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✎ EN UK Spousal Visa
    

Discussion in 'Immigration UK' started by Parky, Jan 28, 2008.

  1. Parky

    Parky Member

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    Hi,

    Is it the case that in order for my wife to receive a UK Spousal visa she has to return to Canberra in Australia to get the visa, even although we're currently in the UK?

    Can she apply and receive the visa from within the UK?


    Thanks,
    Parky.
     
    #1 Parky, Jan 28, 2008
  2. Parky

    Parky Member

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    UK EEA2 Visa

    Hi,

    I'm originally from the UK but have lived in Australia for the past 12 years. My wife and 2 kids are Australian.

    We're now living in the UK and my wife and kids have only been given a 2 month temporary visa to stay in the UK.

    We have recently applied for the EEA2 visa as I'm British and am exercising my EU rights.

    My wife's getting nervous that she'll get rejected and have to return to Australia.

    Should she and the kids automatically get the EEA2 5 year visa? Is there any reason they would be rejected?

    Thanks,
    Parky.
     
    #2 Parky, Jan 28, 2008
  3. marieh72

    marieh72 Member

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    depend on what type of visa she s on right now... You re not allowed to switch in certain category (visitor and holidaymaker i think). Contact the high commission or the home office.

    best of luck
     
    #3 marieh72, Jan 29, 2008
  4. thsths

    thsths Addicted member

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    Re: UK EEA2 Visa

    There is a big problem with this: there is no European dimension to your case. Since it only involves the UK and a non-EU country, the European union is not relevant for this case. So you have to follow the national immigration law, which requires that you get a settlement visa for your wife before you come to the UK.

    Your wife is in a tricky situation. She may get classified as an overstayer (if she stays longer than the 2 months), and she may be accused of visa abuse, if she got here on a visitor visa. This could make any further application rather difficult. I think she has go back to Australia and apply for a spouse visa.

    (And I merged the two topics to keep the discussion together.)
     
    #4 thsths, Jan 31, 2008
  5. Parky

    Parky Member

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    That's why we've applied for the EEA2 visa first.

    If she and the kids get this then there is no urgency to get the spousal visa.

    I can't see any reason why they wouldn't get the EEA2 application.....we were living in France prior to the UK and she got a 5 year French Carte de Sejour easy enough.

    Just a thought...Can you use the Carte de Sejour in the UK as a right to stay there.
     
    #5 Parky, Feb 1, 2008
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