# EEA1 and EEA2 aplications



## mekk (Jan 9, 2013)

Hello everyone,

I have got some questions about EEA1 and EAA2 applications.

I am a Non-European living with my European girlfriend for more than 3 years in the UK. First I had a student visa for 2 years then got a post-study work permit visa expiring in February 2014. My girlfriend and I are both engineer working in a permanent position. 

Even though I have got still 1 year visa left, I am planning to apply for a residence card using EEA2 form. 

Question 1: As far as I understand, first my girlfriend needs to apply for residence card using EEA1 form and then I could be able to apply for a non european family member of EU national* (unmarried partner)*. Is that correct? Is it possible to send EEA1 and EEA2 forms together in the same time? or should I wait for her to get the residence card and then apply for myself?

Question 2: I have seen in some forums that I* may not be given* the right to work in the COA letter as I will be applying as unmarried partner. Would it be the case if I have been already living in the UK with a work permit visa and currently working in a permanent position before the application? It would be very very incontinent for to leave my job and wait for a residence card. 

Any help would be greatly appreciated.

Thank you very much in advance.


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## Jrge (Mar 22, 2011)

Hi,


mekk said:


> Hello everyone,
> 
> I have got some questions about EEA1 and EAA2 applications.
> 
> ...


Welcome to the Forum!

1.- Yes, both applications can be sent together.

2.- Unmarried partners are not entitled to all the "benefits" under EU regulations and/or UK immigration rules. However, EURO case workers determine that on an individual basis.

Animo
(Cheers)


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## mekk (Jan 9, 2013)

Thank you for your reply Jrge. 

That s great that the both applications could be sent together. What about the address? Should we put it as "European Applications EEA1 & EEA2"? It is not a big deal I guess they could understand what is going on when look at the applications.

I am not really clear about the second question`s answer. What you mean by "benefits". As far as I know, when you apply for a new visa (can be extension request or switching the visa type), the rules of the current visa you have before the new application applies to you until the new application has been considered. So in my case, I have got a Tier1 post-study work visa until February 2014 and I will probably apply for EEA1 next month. Do you think my current visa would be ignored and my right to work would be removed before the EEA1 application is considered? It is really unfair right? 

There is no straight explanation about this on the UK border website. Only thing i found is this one:

_"Why doesn't my certificate of application give me permission to work while my application is being considered?
There may be a number of reasons why we cannot confirm that you have a right to work in the UK. The main reasons are listed below:

If you are seeking to remain in the UK on the basis of caring for a child who is an EEA national, your application is based on your full-time caring responsibilities, so you will not be given permission to work in the UK under the European regulations.

*If you are the unmarried partner or an 'extended family member' (such as a brother or sister) of an EEA national, you do not have an automatic right or entitlement to live in the UK with them. Until we have fully considered your application and determined that you qualify under the European regulations, we cannot confirm your right to work in the UK.*

If you have not provided satisfactory evidence of your identity or of your relationship to an EEA national, we may need to ask you for additional or alternative evidence. Until we have fully considered your application and determined that you qualify under the European rules, we cannot confirm your right to work in the UK. "_

Does this mean, there is no way you can get the right to work while the application is being considered if you are the unmarried partner, or it depends on the individual cases.

Thanks in advance..


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## Jrge (Mar 22, 2011)

Hi,


mekk said:


> Thank you for your reply Jrge.
> 
> *1)* That s great that the both applications could be sent together. What about the address? Should we put it as "European Applications EEA1 & EEA2"? It is not a big deal I guess they could understand what is going on when look at the applications.
> 
> ...


1) The front page of each application has the address where you need to send it to. Use the one on form EEA1.

2) One of the "benefits" married partners automatically get is the right to work.

3) The burden of proof is on you, and again, cases like yours are dealt with on a individual basis. You both have been living together for over 3 years in a relationship akin to marriage and sure I am there is a joint legal document, such as: tenancy agreement, council tax bill, insurance policy, etc. 

Animo
(Cheers)


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## Jerry_Boy (Jan 13, 2013)

*EEA2 Residence Card*

Hi,

I am a UK citizen and self-employed here in the uk and my father is currently in the UK for medical reasons and my mum has accompanied him. I intend to apply for an EEA2 residence card for both of them so that my father can have more than enough time to get his medical treatment without the need for intermediate extensions as his condition is quite critical having been diagnosed with stage 4 prostate cancer and is currently bed-ridden with literally no ambulatory functions from the waist down. The doctors need time to treat and keep and eye on him as he encouragingly is responding to treatment and they say this could be for many many months to a few years.

Is there any chance of being successful with this application being that his visa category is probably medical?


Please any guidance would be highly appreciated. Thanks


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## Joppa (Sep 7, 2009)

Jerry_Boy said:


> Hi,
> 
> I am a UK citizen and self-employed here in the uk and my father is currently in the UK for medical reasons and my mum has accompanied him. I intend to apply for an EEA2 residence card for both of them so that my father can have more than enough time to get his medical treatment without the need for intermediate extensions as his condition is quite critical having been diagnosed with stage 4 prostate cancer and is currently bed-ridden with literally no ambulatory functions from the waist down. The doctors need time to treat and keep and eye on him as he encouragingly is responding to treatment and they say this could be for many many months to a few years.
> 
> Is there any chance of being successful with this application being that his visa category is probably medical?


Sorry to hear about your father's condition. 
EEA2 is for the family member of EEA citizen (other than British) who is exercising treaty rights in UK. As a British citizen, you can only sponsor your father as a visitor for private medical treatment, which can be for a maximum of 12 months.


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## Jrge (Mar 22, 2011)

Hi,


Jerry_Boy said:


> Hi,
> 
> I am a UK citizen and self-employed here in the uk and my father is currently in the UK for medical reasons and my mum has accompanied him. I intend to apply for an EEA2 residence card for both of them so that my father can have more than enough time to get his medical treatment without the need for intermediate extensions as his condition is quite critical having been diagnosed with stage 4 prostate cancer and is currently bed-ridden with literally no ambulatory functions from the waist down. The doctors need time to treat and keep and eye on him as he encouragingly is responding to treatment and they say this could be for many many months to a few years.
> 
> ...


My sympathies to you and your family.

Sadly, there isn't any provision on the EU regulations at the moment on which your Mom and Dad could extend their stay. You as UK Citizen, need to look into the immigration rules instead. On this, Joppa is your best source.

My Sincere Regards.


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## Jerry_Boy (Jan 13, 2013)

Joppa said:


> Sorry to hear about your father's condition.
> EEA2 is for the family member of EEA citizen (other than British) who is exercising treaty rights in UK. As a British citizen, you can only sponsor your father as a visitor for private medical treatment, which can be for a maximum of 12 months.


Thanks Joppa for your input.

But it is all highly confusing though as you don't seem to be the only one who holds this opinion. Other people within the UKBA appear to hold the opinion that it should not be a problem while a good majority of them agree with your position. So there appears to be a divide. However, to their credit who say that it shouldn't be a problem, the UKBA website appears to have set out to define what is meant by EEA and it appears this includes the UK without a doubt. In otherwords, the UK is also a part of European Economic Area and by direct implication infers that british citizens are also EEA nationals. Why can't a UK citizen pass as an EEA national on the basis of this application. It's all so heavily impregnated with confusion as if delibrately. 


Can someone please clarify quite urgently? Thanks


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## Jerry_Boy (Jan 13, 2013)

Jrge said:


> Hi,
> 
> My sympathies to you and your family.
> 
> ...



Thanks Jrge.

But as mentioned to Joppa, the UKBA website clearly defines the meaning of EEA for clarity and it surely includes the UK. Consequently, by implication UK citizens are EEA nationals quite directly actually. While I do not doubt your recommendations as well as that of Joppa, I just don't understand why the special exclusion of those with UK citizenship. Because by so doing it sort of gives other EEA nationals more rights even within the British Citizen's own country. Something is not right with it. Some UKBA staff actually hold the position that applying for EEA2 with british citizenship should not be a problem but majority hold a different opinion similar to you and Joppa's. But to their credit who say that it won't be a probloem, the UKBA definition of EEA does include the British Citizen being a very active part of the EEA.

Although we may not use their currency we appear to influence what happens there and are rightly part of the EEA according to UKBA. 

I just need to rub minds with you guys again please. Can you please clarify? Thanks


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## Jrge (Mar 22, 2011)

Hi,


Jerry_Boy said:


> Thanks Jrge.
> 
> But as mentioned to Joppa, the UKBA website clearly defines the meaning of EEA for clarity and it surely includes the UK. Consequently, by implication UK citizens are EEA nationals quite directly actually. While I do not doubt your recommendations as well as that of Joppa, I just don't understand why the special exclusion of those with UK citizenship. Because by so doing it sort of gives other EEA nationals more rights even within the British Citizen's own country. Something is not right with it. Some UKBA staff actually hold the position that applying for EEA2 with british citizenship should not be a problem but majority hold a different opinion similar to you and Joppa's. But to their credit who say that it won't be a probloem, the UKBA definition of EEA does include the British Citizen being a very active part of the EEA.
> 
> ...


Whilst I still sympathize with you, all this has been clarified under: C-434/09 Shirley McCarthy v Secretary of State for the Home Department. If that seems long winded, then read it HERE. 

Animo
(Cheers)


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## Jerry_Boy (Jan 13, 2013)

Jrge said:


> Hi,
> 
> Whilst I still sympathize with you, all this has been clarified under:C-434/09 Shirley McCarthy v Secretary of State for the Home Department. If that seems long winded, then read it HERE.
> 
> ...


Thanks Jrge for your input. Can I apply for discretionary leave to remain using the DL form on the UKBA website?


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## mekk (Jan 9, 2013)

Jrge said:


> Hi,
> 
> 1) The front page of each application has the address where you need to send it to. Use the one on form EEA1.
> 
> ...


Thank you Jrge for your reply, I really appreciated it.

Firstly I am so sorry for your situation Jerry_Boy, I hope you can sort out your parents visa issue soon.

Now I have got some questions to about the proofs. I am a bit nervous about the proofs. We have been living together since October 2009, but we have not lived in any proper place until December 2012. It is a bit complicated, here is the details:

October 2009 – July 2010 (10 months) – lived in a homestay family without any contract, the rent (inclusive of bills) paid in cash. Only proofs we have in this flat is individual bank statements came to this address and pictures.

August 2010 – November 2012 (2 years 4 months) – lived in a double bedroom in a flatshare house with a basic lodging agreement signed by us and landlady. Again the rent (inclusive of bills) paid in cash. So the proofs are the basic tenancy agreement, individual bank statements throughout the period we lived in there, joint bank account statements (since Jun 2012 – 7months) and some letters for myself and my partner from the gp, hospitals, universities and pictures.

December 2012 – present (will be 5 months when we apply for the residence card) - living in a one bedroom flat on our own with a proper tenancy agreement and bills, bank statements on both our names. 

We have also travelled several times to each others homecountries to visit parents and have tickets and pictures as proof.

Do you think these documents would be sufficient enough to convince caseworker that we are genuine couple? What else would you suggest to add into application as an evidence?

Thank you very much in advance for your answers.


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## Jrge (Mar 22, 2011)

Hi,


mekk said:


> Thank you Jrge for your reply, I really appreciated it.
> 
> Firstly I am so sorry for your situation Jerry_Boy, I hope you can sort out your parents visa issue soon.
> 
> ...


As unmarried couple, you would have to convince ECO -not me/us- your relationship is genuine. To do so, ask your partner to surgically and carefully craft a cover letter with all those details, and make sure every single reference has a physical evidence to support it.

My suggestion remains the same, legal documents. Sorry for being blunt, but I don't want to give you a wrong advise.

Animo
(Cheers)


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## mekk (Jan 9, 2013)

Jrge said:


> Hi,
> 
> As unmarried couple, you would have to convince ECO -not me/us- your relationship is genuine. To do so, ask your partner to surgically and carefully craft a cover letter with all those details, and make sure every single reference has a physical evidence to support it.
> 
> ...


Thanks Jrge for your suggestions. We need to get prepared well for this application, it wont be easy to convince the ECO.

By the way, is it possible us to apply for “British citizens and settled persons” family member visa? 

I know that my partner is not British but I guess she is considered as kind of settled person. In this case we wont need to worry about the work restriction that we might possibly face in the COA letter of EEA2 application. Additionally it would take less time to see the result. 

Thanks in advance.


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