Re: re switching student status to dependent status

Hi katarzyna,

I am sorry that I am answering with questions,but that is due to recent change in immigration rules regarding marriage.
When and where did you get married? Before or after 1st of february?
I guess you are not UK resident,because you would be issued with residents permit only if you had lived and worked in UK for 12 months(EU accession countries rule).Can you prove that you lived together(bills,etc)?Have you got full time job and reasonable accomodation?

Regards

Triple H

 

Ok katarzyna,

Have a look here IND APPLICATIONS

Your husband will need EEC3 Form

Good luck

Triple H

 

Yes EasyExpat,the general rule is he will inherit from her all the rights but she is not resident yet,and from 1st of feb they really have changed the rules ,so its much tougher !!!The questions I asked are for simple reason:if there is any doubt in IND mind better they have all documentation and history to prove that they`re genuine couple.Better be safe than sorry

Regards

Triple H

 

In my opinion you can do it from UK! No need for him to go to Pakistan and apply for visa,because he is legaly in UK on long student visa and you are working.Would be easier if you are Uk resident.You could get that permit in Septembar.Just apply on your own and use solicitor that I PM`d you only if necessary .

Regards

Triple H

 

Its in your interest to have resident permit ,so IND people would know that you intend to live permanently with your husband in UK.

Regards

Triple H

 

Katarzyna is obviously legally married to her Pakistani husband.She should apply directly to IND, the link and form code I have provided.She works legaly in UK as Eu citizen ,her husband is legally in UK, more then 6 months which is very important.Polish consulate can only give her brief info,which I dont think would be very helpful.I have advised her to apply on her own for her husband.After that the ball is in IND court.Only if they suspect that something is wrong or they`re are not satisfied I would advise her to use solicitor, not before that!

Regards

Triple H

 

IND- IMMIGRATION AND NATIONALITY DIRECTORATE.
As I said ,just download print and send the form yourself.
They are only intrested what you do,if you can suppot him and if you live together,genuine couple.What he does its not impotant to them,as long as he is legally in country on students visa.



Do not think about solicitor just now,only if everything fails.

Regards

Triple H

 

I certainly agree. As the Spouse of a Resident EU Citizen your husband derives all rights from you. You need to Complete EEC1 Form 1 to have his status changed to an EU dependent. He doesn't need to go to Pakistan to do that since he is already legaly resident in the country

 

Sorry Coyane , NOW HAS BEEN CORRECTED,katarzyna will need EEC1 ,he will need

EEC3 FORM

I stand what I said above that is better to have all these documents for simple reason : abuse of the system.Better to prove that you are genuine then to have problems with IND,regardles of your nationality,EU or not !


You will need:

your passport or national identity card;


your residence permit (you will need to apply for one if you do not already have one);
proof that you still have a right to live in the United Kingdom;
your family member's passport; and
proof of the relationship between you and your family member (if your husband or wife is applying, we will need to see proof that you are legally married, for example, your marriage certificate).
All documents should be originals.

If you are a national of one of the new member states and you are in employment, your family members will not be eligible for a residence document unless you are eligible for a residence permit. However, if you have registered under the Worker Registration Scheme, they can obtain a family member residence stamp. Applications for family member residence stamps should be made on form EEC3 and sent to the address detailed on the form.

Triple H

 

Yes, you certainly are right. It should be a Form EEC3. I'm certainly more familiar with dealing with Forms EEC1 and mistakenly presumed that Accession States were using the same Form.

It looks like the old EU countries are not too certain what to do with the New EU States since all the countries have different rules and regulations for the Accession countries.

Unfortunately the UK also seems to be putting all sorts of inconveniences on their Movement Rigts. Why they wouldn't just allow them same rights like the Old Countries, no one realy knows.

However I would suggest the lady speaks to a solicitor because the laws on the New Accession States is flux and still evolving around Europe.