# EEA2 Over 6 months, Family Permit Expired... what to do?



## zzziah (Jun 24, 2013)

Hi there. I'm a US Citizen, married to a Dutch citizen. We both live in the UK, and my husband works full time here. I entered the country on an EEA Family Permit, which I got in the USA before coming here. As soon as we arrived the UK, I submitted an EEA2 application for a Residence Card. 

It's now been over 6 months, and we haven't received anything from the UKBA. Not even a CoA. 

I was, however, able to request my passport be returned to me for travel. So at least I have my passport now. This is the only correspondence I have received from the UKBA.

I've called them today to ask what's going on, and they said the application is still in process. They couldn't give an estimate of when it might be done.

I also asked about the CoA - I've sent several letters to Liverpool asking for the CoA, but still haven't received one. They were unsure, but said if I asked for it in the post, I should receive one. I sent another (recorded) letter specifically asking for a CoA URGENTLY, but I don't have much hope for that being issued promptly.

Here is the problem: as I was expecting that the UKBA would get their stuff together within the six month deadline, and because my Family permit (which was valid for 6 months) has just expired, I'm in a bit of a predicament. With no CoA and no residence card yet, I have just been offered a job, but it requires proof of my eligibility to work in the UK.

I had that proof in the form of my EEA Family Permit, but since it has just expired and I have no other documentation (yet), I don't know what to do.

Also, assuming I am able to convince this company that I am still eligible to work in the UK, they would want me to leave the UK for work as soon as possible, meaning that when I re-enter the UK I may *still* not have a CoA OR a Residence card yet.

Can anyone offer any advice?
Is there any legal references I can point both my potential employer at - and use for when I cross the border returning to the UK.

If I have an expired EEA Family Permit without a CoA or a EEA Family Member Residence card, am I still eligible to work? Am I allowed to exit and re-enter the country?

Thanks for any information.


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## Jrge (Mar 22, 2011)

Hi,


zzziah said:


> Hi there. I'm a US Citizen, married to a Dutch citizen. We both live in the UK, and my husband works full time here. I entered the country on an EEA Family Permit, which I got in the USA before coming here. As soon as we arrived the UK, I submitted an EEA2 application for a Residence Card.
> 
> It's now been over 6 months, and we haven't received anything from the UKBA. Not even a CoA.
> 
> ...


You could show your potential employer this: UK Border Agency | Residence documents for non-EEA family members of EEA nationals, and indeed you don't need it in order to legally live and work in UK.

Now, going in and out of Country might become challenging having an expired FP. However, if you and your EU-Spouse go to Paris for one day and re-enter, at border control you could apply for a Code 1A stamp (another FP if you will) and then you will have another legal entry for 6 months. You MUST travel with your sponsor and MUST carry evidence of your relationship.

Animo
(Cheers)


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## zzziah (Jun 24, 2013)

In the link you sent, it doesn't mention anything about a right to work, only the right to live. Is there some legal documentation of the law that says a family member of an EEA citizen exercising treaty rights has the right to WORK, not only just to live?

Also, I was under the impression that the Code 1A stamp is only good for single entry, not multiple entry. So, while I could travel to Paris with my spouse, the next time I have to leave the UK for work (by myself) and return WITHOUT my spouse, then what would you recommend?

Thanks!


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## Jrge (Mar 22, 2011)

Hi,


zzziah said:


> In the link you sent, it doesn't mention anything about a right to work, only the right to live. Is there some legal documentation of the law that says a family member of an EEA citizen exercising treaty rights has the right to WORK, not only just to live?
> 
> Also, I was under the impression that the Code 1A stamp is only good for single entry, not multiple entry. So, while I could travel to Paris with my spouse, the next time I have to leave the UK for work (by myself) and return WITHOUT my spouse, then what would you recommend?
> 
> Thanks!


The right to work is implied within the right to live; as per language used on EU regulations, in order to offer a simple legal frame to the Freedom of Movement of European Nationals (proper term is Union Nationals) - Directive 2004/38/EC

The simplified version is here: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:en:PDF. The language used in this document is simple to follow.

An even more simplified document is here: Family members - Employment, Social Affairs & Inclusion - European Commission

Could you kindly share a link or a reference that Code 1A stamp is a single entry clearance? I'm not having any luck finding a single reference.

Animo
(Cheers)


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## zzziah (Jun 24, 2013)

I'm unable to find a reference for the 1A Stamp being single entry, also - however I was issued one upon my arrival (as there was a mistake and my family permit wasn't valid until the day after my arrival). The UK Border agency placed this 1A stamp in my passport and told me that it was only valid for a single entry. Presumably re-entry would require another 1A stamp to be issued for each time. 
If anyone has information to the contrary, I'd love to hear it.


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## Norsk (Jun 13, 2012)

One of the keys to employment is having a Nino-number (national insurance). You may agree to a job without having such a number, but once a job is agreed you must apply for a NiNO. You don't get that without proof of having your papers in order. (or so I'm told). Catch 22, right? We are in the same position, my American wife is legally on British soil, but in limbo due to us waiting for our EEA2 for 7 months.


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## Pukin (Nov 11, 2013)

*Code 1A Stamp*

Jrge: first of all many thanks for all the information that you are always sharing. It has been of a great help for my past applications. 

Now my case is similar to this one (I´m giving detailed info so it is useful for others):

Basically I am a non-EEA national married to a EEA National who is exercising treaty rights.

I came first to the UK as a Student together with my Italian girlfriend. After our studies we both got jobs here in London, so we decided (after a 2-years relationship) to get married back in Uruguay (December 2012) and continue residing in the UK. 

So, after getting married, I applied to an EEA Family Permit (January 2013, got it back the 22nd January and expired in mid July) in order to re-enter the UK and then applied the 9th of July 2013 to the Residence Permit EEA 2 form hoping I would have it back by December. 

On the 12th July 2013, I received a letter from the Home Office with a reference number stating that they had received my application and that it was being passed to a casework unit to await consideration. Also, they told me I should not plan any travels and that I should not enquire about the process. (MY FIRST QUESTION: IS THIS THE Certificate of Application COA? How does the COA look like?)

Then since we knew my wife had to travel for work, she immediately requested her passport back through the website. One week later we received her passport but also mine (obviously without the RC). I called them and they told me that there was no problem with that, and that I should hear from them soon in order to send my passport back to add the RC in form of a vignette.

So, now after 5 months since the application, I was getting worried because I have plans to travel back home for Christmas. I called them today and a really unpolite person told me they are taking around 8 months to solve the EEA cases and that my RC won't be ready until February/March 2014. 

I asked him about my alternatives in case I wanted to leave the country and he told me (without much conviction) that I could re-enter with my wife and the COA but that was none of his business and it will be decided by the border agent at the airport.

Some extra info: As Uruguayan I do not need Visa to enter UK as a tourist, but my FP has expired in July. However, the FP is in my old passport so I will be entering with a new one. I sent them both and got both back. 

From what I have read I can:

1. Once I am outside UK apply for a new Family Permit but this will take me more than 3 weeks since in South America these decisions are taken in Rio de Janerio - Brasil (last time it took UKBA one week to decide but the documents were travelling 2 weeks in and out and I had to apply through Buenos Aires). So, I want to avoid this option. 


2. To fly anyway and come back with my wife, plus the COA and all documents that I used to apply for the RC (marriage certificate, permanent contract of the EEA national, proof of address, bank statements, tenancy agreement, etc.) I read that there is a ad hoc visa called "Code 1A stamp" mentioned by you. 

3. Same than 2 but travelling without my wife (sponsor)

4. Try to get out UK for a day i.e. Paris day'trip and re-enter to get the Code 1A stamp

Could anyone please assist me? I would really appreciate if someone could also clarify me if the letter that I have is the COA and if the Code 1A stamp is still in use.


Many thanks!!!



PS: in my next post I will describe better my first Family permit application since it was really challenging due to several circumstances. (e.g. travelling back to get married outside UK, 2 days later my wife came back to UK and I stayed waiting my FP and re-entered alone without any problem.)


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## Jrge (Mar 22, 2011)

Hi,


Pukin said:


> Jrge: first of all many thanks for all the information that you are always sharing. It has been of a great help for my past applications.
> 
> ..........)


Carry on with your scheduled holidays, and upon return to UK WITH your wife bring your COA, marriage certificate, both passports and a piece of document indicating y'all are living together. Code 1A stamp will be issued.

Animo
(Cheers)


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