Eea4

Jasmine made this Freedom of Information request to UK Border Agency

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

UK Border Agency did not have the information requested.

Dear UK Border Agency,

Can you travel with an expired EEA spousal visa if EEA4 application isn't completed in time for the trip abroad? Please can you supply advice on this matter.

Yours faithfully,

Jasmine

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency.

 

You can no longer use this email address for general 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.

 

Please visit our comprehensive website at
[1]http://www.ukba.homeoffice.gov.uk  for further information.

 

 

The information in this message contains 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:

[2][email address]

 

European Nationals and Family Members:

[3][email address]

 

A2 Accession Enquiries – Bulgarian and Romanian Nationals:

[4][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): 

[5][email address]

 

IRIS Recognition:

[6][email address]

 

 

If you are outside the UK:  Please go to the information pages for your
country on the UK Border Agency website: 
[7]http://www.ukba.homeoffice.gov.uk/visas-...

 

 

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:

 

[8]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 [9][email address].   Alternatively if you wish to complete a
fraud report you can do this online via the online reporting tool at
[10]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.  Points Based System – Tier 1, Tier 2, Tier 4, Tier 5 and Sponsorship

  5.  Students – Changes During Your Stay

  6.  Family of British and Settled Persons

  7.  UK Ancestry

  8.  Child born in the UK

  9.  Settlement - Knowledge of Language & Life in the UK

10 . Indefinite Leave to Enter 

11.  New Passport – Transfer of Conditions or No Time Limit

12.  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:

[11]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:

 

[12]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: 

 

[13]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:

 

[14]http://www.ukba.homeoffice.gov.uk/siteco...

 

You can tell us about a change to your UK contact details or your legal
representative’s details using our online forms. Online updating is a
fast, simple and secure way of providing this important information.

Please see the following link for details on how to change your contact
details:

 

[15]http://www.ukba.homeoffice.gov.uk/aboutu...

 

 

 

3. Biometric Residence Permits for Foreign Nationals

 

As of 29th February 2012 Nationals of countries outside the European
Economic Area and Switzerland must apply for a biometric residence permit
(unless they already have one) if they are currently in the UK and they
want to:

 

o extend their temporary permission to stay to a total of 6 months or
more;
o apply for permission to settle in the UK (known as 'indefinite leave
to remain');
o transfer their permission to stay from an old passport or similar
document using form TOC or NTL; or
o apply for a Convention travel document (1951 refugee or 1954 stateless
person) or a certificate of travel.

 

You do not need to obtain a biometric residence permit if you are a
national of a country in the European Economic Area (including the UK) or
Switzerland.

 

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

 

[16]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: 

 

[17]http://www.ukba.homeoffice.gov.uk/visas-...

 

 

4. Points Based System – Tier 1, Tier 2, Tier 4, Tier 5 and Sponsorship

PBS Tier 1

 

Detailed information about Tier 1 can be found on the UK Border Agency
website at:

 

[18]http://www.ukba.homeoffice.gov.uk/visas-...

 

 

 

PBS Tier 2

 

Detailed information about Tier 2 can be found on the UK Border Agency
website at:

 

[19]http://www.ukba.homeoffice.gov.uk/visas-...

 

 

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

 

Detailed information about Tier 4 can be found on the UK Border Agency
website at:

 

[20]http://www.ukba.homeoffice.gov.uk/visas-...

 

 

 

PBS Tier 5

 

Detailed information about Tier 5 can be found on the UK Border Agency
website at:

 

[21]http://www.ukba.homeoffice.gov.uk/visas-...

 

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:

 

[22]http://www.ukba.homeoffice.gov.uk/busine...

 

 

5. Students – Changes During Your Stay

 

Detailed information explaining what you should do if changes to you or
your sponsor occur while you are in the UK as a student under Tier 4 of
the points-based system can be found on the UK Border Agency website at:

 

[23]http://www.ukba.homeoffice.gov.uk/visas-...

 

6. Family of British and Settled Persons

 

A number of changes to the Immigration Rules come into effect on 9 July
2012. These changes will affect non-European Economic Area (non-EEA)
nationals applying to enter or remain in the UK under the family migration
route.

These changes will define the basis on which a person can enter or remain
in the UK on the basis of their family or private life, unifying
consideration under the rules and Article 8 of the European Convention on
Human Rights.

If you already have leave to enter or remain in the UK, on the basis of
being the spouse or partner of a settled person, you will need to meet the
rules which were in force before 9 July 2012 if you apply for settlement.

The changes include:

o introducing a new minimum income threshold of £18,600 for sponsoring
the settlement in the UK of a spouse or partner, or fiancé(e) or
proposed civil partner of non-European Economic Area (EEA)
nationality, with a higher threshold for any children also sponsored;
£22,400 for one child and an additional £2,400 for each further child;
o extending the minimum probationary period for settlement for non-EEA
spouses and partners from two years to five years, to test the
genuineness of the relationship;
o abolishing immediate settlement for the migrant spouses and partner
where a couple have been living together overseas for at least 4
years, and requiring them to complete a 5 year probationary period;
o from October 2013, requiring all applicants for settlement to pass the
Life in the UK Test and present an English language speaking and
listening qualification at B1 level or above of the Common European
Framework of Reference for Languages unless they are exempt; and

Detailed information about changes to the family migration rules that came into
effect on 9 July 2012 can be found on the UK Border Agency website at:

[24]http://www.ukba.homeoffice.gov.uk/siteco...

Detailed information about how you can apply to  remain in the UK if you
are the partner, dependent child or adult dependent relative of a British
citizen, a person who is settled, has refugee leave or humanitarian
protection here can be found on the UK Border Agency website at:

[25]http://www.ukba.homeoffice.gov.uk/visas-...

You will be required to prove your English language ability, if you are
applying as the husband, wife or civil partner of a British citizen or
someone who is settled here.

This information is based on Part 8 of the Immigration Rules.

For details of the English language requirement, see the [26]English
language requirement page.

 

For further information, please visit the UK Border Agency website at:

 

[27]http://www.ukba.homeoffice.gov.uk/siteco...

 

 

7.  UK Ancestry

 

Detailed information about UK Ancestry can be found on the UK Border
Agency website at:

 

[28]http://www.ukba.homeoffice.gov.uk/visas-...

 

 

 

8. 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.

 

PBS Dependant application form should be used if the person whom the child
is dependant on has been granted leave to remain under the Points Based
System.

 

FLR(O) application form should be used 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.

 

 

9.  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:

 

[29]http://www.ukba.homeoffice.gov.uk/visas-...

 

 

10.  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. 

 

 

 

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

 

Detailed information about transferring your visa or residence permit from
an old passport or travel document to a new one can be found on the UK
Border Agency website at:

 

[30]http://www.ukba.homeoffice.gov.uk/visas-...

 

 

12.  Reporting an immigration offence

 

We take public reports of crime seriously. If you suspect that someone is
working illegally, has no right to be in the UK or is involved in
smuggling, we want to hear from you.

You can report your suspicions in confidence using our [31]reporting form.

Please complete as much of the form as you can. But do not worry if you
cannot answer all of the questions - and do not put yourself in danger by
trying to discover more information.

Any information that you provide will be handled in confidence. You can
give us your name and address if you wish, but you do not need to do so.

Other reporting methods

 

Alternatively, you can:

o contact [32]Crimestoppers (online or by phone) anonymously
o call the Customs Hotline about smuggling on 0800 595 000
o contact the confidential anti-terrorist hotline on 0800 789 321 or
[33]online
o dial 999 in an emergency

 

Detailed information how you can report suspected immigration crime (such
as illegal immigration or illegally employing foreign workers), smuggling
or terrorism can be found on the UK Border Agency website at:

 

[34]http://www.ukba.homeoffice.gov.uk/aboutu...

 

 

 

 

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