entry as EEA family member at the port in the UK.

-

[1878]

But I added additional documents saying, 22 June 2012, and they issue it from 30 June 2012.

Yes, my wife got two EEA FP in her passport, the first one, valid from 3rd May 2012 is now cancelled. The second one is valid from 30 June 2012 but we have tickets on 24 June 2012. She is from China.

Are you sure we need to make a new application? Cant they just issue a new with the original date (3rd May)

And why do they issue it with a later date without contacting me? So annoying. Have to wait another 4 weeks (20 working days in Shanghai) just for an EEA Family Permit.

[Jambo]

The ECO might have not even looked at the additional document (it is not needed to make a decision). He just followed what you wrote on the application form.

You can try and talk with them and ask for a new FP with a different date. You can also make a new application and explain the reasons for it. Hopefully, this would be issued much quicker this time.

BTW - If she had a valid one from May, why did she apply again?

[1878]

We did not apply again. I simply added a document stating we wanted the valid from date pushed back, closer until we travel because then we would have more time in the UK to apply for EEA2. Then I got another FP back, valid from 30 june instead of the date I wrote and instead of the original valid from 3 may.

Yes, I sent them an email stating this. Why on earth do they issue a FP with a date after I say we will travel on the additional document?

Can they refuse to issue a new FP with the date I requested? I dont see how.

[Jambo]

Then I got another FP back, valid from 30 june instead of the date I wrote and instead of the original valid from 3 may.

In your original post you said you wrote 30/06 on the application form. If this is the case, you can’t really blame the ECO (you could argue he could have applied common sense but it’s not his fault). If you did provide a different date and they made a mistake, they should fix it.

To be honest, there was no need for the second application. The EEA Family Permit main purpose is to act as an entry clearance to the UK for non-visa nationals. Under the EEA regulations, unlike domestic immigration rules, residence rights are derived automatically from the actions of the EEA nationals. There is no need to ask permission or “visa” from the Home Office. What the HO does is just to confirm your status but this is not mandatory. As such, there is no requirement to apply for a Residence Card using EEA2 (but this is advisable to ease entry and find employment). You can apply for a Residence Card whenever you wish. There is no need to apply before the EEA Family Permit “expires”. As long as the EEA national exercises treaty rights in the UK, the family member is legal in the country regardless if he holds valid documents from the HO.

[EUsmileWEallsmile]

Hey

Is it possible to change the EEA FP valid from date if the date you wrote on the application is different from the one you actually will travel?

I have already submitted an additional document stating the new date (24 june, the day we have tickets) but today we got the EEA FP back with the date we wrote on the application (30 june). First time we got it, the valid from date was 3may, date of issue. The VAC officer said this was according to the regulation. Can anybody quote that regulation?

This is in Shanghai, China.

There are plenty of people who appear to struggle to get a family permit (not all down to their own making) and you manage to get two.

Can I suggest you make your mind up with your entry date and stick to it?

Your first one would have worked fine for your plans.

[fysicus]

I simply added a document stating we wanted the valid from date pushed back, closer until we travel because then we would have more time in the UK to apply for EEA2.

This is not necessary at all. If the EEA FP expires before the Residence Card has been issued, it does not affect your status and/or your rights in the UK. Only returning to the UK after a trip abroad might be a bit more cumbersome in this hopefully small window of time. Under EEA Regulations you cannot be seen as an overstayer or an illegal immigrant, or things like that.

[EUsmileWEallsmile]

Following on from my less than helpful post...

In general, if one applies without specifying a date, the visa will be valid from the date of issue. One can request that the visa is post-dated for up to three months.

Example 1; apply on 1st May; no date specified on form; visa dealt with on 8th May. Visa valid from 8th May.

Example 2; apply on 1st May; request validity from 1st June; visa dealt with on 8th May. Visa valid from 1st June.

Best practice. Get visa, then book flights.

[1878]

I simply added a document stating we wanted the valid from date pushed back, closer until we travel because then we would have more time in the UK to apply for EEA2.

This is not necessary at all. If the EEA FP expires before the Residence Card has been issued, it does not affect your status and/or your rights in the UK. Only returning to the UK after a trip abroad might be a bit more cumbersome in this hopefully small window of time. Under EEA Regulations you cannot be seen as an overstayer or an illegal immigrant, or things like that.

Yes, I found this out after I delivered the extra information.

Well I have talked to them, and they will issue a new FP with the date I wrote on the additional documents.

I got pissed off because they clearly ignored the extra information I submitted, very annoying. Anyway, it seems good now. A lack of knowledge from my side from the start and lack of communication from their side resulted in some minor annoyance.

Thanks for the info!

[1878]

Following on from my less than helpful post...

In general, if one applies without specifying a date, the visa will be valid from the date of issue. One can request that the visa is post-dated for up to three months.

Example 1; apply on 1st May; no date specified on form; visa dealt with on 8th May. Visa valid from 8th May.

Example 2; apply on 1st May; request validity from 1st June; visa dealt with on 8th May. Visa valid from 1st June.

Best practice. Get visa, then book flights.

Point is, I requested validity from a date other than the one from the application form. They somehow ignored or have not gotten this information.

I got the visa first, booked flights, then I requested a new validity date, and they gave me the date after we travel, what is up with that???

[1878]

Then I got another FP back, valid from 30 june instead of the date I wrote and instead of the original valid from 3 may.

In your original post you said you wrote 30/06 on the application form. If this is the case, you can’t really blame the ECO (you could argue he could have applied common sense but it’s not his fault). If you did provide a different date and they made a mistake, they should fix it.

To be honest, there was no need for the second application. The EEA Family Permit main purpose is to act as an entry clearance to the UK for non-visa nationals. Under the EEA regulations, unlike domestic immigration rules, residence rights are derived automatically from the actions of the EEA nationals. There is no need to ask permission or “visa” from the Home Office. What the HO does is just to confirm your status but this is not mandatory. As such, there is no requirement to apply for a Residence Card using EEA2 (but this is advisable to ease entry and find employment). You can apply for a Residence Card whenever you wish. There is no need to apply before the EEA Family Permit “expires”. As long as the EEA national exercises treaty rights in the UK, the family member is legal in the country regardless if he holds valid documents from the HO.

Yes, I provided a different date than that from the application form, but they ignored this information.

Your 2nd paragraph: Yes, in hindsight, I know this know.

If I had known this from the start, it would have saved me from all this trouble.

[EUsmileWEallsmile]

Bottom line is that you will either need a new permit or change your flights. 24th June there is time to do either.