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✎ EN Help Am Stuck

Discussion in 'Departure' started by tara1, Jul 7, 2010.

  1. tara1

    tara1 New Member

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    I have got a scenario for anyone who can help.

    I have been married to my husband who is a french national for 2 years. He had to go back to france to work as he could not get a job in the uk due to the current economically crisis. He is now working in france. I am a student a non-eea national. I am currently attending university. I have contacted the home office and they daid i have to wait unitl my student visa lapses, before i can submitt and eea1 application. I am stress out to the point where i fail my course for the second time. I am getting kicked off the course as we speak. I haven't seen my family for ten years and i am going insane.

    They have had my passport since december 2006. I have received no correspondent since. I was working 13 hours and now i have to stop because i have no documents to provide. Because my husband is not exercising his treaty rights in the uk will that be a problem? Or the fact that he his working in france will pose a major draw back. I have not made the eea1 application as yet i really want to see my family christmas. I am tired of the stupidity. Will they also check my husband national insurance number to see if it is active in this country he has a uk ni as well. We see each other often, as he come from france because i can't travel. Anyone knows what to do. Will they check my national insurance number as well. Also i have a child but it is not my husbands child. I get child benefit and tax credit will that pose a problem, as i dont know whether i should be in receipt of that or not. I am stuck i need help urgently solicitors are expensive. By the way i applied for student extension in 2005, they refused it and has taken me to court the judge has allowed the appeal so they have not given me back my extension or passport since then.
     
  2. Yousafzai

    Yousafzai Addicted member

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    How can you be attending university if you don't have your passport with a valid student visa ? Besides the Home Office can't reply to you telling you to wait till your student visa lapses when you don't even have one. Sorry but that sounds dodgy.

    More importantly, where did you get married ? was it a proprt registered marriage or just a religious ceremony ? in the latter case, it doesn't mean a thing.

    And yes, your husband needs to be in the UK and exercising his treaty rights for you to have a chance of getting an EEA application through. You can't dodge Home Office on this one since they will be checking everything about both of you not just NI number.

    You will have to come very clean if you need to move forward with your situation.
     
  3. tara1

    tara1 New Member

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    I got married in a church ceremony. I started university september 2005 just before my application went off to the home office in 2005. They have not responed to me since. They granted me an extension of 2 months from september 2005 to november 2005. What the judgment of my case states that i should carry on as usual working my 20 hours and completing my studies until i hear from the home office. Trust me there is nothing dodgy about it. The university is aware that i am still awaiting my application. It is just complex all round.
     
  4. Yousafzai

    Yousafzai Addicted member

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    Was in the Church of England ? If yes, you should read a bit about that to check if your marriage is has any legal status in terms of the registratin requirements. Otherwise, you are not married at all for immigration purposes.

    Even if you are indeed married, my honest suggestion would still be to contact an OISC registered solicitor who can advise on your specific case since its not a simple case of getting married and applying under EEA rules. You have been in the UK for quite some time and your immigration history is complicated to say the least.

    Another, and straight forward, option would be to return to your home country and apply for an EEA Family Permit from there.

    Good luck
     
  5. tara1

    tara1 New Member

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    I was married in the church of england, i have been here since 2001. Thanks for your response though.
     
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