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✎ EN Non-EEA (Australian) married to EEA (Czech) partner in UK

Discussion in 'Immigration UK' started by ausguy732, Dec 8, 2005.

  1. ausguy732

    ausguy732 New Member

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    I am unsure of the correct visa application path, and need some advice.

    I am an Australian national, and have been living in the UK for more than 5 years. I was originally on a working holiday visa until late 2001, then a work permit valid until April 2006.

    I married my Czech partner in the UK in December 2004, and have had the marriage certificate certified.

    The motorsport company I have the work permit through is struggling financially and I have been made redundant, so I currently have a six month holiday visa in my passport valid until end of May 2006. I have put plans in place with a UK business partner to establish a new company (which will effectively make me self-employed) which has been backed financially by HSBC.

    My wife is currently in the UK on a student visa, but has also been living in the UK for 5 years. Her current foundation degree course finishes in July 2006, and she has a further 2 years of full-time study in London arranged. She is classed as a home student by the UK government. We have been living together for 3 1/2 years and have a mortgage here.

    Should we apply for the EEA family permit in the UK? Will my tourist visa status cause problems? Should my wife apply for the WRS (though she is a student) which will allow me to apply for the non-EEA EEC3?

    Once the EEA family permit is issued I can prove with bank statements that my income is enought to support both of us, and my wife could apply for 'self suffificent person' status, which would effectively give us in-definate leave to remain. Is this correct?

    There is a policy change due in late April early May 2006 - does anybody know what the new procedures might involve?

    Any help would be greatly appreciated
     
  2. Triple H

    Triple H Addicted member

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    Hi,

    In my opinion you will not have any problems.You could apply simultaneously with EEA1 for your wife and EEA 2 for yourself.
    Send all usuall stuff,bank statements,mortgage docs,student docs for your wife,marriage certificate,any other proof of the relationship and finance that may be relevant.At this stage you would be given 1 year resident permit .

    Regards

    Triple H
     
  3. alabama

    alabama Well-Known Member

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    Your wife won't be able to apply for EEC3 if she is a student. I have dual British/French nationality and have lived in the UK for over twenty years. In order for my non EEA spouse to join me, we've been told to use the EEC1 and 2 forms since I can't prove that I've been working for five years in the UK, even though I'm a part-time student/university tutor/nursery assistant and have been for a number of years. However, I never thought I'd need my payslips all those years ago to prove my status in the UK. Funny old world...
     
  4. Triple H

    Triple H Addicted member

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    New forms are available from 31st of October 2005

    http://www.easyexpat.com/forums/ftopic_6792.htm
     
  5. alabama

    alabama Well-Known Member

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    Thanks for pointing that out Triple H. I keep forgetting they're now EEA forms instead of the old EEC ones. But basically what I meant was that I can't apply for permanent residency because I can only prove that I've been studying here for the past twenty years (I'm twenty six and came back to the UK aged six), seeing as I've never kept evidence proving five years of economic activity/work in this country. Student status does not qualify you for the EEA3 form, so you must fill out EEA1 and EEA2.
     
  6. ausguy732

    ausguy732 New Member

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    Just a quick note to say thanks. My wife and I received our passports back within 10 weeks of the applications. I now have a 1 year residence permit.

    Thanks again, Chris and Dana.
     
  7. Triple H

    Triple H Addicted member

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    :lol:

    Good news ;)
     
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