Certificates of application for EEA2

The request was partially successful.

Dear UK Border Agency,

What is the current processing time for Certificates of application for EEA2 residency permit applications?

Yours faithfully,

Mr. Banerjee

IND Public Enquiries,

Thank you for contacting the UK Border Agency.

You can no longer use this email address for immigration enquiries. However, if you have sent us information about an immigration offence, or a complaint, we will forward it to the appropriate team. You do not need to send it again.

Please ensure to read the following information as you will not receive another response.

Alternatively please visit our comprehensive website at http://www.ukba.homeoffice.gov.uk for further information.

The information in this message answers the most frequently asked questions. It includes links to the relevant parts of our website, where more detailed information can be found. If we have not included information or a link to the website for the subject you are enquiring about, please enter key words into the "search" facility on the website.

If your enquiry is about one of the following, please re-send it to the address shown:

British Citizenship and Nationality / Right of Abode:
[email address]

European Nationals and Family Members:
[email address]

Points Based System Sponsorship (Employers and Educational Establishments with enquiries about Sponsorship, Tier 2, Tier 4 and Tier 5 of the Points Based System):
[email address]

If you are outside the UK: Please go to the information pages for your country on the UK Border Agency website <http://www.ukba.homeoffice.gov.uk/countr...>.

If you are outside the UK and you wish to make an application for Entry Clearance, please contact the British Diplomatic Post (the High Commission, Embassy or Consulate) where you will be submitting your application for information.

Contact details for British Diplomatic Posts can be found on the Foreign & Commonwealth Office website at:

http://www.fco.gov.uk/en/travel-and-livi...
Please note that we are unable to confirm the authenticity of offers of employment or appointments. If you wish to report a fraud offence you should contact Action Fraud either by telephone on 0300 123 2040 (Monday to Friday 8am to 8pm, Saturdays 9am to 4pm or Sundays 10am to 4pm) or email at [email address]. Alternatively if you wish to complete a fraud report you can do this online via the online reporting tool at https://reportfraud.actionfraud.org.uk/f....

Information about the following subjects is provided below.

1. Outstanding Applications / Return of Documents
2. Change of Address / Change of Circumstances
3. Biometric Residence Permits for Foreign Nationals
4. HSMP Forum judicial review - Arrangements resulting from the judgment
5. Points Based System - Tier 1, Tier 2, Tier 4, Sponsorship
6. Students - Work, Changing education provider or course, Course fees
7. Marriage, Unmarried Partner or Civil Partnership with a British or Settled
Person
8. UK Ancestry
9. Working Holidaymakers - No Switching to PBS Categories
10 . Child born in the UK
11. Settlement - Knowledge of Language & Life in the UK
12 . Indefinite Leave to Enter
13. New Passport - Transfer of Conditions or No Time Limit
14. Reporting an immigration offence

1. Outstanding Applications

For data protection reasons, we are unable to respond to enquiries about individual cases by e-mail. UK Border Agency will contact you if further information is required to complete your application. If you sent your application by Recorded or Special Delivery, its receipt can be confirmed on the Royal Mail website at:
http://www.royalmail.com/portal/rm

If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided.

Return of Documents

If you require the urgent return of your documents, please see the UK Border Agency website at http://www.ukba.homeoffice.gov.uk/aboutu...

for the appropriate contact details. However please note that return of the applicant's passport submitted in support of a leave to remain application, for travel outside the UK, will lead to the application being withdrawn.

An online process for the return of documents from PBS Tier 2 & 5 applications is now available on the UKBA website at:

http://www.ukba.homeoffice.gov.uk/siteco...
Please be advised that you will need to complete the online form with all required information.

2. Change of Address / Change of Circumstances

We are unable to deal with change of address/circumstances notifications by e-mail.

If you have made a Points Based System application, details of how to inform us about your change of address or other change of circumstances can be found on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/siteco...

For other applications, details can be found in the guidance notes for the application form you have submitted, under "Contacting us after you have applied". The guidance notes are also available on the UK Border Agency website.

3. Biometric Residence Permits for Foreign Nationals

UK Border Agency issues Biometric Residence Permits to foreign nationals from outside the European Economic Area (EEA) and Switzerland who are given permission to extend their stay in the United Kingdom in the following categories:

* All Tier 1 and Tier 5 applicants

* Sponsored Skilled Workers and their dependants, on application form Tier 2 (General / Minister of Religion / Sportsperson / Intra Company Transfer).

* Students and their dependants, on application form Tier 4 (G) or Tier 4 (C).

* Persons applying on the basis of marriage or partnership with a British or settled person and their dependants, on application form FLR(M).

* Academic Visitors (granted leave for more than six months), Domestic Workers in a Private Household, UK Ancestry and Visitors for Private Medical Treatment, on application form FLR(BID).

* Representatives of an Overseas Business and Retired Persons of Independent Means on application form FLR(BUS) or SET(BUS).

* Dependants of the above, where applicable, and when applying at the same time.

* Those applying for a transfer of conditions on application form TOC.

Detailed information about the Biometric Residence Permits can be found on the UK Border Agency website at:

http://www.ukba.homeoffice.gov.uk/visas-...

If your BRP has been lost or stolen, or if you need a replacement BRP for other reasons, you will need to submit an BRP(RC) application form. The application form and guidance notes are available on the UK Border Agency website at:

http://www.ukba.homeoffice.gov.uk/visas-...

4. HSMP Forum judicial review - Arrangements resulting from the judgement

If you made your initial application for an HSMP approval letter before 3 April 2006, you are eligible to make an application for indefinite leave to remain (ILR) under the HSMP Forum (UK) Ltd High Court judgment of 6 April 2009, even if you did not receive the letter or subsequent leave to enter or leave to remain until after this date.

In order to apply for ILR, you will need to meet the following criteria:

* You have completed a continuous period of four years lawfully in the UK, with your most recent leave being under the Highly Skilled Migrant Programme (HSMP) or Tier 1 (General) and the remainder of your leave being under HSMP, Tier 1 (General), Work Permit holder or Innovator.

* Throughout the four years spent in the UK, you have maintained and accommodated yourself and any dependants without recourse to public funds.

* You must be economically active in the UK in employment, self-employment or both, as required by the conditions of your leave.

If you are covered by the judgment and you meet the above requirements, you can make an application for ILR on form SET(O) up to 28 days before you complete the qualifying period. You and any dependants who are included in your application are not required to meet the Knowledge of Language and Life (KOL) requirement.

If you have completed four years in the UK, and you previously applied for an extension in order to complete the five year qualifying period, you can apply for ILR immediately provided you meet the criteria above.

If you previously applied for ILR after four years and your application was refused, you can request a review of the original decision. You can do so if you were granted further leave to remain following a successful appeal, or if you did not appeal, or if your appeal was dismissed. You do not need to submit another ILR application. You must obtain and complete the Review form: HSMP ILR Judicial Review), which can be downloaded from the UK Border Agency website at:

http://www.ukba.homeoffice.gov.uk/visas-...

If you have completed four years in the UK in a qualifying period and you have an outstanding application for Further Leave to Remain, you do not need to take any further action. Your application will be identified as one which may be varied to Indefinite Leave to Remain and you will be contacted about this.

5. Tier 1 (Post Study Work)

You will need to complete a self-assessment before you complete the Tier 1 (Post Study Work) application form, in order to calculate the points you can claim for Attributes, English Language and Maintenance requirements. Full details of the requirements and the Points Based Calculator tool for self-assessment are available on the UK Border Agency website at:

http://www.ukba.homeoffice.gov.uk/visas-...

You can check on the Points Based Calculator tool whether the course you are studying will earn sufficient points to qualify for leave to remain in the UK under Tier 1 (Post Study Work).

If you score sufficient points to make an application, you will be able to complete and submit application form Tier 1 (Post Study Work) which is available on the UK Border Agency website.

One of the required documents is your original certificate of award. However, if you are unable to provide it because it has not yet been issued, you may submit your application without it, provided that the letter from your academic institution includes additional information explaining your individual circumstances.

If your application is successful, you will be granted two years leave to remain in the UK during which time you will be free to seek employment without having a licensed sponsor.

You will be able to apply to switch from Tier 1 (Post Study Work) to Tier 1 Investor or Entrepreneur, Tier 2, or Tier 4. However please note, time spent in the UK in the Tier 1 (Post Study Work) category does not count towards the qualifying period for Indefinite Leave to Remain.

By completing form Tier 1 Post Study Work, you are also applying for a Biometric Residence Permit - there is no additional fee to pay for this. Please see paragraph 3 above for further details.

Tier 1 (General)

The Highly Skilled Migrant Programme was previously replaced by Points Based System Tier 1 (General).

Tier 1 (General) is closed to new in-country applicants as of 6 April 2011 and is already closed for out of country applicants.

As of 6 April 2011, you will only be able to apply to switch to Tier 1 (General) in the UK if you currently have leave to enter or remain in one of the following categories: Highly Skilled Migrant Programme, Self Employed Lawyer, Writer, Composer or Artist.

Transitional arrangements will allow those already in the UK under Tier 1 General, and contributing to the economy, to continue their stay in the UK.

You will need to complete a self-assessment before you complete the Tier 1 (General) application form, in order to calculate the points you can claim for Attributes, English Language and Maintenance requirements. Full details of the requirements and the Points Based Calculator tool for self-assessment are available on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/visas-...

If you score sufficient points to make an application, you will be able to complete and submit application form Tier 1 (General), which is available on the UK Border Agency website. Details of the fee payable for this application and required documents are included in the application form and guidance notes.

For detailed guidance on how to claim points for previous earnings, please visit the website at:
http://www.ukba.homeoffice.gov.uk/visas-...

By completing form Tier 1 General, you are also applying for a Biometric Residence Permit - there is no additional fee to pay for this. Please see paragraph 3 above for further details.

Tier 1 (General / Post Study Work / Entrepreneur) - Maintenance

When applying for Tier 1 (General, Post Study Work or Entrepreneur) from within the UK, you are required to submit documents showing you have had savings of at least £800 which must have been held for a consecutive 90 day period prior to the date of application.

If you are including dependants in your application, or applying separately for dependants, you will need to show additional savings of £533 for each dependant. If the main applicant is outside the UK, or has been present in the UK for less than 12 months, each dependant must show that they (or the main applicant) have at least £1,600 to support themselves.

The balance must be maintained at or above the required amount which must have been held for a consecutive 90 day period prior to the date of application. If it has dipped below the required balance at any time during the consecutive 90 day period prior to the date of application, the maintenance requirement will not be met and you are not eligible to make an application.

The types of documents you need to send to support your application are described in detail in the appropriate section of the UK Border Agency website.
For further detailed information, please refer to the website at:
http://www.ukba.homeoffice.gov.uk/visas-...

Tier 2
Points Based System Tier 2 (Skilled Workers) is for migrants with a job offer from a licensed sponsor and a Certificate of Sponsorship. It includes the following four sub-categories:
General - For migrants with an offer of a skilled job that cannot be filled by a settled worker. This category includes applicants coming to fill shortage occupations.
Intra Company Transfer - For migrants that are employees of a multi-national company and are being transferred to a United Kingdom based branch of the same organisation either on a long term basis or frequent short visits. You cannot use this route if you are employee of an overseas organisation that is not linked by common ownership or control to the UK entity.
Sportspeople - For a migrant coming to fill a vacancy as an elite sportsperson or coach whose employment will make a significant contribution to the development of their sport at the highest level.
Ministers of Religion - For a migrant coming to fill a vacancy as either a Minister of Religion, undertaking preaching and pastoral work, or Missionary or a Member of a Religious Order taking up employment, or a post/role within a faith community in the United Kingdom.
You will be able to apply to switch into Tier 2 (General / Sportspeople / Ministers of Religion) in the UK if you currently have leave to enter or remain in one of the following categories: Any Tier 1 or Tier 4 category, Tier 2 (General), Tier 2 (Sportsperson), Tier 2 (Minister of Religion), Tier 5 (Temporary Worker) in the Creative and Sporting sub category, for a job as a professional footballer, Dependant partner of a Tier 4 migrant, Highly Skilled Migrant Programme, Innovator, Fresh Talent Working in Scotland Scheme, International Graduates Scheme (or its predecessor the Science and Engineering Graduate Scheme), Business and Commercial Work Permits (except multiple entry work permits), Sports and Entertainment Work Permits ( except multiple entry work permits), Jewish Agency Employee, Member of the Operational Ground Staff of an Overseas Owned Airline, Minister of Religion, Missionary or Member of a Religious Order, Overseas Qualified Nurse or Midwife, Person Writing Up a Thesis, Postgraduate Doctor or Dentist, Representative of an Overseas Business, Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation, Student, Student Nurse, Student Re-Sitting an Examination, Student Union Sabbatical Officer .
You will be able to apply to switch into Tier 2 (Intra-Company Transfer: Established Staff), if you currently have leave to enter or remain in one of the following categories: Tier 2 (Intra-Company Transfer: Established Staff), Tier 2 (Intra-Company Transfer), under the rules in place before 6 April 2010, Intra Company Transfer work permit holder (except multiple entry work permits), Representative of an Overseas Business (this includes representatives of overseas media companies). In all cases, you must be still working for the same employer named on your previous application. If you are currently in the UK in any other category, you will need to leave the UK and apply for Entry Clearance in these categories.
If you are switching from a Tier 4 category, Student, Student Nurse, Student Re-Sitting an Examination or a Student Union Sabbatical Officer, you must have successfully completed a course which lasted at least one academic year during your most recent period of Tier 4 leave (this is your current leave if it has not yet expired) and meet the full points requirement of Tier 2 in order to switch.
You will need to complete a self-assessment before you complete the Tier 2 application form, in order to calculate the points you can claim for Attributes, English Language and Maintenance requirements. Full details of the requirements and the Points Based Calculator tool for self-assessment are available on the UK Border Agency website at: http://www.ukba.homeoffice.gov.uk/visas-...

If you score sufficient points to make an application, you will be able to complete and submit application form Tier 2 , which is available on the UK Border Agency website. Details of the fee payable for this application and required documents are included in the application form and guidance notes.
If your application is successful, you will be granted a maximum of three years plus 14 days leave to remain in the UK, or in line with the Certificate of Sponsorship plus 14 days, if it has been issued for less than three years.
When applying under Tier 2 from within the UK, you are required to submit documents showing you have had savings of at least £800 which must have been held for a consecutive 90 day period prior to the date of application. If the balance has dipped below £800 during the consecutive 90 day period prior to the date of application, the maintenance requirement will not be met.
If dependants are applying at the same time or separately, you will need to show additional savings of £533 for each dependant. If the main applicant is outside the UK, or has been present in the UK for less than 12 months, each dependant must show that they (or the main applicant) have at least £1,600 to support themselves.
The maintenance requirement can also be met by the A-rated Sponsor providing a written undertaking that, should it become necessary, they will maintain and accommodate the applicant and their dependants during their first month in the UK. This must be confirmed on your certificate of sponsorship.
The types of documents you need to send to support your application are described on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/visas-...

By completing form Tier 2, you are also applying for a Biometric Residence Permit - there is no additional fee to pay for this. Please see paragraph 3 above for further details.

Tier 4 (General) and Tier 4 (Child) Students

Points Based System Tier 4 came into effect on 31 March 2009. Tier 4 (General) is for adults (aged 16 or over) coming to or remaining in the UK for study, and for those continuing their education from leave as a Child Student. Tier 4 (Child) is for children between the ages of 4 and 17 who wish to be educated in the UK. Those aged between 4 and 15 may only be educated at independent (private) fee-paying schools.

In order to qualify, you need a valid Confirmation of Acceptance for Studies (CAS) from an education provider which holds a Sponsor's Licence.

You also need to meet the applicable maintenance requirements, which vary according to your circumstances. Full details of the requirements for adult and child students, and the application forms Tier 4 (G) and Tier 4 (C), can be found on the UK Border Agency website at: http://www.ukba.homeoffice.gov.uk/visas-...

By completing form Tier 4, you are also applying for a Biometric Residence Permit - there is no additional fee to pay for this. Please see paragraph 3 above for further details.
Students of any age may use a bank account in their parent's name as evidence that they meet the maintenance requirement.
If you are applying under Tier 4 you must show that you have held the funds for at least 28 days before applying. You will need to provide the correct documents to support your application, as specified in the PBS Tier 4 Application Form and Policy Guidance.

If you have paid fees and other expenses in advance, you can deduct the amount paid from the maintenance funds shown, but you must provide the required evidence that confirms payment has been made, as described on the application form. Any advance payments made before you have been granted leave to enter or remain are made entirely at your own risk. You should seek advice from the education provider or other organisation to which payment will be made regarding their terms and conditions.

You will be able to apply to switch into Tier 4 (General) if you meet the requirements and you are currently in the UK with permission to stay in one of the following categories: Post study worker (Tier 1), Skilled worker (Tier 2 General), Intra-company transfer (Tier 2), Minister of religion (Tier 2), Child student (Tier 4), Prospective student, Student, Student re-sitting an examination, Student nurses, Students writing up a thesis, Student Union sabbatical officer, Work permit holder, Postgraduate doctor or dentist, participant in the Science and Engineering Graduates Scheme, participant in the International Graduates Scheme, participant in the Fresh Talent: Working in Scotland Scheme.

If you are currently in the UK in any other category, you will need to leave the UK and apply for Entry Clearance.

Sponsorship

Under the Points Based System (PBS), migrants from outside the UK will need to be sponsored by an employer or education provider on the UK Border Agency's Sponsors Register in order to obtain a visa.

For further information regarding the Points Based System and Sponsorship, please visit the UK Border Agency website at:

http://www.ukba.homeoffice.gov.uk/busine...

6. Students

Students - Work

The student category of the Immigration Rules was replaced by Points Based System Tier 4 on 31 March 2009 - see above for details.

Unless their visa states otherwise, a person who is aged 16 or over, and holds valid leave to enter or remain as a student under the student category of the Immigration Rules for 6 months or more, may undertake employment for:

* 20 hours per week during term time
* Full time during vacation periods
If you have leave to enter or remain to study under Tier 4 (General), the maximum amount of part-time work you can do during term time is:
Where a Tier 4 (General) student is following a course at NQF 6/QCF 6/SCQF
9 or above with a sponsor which is a UK Higher Education Institution,
or is undertaking a short-term study abroad degree programme at an
overseas Higher Education Institution, the following work is allowed:

* part-time during term-time, which is no more than 20 hours a week;
* full-time during vacations;
* on a work placement as part of the course;
* as a postgraduate doctor or dentist on a recognised Foundation
* Programme;
* as a student union sabbatical officer for up to two years.

Where a Tier 4 (General) student is following a course at NQF 3, 4 or 5/QCF 3,
4 or 5/SCQF 6, 7 or 8, with a sponsor which is a UK Higher Education Institution,
the following work is allowed:

* part-time during term-time, which is no more than 10 hours a week;
* full-time during vacations;
* on a work placement as part of the course;
* as a student union sabbatical officer for up to two years.

Where a Tier 4 (General) student is following a course at any level with a
sponsor which is a publicly funded further education college, the following work
is allowed:

* part-time during term-time, which is no more than 10 hours a week;
* full-time during vacations;
* on a work placement as part of a course where the Tier 4 (General) student is
* studying with a Highly Trusted Sponsor or with any sponsor where the course is
* at NQF 6/QCF 6/SCQF 9 or above
* as a student union sabbatical officer for up to two years

Where a Tier 4 (General) student is following a course at any level with a Tier
4 sponsor which is not a UK Higher Education Institution, a short-term study abroad
degree programme at an overseas Higher Education Institution or a publicly funded
further education college, he/she is not allowed to work whilst in the UK.

Where a Tier 4 (General) Student is allowed to work, he/she must not fill a full-time permanent vacancy (other than on a recognised Foundation Programme) and the Tier 4 (General) Student must not be self-employed, employed as a doctor in training (other than on a recognised Foundation Programme) or as a professional sportsperson (including coach) or entertainer.

Where a Tier 4 Student is allowed to work, he/she can work full-time during vacation
periods, within the limits detailed above. If a Tier 4 student, having completed his/her
course, makes an application for leave under the Points Based System before his/her
existing leave expires, he/she will be permitted to work full-time, within the limits
described above, until his/her application is decided.

If you are encountering difficulty, the UK Border Agency runs a dedicated helpline for potential employers designed to give advice regarding immigration and employment. Please pass this information to your potential employer and ask them to call: 0300 123 4699.

Students - Changing education provider or course

If you already hold a student visa under the previous Immigration Rules, you can change your course or education provider as long as the new course still meets the following immigration requirements:
Full time course, 15 hours per week daytime study, Studying towards a recognised qualification, Studying at a recognised institution.
You do not need to get our permission if you want to do a different course of study with your Tier 4 sponsor and the new course will finish before your current permission to stay expires. Your Tier 4 sponsor will tell us that you have changed course.
If your new course will end before your permission to stay expires, you must tell us by sending an email message to [email address].
If your new course will end after your current permission to stay expires, you will need to make a new Tier 4 application to us. You will therefore need a new confirmation of acceptance for studies from your Tier 4 sponsor. You can make this new application at any time before your current permission to stay expires, but we recommend that you do this as soon as possible.
If you applied for your Tier 4 student visa on or after 5 October 2009 and you want to leave your current course in order to study the same or a different course with a different education provider, you must apply for a new Tier 4 visa. The new education provider must be a licensed Tier 4 sponsor, and must assign a new confirmation of acceptance for studies to you.
You can start your new course before we have approved your new Tier 4 application if:
* you have applied to us for permission to stay and study with a Tier 4 sponsor which has a highly trusted sponsor rating; and
* your permission to stay and study in the UK with your former sponsor is still valid; and
* your prospective Tier 4 sponsor has assigned a confirmation of acceptance for studies to you for your new course.
You will start your new course at your own risk, as we may refuse your application.
You cannot start your new course until we have approved your new application, if you are applying to us for permission to stay and study with a sponsor that has an A (Trusted) or B (Sponsor) rating.
If you are already studying in the UK when you decide to change to a different Tier 4 sponsor, you must make your new application from inside the UK

If you applied for your Tier 4 student visa before 5 October 2009 and you want to leave your current course in order to study a course with a different education provider under your current permission to stay in the UK, you must get our written permission.
To request this permission, you must complete and send us a Tier 4 (PTS) application form. You can download this form and guidance notes from the UK Border Agency website at: http://www.ukba.homeoffice.gov.uk/visas-...
We will write to tell you that you can study with your new education provider under your existing permission to stay, if:
* the new education provider is on the register of Tier 4 sponsors, which you can download from the right side of this page; and
* we can confirm that the education provider wants to be your new education provider; and
* the course meets the requirements for your Tier 4 category. However, Tier 4 (General) students may continue to study a course at or above level A2 of the Common European Framework of Reference for Languages.
After you have sent us your Tier 4 (PTS) application form, we will write to you saying that we have received it. You can start your new course before we have decided whether to approve your request - but you do so at your own risk, as we may refuse the request.
Under the Immigration Rules, we may shorten your permission to stay as a student if you change your education provider without getting our permission.
If your new course will finish after your current permission to stay expires, you will need to make a new Tier 4 application to us. You will therefore need a confirmation of acceptance for studies from your new education provider.

Students - Course Fees

Please contact your Educational Establishment or Local Education Authority for information about whether you are considered an overseas or home student.

The refund of course fees paid to colleges is not something within the UK Border Agency remit.

For advice on this matter you may wish to contact UCAS who's details can be found at the following link: http://www.ucas.ac.uk/

7. Marriage or Civil Partnership with a British or Settled Person

The fiancé(e)/proposed civil partner visa is issued for a 6 month period, during which time you would be expected to finalise your plans and marry or register your civil partnership. Employment is prohibited under this visa. Once the marriage or civil partnership has taken place, you will need to apply for further leave to remain as a spouse/civil partner on application form FLR(M).
The spouse/civil partner visa is for a probationary period of 2 years if you apply from within the UK or 27 months if you applied from your home country abroad, during which time you will be able to work without restriction. You will be able to apply for indefinite leave to remain in the United Kingdom no more than 28 days before the end of your 2-year qualifying period. If you do, we may refuse your application and we will not refund the fee. However, you must apply before your current permission to remain in the UK ends, on application form SET(M).
If the spouse/civil partner visa was obtained overseas, you can submit an application for indefinite leave to remain 23 months after entering the UK. However, if your entry was delayed by up to 3 months after the issue of your visa, and your visa expires before you have completed 23 months from the date of entry into the UK, you should submit a SET(M) application by post before your visa expires. The application will be placed on hold until the qualifying period has been completed. Alternatively, you can submit an FLR(M) application and, if you meet the requirements for this application, you will be granted a further period of leave to enable you to complete the probationary period.
If you delayed your travel by more than 3 months, you will need to submit an FLR(M) application before your visa expires. If you meet the requirements for this application, you will be granted a further period of leave to enable you to complete the probationary period.
By completing form FLR(M), you are also applying for a Biometric Residence Permit - there is no additional fee to pay for this. Please see paragraph 3 above for further details.

With effect from 29 November 2010, UKBA has introduced a new English language requirement for those applying for Leave to Enter or Remain in the UK as the spouse, civil partner, fiancé(e), proposed civil partner, unmarried partner or same-sex partner of a British citizen or someone who is present and settled in the UK.

An applicant can meet the requirement in one of the following ways;

* are a national of a majority English-speaking country; or
* have passed an English language test approved by us at the appropriate level;
* hold a degree that was taught in English and is equivalent to a UK bachelor's degree or above.
For further information, please visit the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/siteco...

8. UK Ancestry

A person needs to complete 5 years under the UK Ancestry visa prior to applying for Indefinite Leave to Remain. An application will normally be successful if it can be satisfactorily demonstrated that the applicant meets the requirements of the rules and has spent a continuous period of 5 years in the United Kingdom in this capacity. For this, the application form SET(O) is required.

The earliest you may submit an application for Indefinite Leave to Remain is up to 28 days before the completion of your 5th year.

In order to apply for an extension on your UK Ancestry visa to allow you to complete 5 years in this capacity, the application form FLR(O) is required. With this application you will be required to provide your full birth certificate, full birth certificates for your parent and British born grandparent and, where necessary to establish the relationship, marriage certificates and/or adoption papers.
Further information and the application form are available on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/siteco...

By completing form FLR(O), you are also applying for a Biometric Residence Permit - there is no additional fee to pay for this. Please see paragraph 3 above for further details.

The Immigration Rules do not allow a person to switch in the UK from another category into UK Ancestry or dependant of a person holding UK Ancestry. In both cases, entry clearance must be obtained.

9. Working Holidaymakers - no switching to Points Based System categories

Working Holidaymakers are not permitted to switch in the UK to any Points Based System categories, including Tier 2 (Sponsored Skilled Workers) or Tier 5 (Temporary Workers). If they meet the requirements for a Points Based System category, they are required to return to their home country and obtain the appropriate Entry Clearance.

10. Child born in the UK

If your child was born in the UK and you currently have limited leave to remain, you will need to obtain and complete one of the following application forms, in order for them to be granted leave to remain as your dependant.

* FLR(O) if the person whom the child is dependant on has been granted leave to remain under the Points Based System.
* FLR(O) if the person whom the child is dependant on has been granted leave to remain in any other category.

On form FLR(O) the child's details should be entered in Section 1 - Applicant's Details. Your passport should also be enclosed with the application.

If you will be leaving the UK and do not intend to return under the conditions of your current leave to remain, you are not required to make an application to the UK Border Agency for your baby. They are deemed to have leave to remain in the UK until you leave.

If you will be making an application for further leave to remain or indefinite leave to remain and do not intend to travel before you do so, you can include the baby as your dependant at that time. However please note, if you travel outside the UK before your baby obtains leave to remain, you will need to obtain Entry Clearance for the baby before you return to the UK.

11. Settlement - Knowledge of Language and Life in the UK

If you are applying for settlement in the United Kingdom you may be required to demonstrate Knowledge of Language and Life in the United Kingdom, in addition to meeting the other requirements for settlement. For further information, please visit the UK Border Agency website at:

http://www.ukba.homeoffice.gov.uk/visas-...

12. Indefinite Leave to Enter

In terms of your status in the UK, Indefinite Leave to Enter and Indefinite Leave to Remain are exactly the same. The Indefinite Leave to Enter Entry Clearance means, in terms of your current immigration status in the UK, that there is no time limit on your stay in the UK.
The end date shown on an Indefinite Leave to Enter Entry Clearance (EC) vignette is a guide to the holder for travel purposes only, or relates to the validity dates of the passport/travel document in which the vignette is endorsed.
The validity and activation of the Entry Clearance is determined by the dates noted on the Entry Clearance vignette not by any ink stamp endorsed in the passport or travel document by a UK Immigration Officer at the port of entry.
The Immigration Officer's stamp merely indicates when the Entry Clearance was used to enter the UK but the Entry Clearance is still valid without an on-entry stamp.
The Entry Clearance should be used to enter the UK within three months of issue but can be used after this date at the discretion of the Immigration Officer.
Once the expiry date noted on your EC is passed it is not necessary for the holder of Indefinite Leave to Enter status to apply within the UK for Indefinite Leave to remain status as they are effectively the same thing and your "No time limit "status remains extant.


13. New Passport - Transfer of Conditions or No Time Limit

If you have a new passport and you wish to have your Limited Leave to Enter or Remain status transferred to it, you will need to submit a TOC (Transfer of Conditions) application form.
If your passport has been lost or stolen, you need to report this to the Police and include the Police Report and/or Crime Reference Number with your TOC application.
Alternatively, if you choose not to transfer your permit, you should carry both your old and new passports when you travel to the UK - this will prove to our immigration officers that you have the right to be in the UK. If you cannot produce your residence permit when you arrive at our border, you may not be allowed to enter the country. We cannot transfer your residence permit to your new passport at passport control when you enter the UK.
If you want a TOC stamp for your new passport, you must apply using form TOC at least four weeks before the end of your permitted stay in the UK. We will not confirm your permission to stay in a new passport if that permission has already run out - your fee will not be refunded, and you will have to apply for further permission to stay in the UK.
If you have Indefinite Leave to Enter or Remain, you will need to submit an NTL (No Time Limit) application form in order to have your status transferred to a new passport. You are advised to transfer your Indefinite Leave to Remain status into the valid passport before you travel. If you have retained your old passport and you need to travel as a matter of urgency, you may travel with both the old and the new passports. You are advised to submit an NTL application to the Home Office on your return to the UK.
If your passport has been lost or stolen, you need to report this to the Police and include the Police Crime Report and/or Crime Reference Number with your NTL application.
Alternatively, if you choose not to transfer your permit, you should carry both your old and new passports when you travel to the UK - this will prove to our immigration officers that you have the right to be in the UK. If you cannot produce your residence permit when you arrive at our border, you may not be allowed to enter the country. We cannot transfer your residence permit to your new passport at passport control when you enter the UK.
If you have been naturalised as a British citizen since being given permission to settle in the UK, you should not apply for an NTL stamp - as a naturalised citizen, you have the right of abode in the UK and are no longer subject to immigration control. If you do not have a Biometric Residence Permit (BRP), and your passport has been lost or stolen, you need to report this to the Police and include the Police Crime Report and/or Police Reference Number with your TOC or NTL application.
If your BRP is lost or stolen, please see Paragraph 3 above for information about the BRP(RC) form.

14. Reporting an immigration offence

If you know someone is breaking immigration laws, for example by being in the United Kingdom illegally or by employing an illegal immigrant, please write to us at the following address:
UK Border Agency, Evidence & Enquiry, Lunar House, 40 Wellesley Road, Croydon CR9 2BY.
Alternatively you can send the details by completing the online form at http://www.ukba.homeoffice.gov.uk/aboutu... . (You do not need to re-send the information if you have already done so.)
We will not be able to acknowledge your letter or e-mail but we will pass it on to the relevant local immigration team. Where appropriate, they will investigate and take action.
We treat all personal information as confidential. This means we will not tell the person involved that you contacted us. It also means we will not be able to tell you what was done as a result of your information.

If we have not included information or a link to the website for the subject you are enquiring about, please visit our comprehensive website at http://www.ukba.homeoffice.gov.uk <http://www.ukba.homeoffice.gov.uk/> for further information.


Freedom of Information Act Policy Team

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Sent request to UK Border Agency again, using a new contact address.

UK Border Agency

Thank you for contacting the UK Border Agency European Enquiries Team.

** Please note that you will not receive a reply from this in-box **

The information below details a general outline of how to apply under the European regulations and provides links to our website www.ukba.homeoffice.gov.uk/eucitizen/

If - having read this information - you still need to contact us for clarification - please contact our helpline by calling 0845 010 5200 - Please select options: 3, 2.

The helpline is open Monday - Friday - 09:00 - 17:00

This information below explains how European citizens or Swiss nationals and members of their family can enter, live in and work in the United Kingdom. Further information is also on the UK Border Agency website: www.ukba.homeoffice.gov.uk/eucitizens

1. EEA and Swiss National Rights

EEA and Swiss nationals have the right to live and work in the United Kingdom. This is called the right of residence. You will only have the right of residence in the United Kingdom if:

� you are an EEA or Swiss national;

and

� you are working in the United Kingdom and have registered or obtained permission from us if this is required - see Employment section via the following link www.ukba.homeoffice.gov.uk/eucitizens/ri... <http://www.ukba.homeoffice.gov.uk/euciti...>

� you are able to support yourself and your family in the United Kingdom without becoming an unreasonable burden on public funds

2. Applying Under European Law

The European application forms are available to down-load from the UK Border Agency Website along with the Guide Notes which cover each application type.

www.ukba.homeoffice.gov.uk/sitecontent/a...

Please read the Guide Notes before submitting your application as they detail what evidence you need to provide to ensure your application is accepted.

3. Application types

Registration Certificate

Who is this for?

A registration certificate is a document, issued to EEA or Swiss nationals, which confirms their right of residence under European law.

You do not need to have a registration certificate to enter, live in or work in the United Kingdom.

Please Note: if you are a national of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia or Slovenia and want to work for one month or more for a United Kingdom employer you must register under the Worker Registration Scheme (WRS).

Full details of the WRS scheme can be found at: www.ukba.homeoffice.gov.uk/eucitizens/wo...

You can apply for a registration certificate by completing the EEA1 application form. www.ukba.homeoffice.gov.uk/sitecontent/a...

For your application to be accepted, you must provide:

� a valid identity card or passport issued by a country in the EEA or Switzerland;

� evidence that you are a qualified person.

� 2 x passport size photographs

Please see the EEA Guide for full details of what you need to submit

If you are a national of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia or Slovenia and are working in the UK - you must have completed 12 months under the Worker Registration Scheme (WRS) before you submit an application for a Registration Certificate.

Residence Cards

Who is this for?

A residence card is for family members who come to the United Kingdom with an EEA or Swiss national, but who are not themselves EEA or Swiss nationals. The residence card confirms their right of residence under European law.

A residence card is endorsed in the passport and is normally valid for five years.

You can apply for a residence card by completing the EEA2 application form

www.ukba.homeoffice.gov.uk/sitecontent/a...

For your application to be accepted, you must provide

� a valid passport for yourself and your EEA family member,

� evidence of your relationship to them and evidence that they are currently exercising Treaty Rights in the UK

� 2 x passport size photographs

* Please see the EEA Guide for full details of what you need to submit

Family Member Residence Stamp

Who is this for?

A family member residence stamp is for family members who are not themselves EEA or Swiss nationals but are the family member of a worker who is registered under the Worker Registration Scheme.

Until the EEA family member (a national of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia or Slovenia) has completed 12-months under the WRS scheme non-EEA nationals can apply for a family member residence stamp (FMRS) to confirm their right of residence under European law.

You can apply for a family member residence stamp by completing the FMRS application form

www.ukba.homeoffice.gov.uk/sitecontent/a...

For your application to be accepted, you must provide

� a valid passport for yourself and your EEA family member

� evidence of your relationship to them

� evidence that they are currently exercising Treaty Rights in the UK

� 2 x passport size photographs

* Please see the EEA Guide for full details of what you need to submit

Permanent Residence EEA Nationals

Who is this for?

EEA or Swiss nationals can apply for confirmation of their permanent right to reside in the UK once they have lived in the United Kingdom for a continuous period of five years in accordance with the European Regulations. This means that they need to have been in employment, self-employment, studying or self-sufficient in the United Kingdom throughout the five-year period.

You can apply for permanent residence by completing the EEA3 application form.

www.ukba.homeoffice.gov.uk/sitecontent/a...

For your application to be accepted you must provide:

� a valid identity card or passport issued by a country in the EEA or Switzerland;

� evidence that you that you have a right to permanent residence.

� 2 x passport size photographs

* Please see the EEA Guide for full details of what you need to submit

Permanent Residence Non EEA Nationals

Who is this for?

Family members who are not themselves EEA or Swiss nationals can also apply for confirmation of their permanent right to reside. To qualify for Permanent Residence they must have lived in the United Kingdom for a continuous period of five years with their EEA or Swiss national who has been in employment, self-employment, studying or self-sufficient in the United Kingdom throughout the five-year period.

You can apply for permanent residence by completing the EEA4 application form.

www.ukba.homeoffice.gov.uk/sitecontent/a...

For your application to be accepted you must provide:

� a valid passport for yourself and your EEA family member

� evidence of your relationship to them

� evidence that you have a right to permanent residence

� 2 x passport size photographs

* Please see the EEA Guide for full details of what you need to submit

4. Documents Required in Support of EEA Applications

Please note that the documents provided with the application must be originals.

Any documents which are not in English must be accompanied by a reliable English translation.

5. Processing Times

The time taken to process your application will depend on the type of application you make and how you submit it. There is currently a backlog of applications, and we are taking steps to address this situation as soon as possible.

If you make your application in person at the Croydon Public Enquiry Office, we will usually process your application on the same day.

The only application which can be made in person are EEA 1.

6. Transfer of Residence Card or Stamp

If you are issued with a new passport and you want your residence card or family member residence stamp transferred to your new passport, you will need to make a new application. You must complete the appropriate application form and provide the required supporting documents.

7. How to contact us regarding a European Application

Completed European application forms should be sent to:

European Applications
Home Office
PO Box 306
Dept 45
Liverpool
L2 0QN

You can contact the European Enquiries Contact Centre if you are a national of the European Economic Area (EEA) or Switzerland and you have a query regarding:

� registration certificates for yourself or a family member;

� a residence card;

� a family member residence stamp; or

� confirmation of permanent residence in the United Kingdom

Phone: 0845 010 5200 - Please select options: 3, 2

Opening Hours: 0900 - 1700

Fax Number: 0151 213 1481

Website: www.ukba.homeoffice.gov.uk/eucitizen/

8. Certificate of Approval for Marriage - COA(M)

Individuals who are not themselves EEA or Swiss Nationals and who plan to get married in the United Kingdom may require a COA(M). To enquire further about this please telephone the Immigration Enquiry Bureau on 0870 606 7766.

9. Retaining A Right of Residence

There are a number of circumstances in which a non EEA national family member of an EEA national may retain their right to reside in the UK.

All enquiries regarding retaining a right of residence should be directed to the call centre operatives on the helpline number detailed above.

10. Submitting your European Application

The UK Border Agency has changed the way that it processes applications by European nationals and their families for registration certificates, residence cards, family member residence stamps or confirmation of permanent residence in the United Kingdom.

Since 1 June 2009, we have been checking all applications as soon as we receive them. Unless you have completed the application form correctly and provided the necessary supporting evidence, we will not accept your application as valid under the Immigration (European Economic Area) Regulations 2006.

Applications submitted from families will be rejected in their entirety unless the necessary supporting evidence has been provided for all of the named applicants.

Rejected applications will be returned by Royal Mail recorded delivery.

If you do not make your application in this way, with the correct supporting documentation, we will reject your application and return your application form to you with a covering letter telling you what the evidence you need to supply

Please note if your passport is already with the Home Office, you must provide full details of this - including your Home Office reference number. If you do not provide these details, we will reject your application and return your application form to you as noted above.

11. Complaints Address

If you have a complaint relating to a European application, please find the contact details for the North West CSU via the following link:

www.ukba.homeoffice.gov.uk/sitecontent/c...

12. Do I have to apply?

Under EU law EEA nationals and their family members do not need to apply for documentation confirming their right of residence in the UK. However, EEA nationals may need proof of residence if they are seeking to support an application for a residence card for a non-EEA national family member.

The UK currently imposes no requirement for the non-EEA national family member of an EEA national to obtain a residence card. However such persons may be inconvenienced if they do not obtain a residence card for the following reasons:

� They may have difficulty proving they are lawfully resident.

� If they leave the UK, they will need to obtain an EEA Family Permit before returning.

� They may find it difficult to obtain/change employment without a residence card confirming their entitlement to take employment in the UK.

13. The Family Members of an EEA National

If you have a right to live the in the United Kingdom, your family may join you. Your family is defined as:

� your spouse or civil partner;

� children or grandchildren of you, your spouse or your civil partner who are under 21 years of age or who are dependent upon you; and

� the parents or grandparents of you, your spouse or your civil partner.

If you are a student, only your spouse, civil partner or dependent children are entitled to a right of residence.

Other relatives (including extended family members such as brothers, sisters and cousins) do not have an automatic right to live in the United Kingdom. To be considered, the extended family member must be able to demonstrate that they are dependent on you. If you and your partner are not married or in a civil partnership, you must be able to show that you are in a durable relationship with each other.

14. Asking us to return your passport

If you have submitted your passport in support of your application under European law, we generally advise that you should not make any travel plans.

However, there may be occasions when you need to travel before your application has been decided and will need to request your passport back.

We will try to return your travel documents within 10 working days of you making us aware of your travel plans.

If you need to request your documents for emergency travel (because you will be travelling within the next 10 days), you must contact the UK Border Agency helpline on 0845 010 5200 and speak to a member of staff about your request. You must provide details of when you need to travel. This will help to make sure that we can deal with your request and return your documents to you as soon as possible.

Please note that we do not routinely accept emergency requests and you will need to provide proof of your need to travel.

If your expected date of travel is more than 10 days in the future, you must email your request to [email address] <BLOCKED::BLOCKED::mailto:[email address]> . This is a dedicated email address that has been set up specially for non-urgent returns of passports. It is strictly monitored, and only non-urgent requests for passport returns should be sent to it - any other requests, including urgent requests and general queries about the progress of your application, will automatically be deleted and will not be progressed. Please do not submit your email request more than once.

It is not advisable to book travel until you are in possession of the required documents.

15. Change of Address.

If you would like to change the address you have given for correspondence, or any other contact details please call 0845 010 5200 and speak to one of our advisors.

16. Withdrawing an application

If you wish to withdraw your application you must do this in writing to the following address :

UKBA - European Applications

Withdrawals

PO Box 306

Dept 45

Liverpool

L2 0QN

17. Change of Name.

If you wish to change the name on your residency document you will be required to submit a fresh application form with a covering letter explaining your circumstances.

18. Loss of Documents.

If you have lost your European Residence documentation and need to apply for a replacement you will be required to submit a fresh application form with a covering letter explaining your circumstances.

19. Correspondence with Case Worker.

Unfortunately we cannot accept correspondence for Case Workers via email. If your Case Worker has written out to you please reply via regular mail to the address provided.

20. Bulgaria and Romania

If you are a Bulgarian or Romanian National and require information please visit :

http://www.ukba.homeoffice.gov.uk/euciti...

Any further queries must be forwarded to [email address] <mailto:[email address]>

21. Employers' Helpline

This Service is for employers/sponsors who want to verify the entitlement to work for people who are currently awaiting the outcome of an application made to the Home Office; and for the prevention of illegal working, in particular advice about carrying out the document checks necessary to attain a defence against conviction.

For more information please visit www.ukba.homeoffice.gov.uk/employers/ or call 0300 123 4699

22. British Nationality

For more information regarding British Citizenship please visit http://www.ukba.homeoffice.gov.uk/britis...

Or resend your query to [email address] <BLOCKED::BLOCKED::mailto:[email address]>

23. Allegations

If you have emailed an allegation be assured that Managed Migration takes all information received concerning the actual or potential abuse seriously and any such information is forwarded to the relevant department and investigated accordingly.

We are grateful for the information you have provided. However, we will not be able to advise you of the progress or results of any investigation relating to this information. This is for the following reasons:

� The Data Protection Act (1998) - the provisions of this Act means we cannot disclose information we hold on an individual to a third party unless requested to do so by, or with the written consent of, the party concerned.

� The Border and Immigration Agency's Code of Practice - all investigations are pursued in compliance with the Data Protection Act (1998), the Human Rights Act (1998) and the Regulation of Investigatory Powers Act (2000). This prevents us giving feedback to people who provide information which lead to investigations, and if we were to breach this, it could compromise the success of any prosecution of an identified offender.

� Potential Damage to ongoing investigations - the potential damage that disclosure might have on any investigation conducted by other government agencies.

If you have information about a person or organisation breaking the European Rules, please email us at the following address:

[email address] <BLOCKED::BLOCKED::BLOCKED::BLOCKED::mailto:[email address]>

Please include "Allegation" and the postcode involved in the subject field.

We will forward the information to the appropriate department for their attention.

You can remain anonymous, but please include as much detail as possible, including home and/or work addresses and postcodes if you have this information

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Richard Taylor left an annotation ()

The request has been re-sent, as the requestor asked, to the email address given for European Nationals and Family Members.

UKBAeuropeanenquiries@ukba.gsi.gov.uk

--

Richard - WhatDoTheyKnow.com volunteer