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Need help, EEA family permit & Residence card

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

driftkid
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Post by driftkid » Mon Oct 08, 2012 9:53 am

Increase my earnings? doesn't sound easy, for sponsoring 3 family members I should have £25,000 annual income... I will just apply for the EEA family permit(Singh) before I start settling here in UK.

naija99
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Post by naija99 » Tue Oct 09, 2012 11:51 am

How many payslips are required for an EEA national grandmother applying for her non EU grandchildren under the age of 21?

Is 15 hours a week of work enough to be exericising treaty rights? She does not have the blue card.

naija99
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Post by naija99 » Tue Oct 09, 2012 11:53 am

Also does it make a difference to have the blue card?

naija99
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Post by naija99 » Fri Oct 12, 2012 3:04 pm

Hi Jambo, can you please advise on this?

How long does an EEA national grandmother need to show evidence of treaty rights?

Should/does the blue card make a difference on the application for her two grandchildren under the age of 21 dependent on her?

Jambo
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Post by Jambo » Fri Oct 12, 2012 4:30 pm

naija99 wrote:How many payslips are required for an EEA national grandmother applying for her non EU grandchildren under the age of 21?

Is 15 hours a week of work enough to be exericising treaty rights? She does not have the blue card.
It is not common to hijack someone's else thread. Better to start you own.

Is this for EEA Family Permit or Residence Card?

1-2 monthly payslips of 15 hours per week should be enough to prove the EEA national is exercising treaty rights. There is no need for the blue card.

The more difficult part is to prove they fall under extended family member definition.

naija99
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Post by naija99 » Mon Oct 15, 2012 2:50 pm

Thanks Jambo, sorry about that.

driftkid
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Post by driftkid » Sat Oct 27, 2012 11:31 am

guys, we already applied at the WorldBridge in Rome last Oct 22, 2012, how many days do you think before we will get the results?

driftkid
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Post by driftkid » Sat Nov 03, 2012 8:12 pm

and we got the permit :D !! thanks guys!!!
so whats next? I should apply for residence card when we arrive? Do I need to have work and house before to apply?

Jambo
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Post by Jambo » Sat Nov 03, 2012 10:53 pm

driftkid wrote:and we got the permit :D !! thanks guys!!!
so whats next? I should apply for residence card when we arrive? Do I need to have work and house before to apply?
Next - book a flight and move to the UK.

Once in the UK, they can apply for a 5 years residence card using form EEA2. As you are a Surinder Singh case (a British national moving to the UK after working in another EU country) You should fill in section 5 in the form. You will need to provide evidence of your employment in Italy (similar to what was required for the EEA Family Permit). You don't need to work or to have a house before applying. What you do in the UK is not relevant in your case. Only evidence from Italy is needed. After 5 years of residence in the UK, your family members will become Permanent Residents in the UK and can apply for British nationality if they wish to (your children can apply for British citizenship after 3 years of residence).

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sat Nov 03, 2012 11:43 pm

This is another shocking story.

The visa should be issued on a priority basis. I would contact the embassy to enquire about the delay.

What are your family members presently doing in Italy? Are they just waiting?

Jambo
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Post by Jambo » Sat Nov 03, 2012 11:50 pm

Directive/2004/38/EC wrote:This is another shocking story.

The visa should be issued on a priority basis. I would contact the embassy to enquire about the delay.

What are your family members presently doing in Italy? Are they just waiting?
Shortage of sleeping hours?

The OP just said they received the EEA FP...

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Nov 04, 2012 12:16 am

Jambo wrote:Shortage of sleeping hours?
Of course!

It remains a shocking and typical story though.

driftkid
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Post by driftkid » Sun Dec 23, 2012 11:59 pm

hello guys!! its me again, it was been along time :D
I'm finally with my family here in UK, got a house and now working full time.. now my next step is the EEA2 application, I got the form, do I need to send all original documents? what should I tell the post office? i mean what kind of delivery it will be? thanks guys

driftkid
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Post by driftkid » Mon Dec 24, 2012 1:00 am

while I send all our documents, can my wife apply for a job? how can she apply for a job if she send her passport? and also for applying NI number and claiming benefits?

vinny
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Re: EEA2 refused, please help

Post by vinny » Thu Apr 25, 2013 11:49 am

driftkid wrote:Hello guys it's me again, my wife applied for EEA2 RC, I am a british citizen, my wife and two daughters are Filipinas, they got a EEA Family Permit, which is expiring today, we sent all the supporting documents that we sent for Family Permit, and after 3 months we recieved the refusal letter, stating that we didn't prove that we were residing together in an EEA state (Italy). This is a big joke! We sent them everything, also a certificate of residence(translated). And also my brother-in-law (my sister's husband) sent the same application and same supporting documents for his EEA2 RC, and you know what? they granted him!!

Guys I need your advice, I don't know what to do, do I need to do the appeal? or is there any application for consideration I need to do?, because this is a stupid mistake..

its says in the letter...
"Alternatively, if you consider that you have right to reside in the United Kingdom as a matter of European Law, and are in a position to submit the necessary information to support your application for a residence card as recognition of that right, you may wish to submit a further application for consideration."

do I need to send back the application and documents?? please advice me what to do
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Jambo
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Post by Jambo » Thu Apr 25, 2013 12:14 pm

Have you received all your documents back?

You can write a letter requesting reconsideration of your application pointing out the requested evidence has been provided with the original application. Attach the relevant evidence again just in case.

There is no need for your family to leave the UK.

driftkid
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Post by driftkid » Fri Apr 26, 2013 1:40 am

Yes I have recieved all the documents that we sent, they also indicated in the letter that they are returning the passports, marriage and birth certificate and 1 supporting documents, actually I sent them 4 supporting documents not 1, they are all translated in english, I think they didn't even tried to check all the documents that we sent them. They are telling in the letter that there are no evidence that we lived in Italy before, my younger daughter was born in the Italy!, and besides how come they issued my family with family permit if we can't prove that we lived in Italy before, I sent all the exact documents that i submitted when we applied for EEA family permit.....

And now they are telling me that my family needs to leave the country, just because some persons who can't do their job well...

By the way I sent them back all the supporting documents that proving that I lived and worked with my family before... does this will affect my claim for Tax Credits? how much time I have before I can do the appeal? I just want to try to explain that they are wrong before going for an appeal, and now I need to wait again....

Any advice guys? :(

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Fri Apr 26, 2013 1:11 pm

Appeal first. Complain second. Why do you think you have to leave the UK?

driftkid
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Post by driftkid » Sat Apr 27, 2013 2:13 am

I just sent them a letter, I ask them to re-examine my supporting documents. i sent them back all my supporting documents
In case, they refuse my request again, do I still have time to appeal?

They are funny, they are teeling me that there are NO evidence that we lived in Italy, in fact my daughter was born in Italy!!

Jambo
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Post by Jambo » Mon Apr 29, 2013 12:20 pm

driftkid wrote:I just sent them a letter, I ask them to re-examine my supporting documents. i sent them back all my supporting documents
In case, they refuse my request again, do I still have time to appeal?

They are funny, they are teeling me that there are NO evidence that we lived in Italy, in fact my daughter was born in Italy!!
If you don't want to appeal (because of cost associated with that), you can also reapply.

I would urge you to complain. The UKBA is in a mess but hopefully if you complain, someone more senior will examine your case and realise the mistake they made.

driftkid
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Post by driftkid » Wed May 01, 2013 11:27 am

just sent my appeal. Can i re-apply if the EEA family permit is already expired? Can I re-apply while I'm on appeal?

Jambo
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Post by Jambo » Wed May 01, 2013 11:36 am

driftkid wrote:just sent my appeal. Can i re-apply if the EEA family permit is already expired? Can I re-apply while I'm on appeal?
Yes you can (assuming you got the documents with you). I suspect reapplying would take the longest (compared to reconsideration and appeal).

driftkid
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Post by driftkid » Thu May 02, 2013 10:08 am

I will just leave re-applying as the last option, if something goes wrong with the appeal then I will just re-apply with more evidence next time.
While my wife's application on appeal can she work for the mean time?

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