EEA2/FLR, and travel

[Watsona]

Hi all

We posted a few weeks back about FLR (m) vs. EEA2 for an Irish/American couple resident in London. Several of you kindly replied that we are eligible to apply via either route.

We have called the Home Office several times since, making reference to the passage within the DSP (21.4.7) which refers to Irish nationals but we are still being informed that we have to go with EEA. They say that we have to read the rules on the HO website, which indeed do not appear to include the passage referring to Irish nationals.

Our questions now are two-fold :
1. Should we take the gamble of insisting that we are granted an appointment, and proceed with our application. Has anyone actually succeeded in obtaining FLR(M) via an Irish national resident for less than 5 years? Based on their response so far this appears a bit risky and we don't want to lose the 600 quid.

2. I am currently resident in the UK on a work permit. If we go with the EEA2 and I change jobs on receipt of the letter from the Home Office, where does that leave my legal status for the six month period between my work permit no longer being valid and granting of EEA2 residence card? My understanding is that I am not eligible to apply for a family permit since we are already resident in the UK. Hence I would seem to be in a weird legal limbo. We have non-negotiable travel plans to the US in Sept. and I am concerned that I would be caught out on trying to re-enter the UK.

Any further advice would be much appreciated! Thanks in advance.

[yankeegirl]

Hi again!

I don't know how to put it but the Home Office is wrong lol. I am on a Family Permit, but I have a friend who received an Unmarried Partner visa based on her relationship with an Irish citizen (not dual Irish/British). She moved with him from the US so he definitely did not live in the UK for 5 years prior to the application. This was 3 years ago and she now has her ILR.

When does your work permit expire? Can you apply after getting back from the US? If not, and you are applying for EEA2, you can request your passport back and it does not affect your application. The only thing I would check is if the letter from the HO would be sufficient to get you back into the UK. As far as your status, you are still legally resident while your application is pending, even if your work permit expires in the interim.

[thsths]

2. I am currently resident in the UK on a work permit. If we go with the EEA2 and I change jobs on receipt of the letter from the Home Office, where does that leave my legal status for the six month period between my work permit no longer being valid and granting of EEA2 residence card?

The European law is different from other immigration processes in that you already have the right to work. The application is not necessary to get that right, and neither is the residence card. The residence card is just for clarification, so that you have proof of your right to work.

Oh, and when you apply for EEA2, you will receive a letter stating this within a few weeks. It is called "Certificate of Application", and it serves to demonstrate your right to work while the application is processed.

[JAJ]

We have called the Home Office several times since, making reference to the passage within the DSP (21.4.7) which refers to Irish nationals but we are still being informed that we have to go with EEA. They say that we have to read the rules on the HO website, which indeed do not appear to include the passage referring to Irish nationals.

You are not going to get very far talking to the so-called "helpline". It is difficult to adequately describe the quality of advice they give, as the words one would like to use are not really suitable for a public forum.

The Immigration Rules are exactly the same, whether implemented by UKVisas or the Home Office.

And if you want a reference to a Home Office document attesting to the fact that Irish citizens are automatically considered "settled" in the UK, this previous thread may provide some guidance:
http://www.immigrationboards.com/viewtopic.php?t=12262

[Watsona]

Thanks all.

I know immigration is complicated but it's scary how uninformed some of these people on the phone are! I guess we just have to hope that the people who consider the application are better informed. In any case we will print out all the relevant references you've provided to include in our application - thanks a lot for this.

Re: EEA2, thsths my understanding is that I could already change jobs so long as an employer was willing to hire me without the certificate or other proof. What would then happen if for some reason our application was not approved? Would I lose my right to work/remain in the UK? (I'm just trying to gauge when it will be safe to resign and lose my Work Permit). We're applying as unmarried partners...

Final question, if we apply for EEA2, get our passports back and re-enter the UK in Sept. following our wedding without a family permit, but with the marriage cert. and the certificate of application, we should be allowed to re-enter without too much hassle - correct? Would like to avoid having to go to LA or chicago for the FP if possible!

Cheers all for your help -

[yankeegirl]

How long are you going to be in the US? You can apply for the FP as soon as you have the marriage certificate. If you are near one of the consulates, the apps are usually dealt with same-day. You can also apply for the FP by post. It usually only takes about two weeks, which could be suitable if you are going to be there for a few weeks. Which state are you getting married in? They should be able to tell you how quicky you can get the marriage certificate. I got married in Manhattan and got it that same day, but other places it can take a few days.

I'm not sure about entering without the FP. They may ask why you didn't get one, but I *think* they could still let you in. But if you get the FP then you could make the EEA2 app as a spouse once you return.

[JAJ]

How long are you going to be in the US? You can apply for the FP as soon as you have the marriage certificate. If you are near one of the consulates, the apps are usually dealt with same-day. You can also apply for the FP by post. It usually only takes about two weeks, which could be suitable if you are going to be there for a few weeks. Which state are you getting married in? They should be able to tell you how quicky you can get the marriage certificate. I got married in Manhattan and got it that same day, but other places it can take a few days.

It's really important that they understand that an FP will mean a long wait for British citizenship. The time could be cut down significantly if they get married and if the Irish spouse becomes naturalised British.

[yankeegirl]

JAJ, I didn't mention that as it was all covered in the previous thread started by the OP.

http://www.immigrationboards.com/viewto ... ght=#92310