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RC through EEA2 application after marrying abroad

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

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tweety0211
Newbie
Posts: 37
Joined: Sun Jan 20, 2013 6:54 pm
European Union

RC through EEA2 application after marrying abroad

Post by tweety0211 » Sun Jan 20, 2013 7:15 pm

Hi everyone! After reading posts here I truly hope someone can help me out and give me some advice on putting together EEA2 application. So..here's my case...
My husband (Latvian) and I married in Serbia, after dating nearly two years.We litteraly flew there and two days later we were married :) We chose to marry over there so our families could both be present.
On this forum Ive read that this could be an issue due to 15 day residence requirement in a country prior to marriage and it can lead to application refusal. Could this really affect my RC application form??
My husband is exercising his threaty rights in the UK, and has never claimed any benefits nor public funds. We are both in the UK, and as one of the members said here, we did not get questioned at all when we got back from Serbia. This might be due to having valid student visa which expires in beginning 2014.

When I apply for a RC, will my student visa be cancelled?
Does the 6 month rule start from the day UKBA recives my application or from the day of issuing COA?
Ive been in the UK for nearly 6 years now, on au pair visa and now student, could I apply for PR?

Cheers
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sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Sun Jan 20, 2013 7:29 pm

How long has your eea partner living in uk? What mode of eea treaty rights he has been excercising presently?
6 months or some times even more months start when they receive application. you cannot apply pr now because you spent your 6 years on uk rules and you will need further 5 years to get pr if your eea partner continue to excercise treaty rights and not away from uk 6+ months in each year.
Last edited by sheraz7 on Sun Jan 20, 2013 7:36 pm, edited 1 time in total.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS
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tweety0211
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Posts: 37
Joined: Sun Jan 20, 2013 6:54 pm
European Union

Post by tweety0211 » Sun Jan 20, 2013 7:35 pm

My husband has been living here almost 7 years. He is employed by same company for since he came here.
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sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Sun Jan 20, 2013 7:42 pm

in this scenario your eea partner must have got pr already. you can very easily apply your application and you even not need to bother too much for your student visa as possession of visa is not important under eea rule.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS
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Obie
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Location: UK/Ireland
Ireland

Post by Obie » Sun Jan 20, 2013 7:44 pm

Well you cannot apply for PR until after 5 years after you got married or apply for ILR 4 years from now under national rules. Subject to you passing Life in the UK test.

The 15days rules was on another thread in regards to a state in Nigeria. I am unsure what rules applies to your country.
Smooth seas do not make skilful sailors
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tweety0211
Newbie
Posts: 37
Joined: Sun Jan 20, 2013 6:54 pm
European Union

Post by tweety0211 » Sun Jan 20, 2013 7:48 pm

he has never applied for an PR. Must he have RC himself in order for me to have RC granted by HO? We have all of his payslips since he came to England, and his employer is willing to write a cover letter if necessary. So, if he does not have RC or PR, must he apply for it or I can apply without him having PR or RC?
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Obie
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Location: UK/Ireland
Ireland

Post by Obie » Sun Jan 20, 2013 7:59 pm

Yes you can apply without it. There is no requirement that he has to have it.

I hope you have evidence of an established relationship.
Smooth seas do not make skilful sailors
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tweety0211
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Posts: 37
Joined: Sun Jan 20, 2013 6:54 pm
European Union

Post by tweety0211 » Sun Jan 20, 2013 8:06 pm

Obie wrote: I hope you have evidence of an established relationship.
we are married, what evidence apart from our marriage cert. and proff of address could we possibly send?? we have copied our utillity bills and payslips, which we intend to send along with originals. That is all that is required in the application form. Do you think we should send something more? im not sure what else could we send, pictures perhaps??
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EUsmileWEallsmile
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Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Sun Jan 20, 2013 9:38 pm

Sounds like a reasonably simple case; EU national working in the UK wants spouse to have a residence card. The procedure specified in directive 2004/38/EC applies.
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Obie
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Location: UK/Ireland
Ireland

Post by Obie » Mon Jan 21, 2013 12:49 am

It does sound like a reasonable case, save for the fact that they only recently got married and the person is now applying for Residence Card.

I am an open minded person, and sometimes i wish UKBA were.

However, if they are unable to show historical background of their relationship prior to marriage, UKBA may conclude that the married purely to secure Residency, which is why i advised that document of the historic nature of the relationship be provided.

I must say there is no obligation for you to do so under Community law or UK law.
Smooth seas do not make skilful sailors
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tweety0211
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Posts: 37
Joined: Sun Jan 20, 2013 6:54 pm
European Union

Post by tweety0211 » Sat Jan 26, 2013 11:12 pm

Obie wrote:It does sound like a reasonable case, save for the fact that they only recently got married and the person is now applying for Residence Card.

I am an open minded person, and sometimes i wish UKBA were.

However, if they are unable to show historical background of their relationship prior to marriage, UKBA may conclude that the married purely to secure Residency, which is why i advised that document of the historic nature of the relationship be provided.

I must say there is no obligation for you to do so under Community law or UK law.
As I said in my post, my husband and I have been together for a while. Even if people marry after dating 2 months, UKBA should not be the one to decide how long people should be together prior to marriage!! My husband proposed to me after dating 5 months. So what??? Is that wrong?? And what document of the historic nature of the relationship should we provide?
We had our wedding planned for autumn 2011 but had to cancel it as I lost my brother during summer 2011. I am not one of those people who came here to abuse the system. I have made my life here from a scratch...learnt the language (5yrs ago i couldnt say a word in English!!), gained degree and met my soulmate. I do appologise if I sound harsh but it just hurts when you and anyone thinks that foreigners come here to abuse the system. What about EU nationals who took jobs around UK and hardly can introduce themselves in English? Are they abusing the system too, or the system is just not right?
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fysicus
Senior Member
Posts: 767
Joined: Sat May 17, 2008 10:04 am
Location: England
Netherlands

Post by fysicus » Sun Jan 27, 2013 8:06 am

Obie wrote:It does sound like a reasonable case, save for the fact that they only recently got married and the person is now applying for Residence Card.
Applying shortly after marriage cannot be a reason to be treated with suspicion! For many people (including OP) the date of marriage is when they acquire their rights under the EEA Regulations, and it is not more than logical, of course, to apply for confirmation of those rights as soon as possible thereafter!

It really sounds like a very straightforward case to me; pretty much the sort of cases the authors of the EU directive had in mind, probably. My situation was very similar, and we didn't encounter any noteworthy problems, but that was about eight years ago.
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EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Jan 27, 2013 9:20 am

tweety0211 wrote:What about EU nationals who took jobs around UK and hardly can introduce themselves in English? Are they abusing the system too, or the system is just not right?
No they are not abusing the system. Don't feel hard done by. Make your application and get on with your life!

Your case sounds really simple and you should not encounter problems. If you do, deal with them if and when they arise.
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EUsmileWEallsmile
Moderator
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Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Sun Mar 10, 2013 10:39 am

@tweety0211; looks like everything went smoothly for you given your other posts.

If you have time, it would be good if you could update your story here.
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tweety0211
Newbie
Posts: 37
Joined: Sun Jan 20, 2013 6:54 pm
European Union

Post by tweety0211 » Sun Mar 10, 2013 10:58 am

yes EUsmileWEallSmile, it went so quickly and easy that its unbelievable. We did not expect to get it that soon, but we are happy we did :) Thank you for your advice and guidance.

EEA2 application sent: 11th February 2013
EEA2 Received by HO: 12th Febryary 2013
COA received: 23rd February 2013 (dated 20th February) with right to work
Passports requested: 26/2/13 and 5/3/13
RC received: 8/3/13 dated 26/2/13
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EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Sun Mar 10, 2013 1:36 pm

Good for you, glad it went so smoothly.
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