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✎ EN UK: switching student status to dependent status
    

Discussion in 'Immigration UK' started by katarzyna, Mar 4, 2005.

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  1. katarzyna

    katarzyna Member

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    hi ya,
    sorry actually i think you guys might have a bit problem to understand the other massage because i am having a problem in key board.i am giving my details here.
    1. I am a polish citzen and obviously a eu national and moved to uk in september 2004.I am doing a job and registred under the work registration scheme.I have got married to a pakistani guy after living together for 6 months.now he wants to change his status and want to gt residential permit and work permit.so if some bodz have some information plz let us know that what we should do.thanks.
     
    #1 katarzyna, Mar 4, 2005
  2. Triple H

    Triple H Addicted member

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    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
     
    #2 Triple H, Mar 5, 2005
  3. EasyExpat

    EasyExpat Administrator
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    As she said, she is a Polish citizen. The general rule is that the partner will inherit the rights of the EU citizen. And here, as a Polish person, she is part of the EU. The best thing is to go to either the Polish consulate or the Pakistan consulate with the mariage certificate t get the situation sorted out.
     
    #3 EasyExpat, Mar 5, 2005
  4. katarzyna

    katarzyna Member

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    Re: re switching student status to dependent status

    hi again,
    actually i contacted the registrar for marriages and asked her that we want to get marry before 1st of february so she told me that if i will give notice of marriage before 1st of february so she can register us because she told me that after 1st february there will be some changes in law.so we gave a notice of marriage before the 1st february and got married on 12th of february beside the fact that law was not applicable on us.And we have a joint account on our name. we are living together in a rented house and also have this tenancz agreement with the house owner on my and my husband name since september 2004.plz let me know.

    regards kataryzna
     
    #4 katarzyna, Mar 5, 2005
  5. Triple H

    Triple H Addicted member

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    :)

    Ok katarzyna,

    Have a look here IND APPLICATIONS

    Your husband will need EEC3 Form

    Good luck

    Triple H
     
    #5 Triple H, Mar 5, 2005
  6. Triple H

    Triple H Addicted member

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    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
     
    #6 Triple H, Mar 5, 2005
  7. katarzyna

    katarzyna Member

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    #7 katarzyna, Mar 5, 2005
  8. Triple H

    Triple H Addicted member

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    :)
    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
     
    #8 Triple H, Mar 5, 2005
  9. katarzyna

    katarzyna Member

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    Re: re switching student status to dependent status

    thanks for all of ur help. but did anz bodz have been through the same situation.If zes so what thez did. plz write me then.one thing more that i dont need anz resident permit coz i can leave and work here as long as i can. its actuallz my husband who needs. triple H how much u think thatthis solicitor will cost me
     
    #9 katarzyna, Mar 5, 2005
  10. EasyExpat

    EasyExpat Administrator
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    Hi Triple H
    I'm not sure that the IND rule you are pointed will apply to a EU citizen :headscratch: They do not specify that point and re their au pair and other applications explanations it seems to me that they relate to non EU people. They say: Completion of an application form is compulsory for most applications to stay in the UK (except applications [...] under European law and under European Community Association Agreements). Therefore, as married to a EU citizen, her husband should comply with the EU rules.

    Before to initiate any cost with a lawyer, why not going to the Polish consulate and ask?
     
    #10 EasyExpat, Mar 5, 2005
  11. Triple H

    Triple H Addicted member

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    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
     
    #11 Triple H, Mar 5, 2005
  12. Triple H

    Triple H Addicted member

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    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
     
    #12 Triple H, Mar 5, 2005
  13. katarzyna

    katarzyna Member

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    ok thank you very much for all the informations but can i ask what is IND?and if i will apply for him through a solicitor or on myself to IND???? and they will refuse it so does he need to go back pakistan and they will cancel his student visa because rite now he is not going to university.one thing else that how much a solicitor charge for such a case
     
    #13 katarzyna, Mar 5, 2005
  14. Triple H

    Triple H Addicted member

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    :eek:
    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
     
    #14 Triple H, Mar 5, 2005
  15. katarzyna

    katarzyna Member

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    Thank you very much for ur replies. :D but plz if some body have been through the same situation write me.I will really appreciate it.Triple H the thing is I am writing again and again because i am reallz worried and also very scared to lose him.so thats why i am writing again and again to be sure.Thanks verz much.

    regards
    Katarzyna
     
    #15 katarzyna, Mar 5, 2005
  16. Coyan

    Coyan Addicted member

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    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
     
    #16 Coyan, Mar 8, 2005
  17. Triple H

    Triple H Addicted member

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    :(
    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
     
    #17 Triple H, Mar 8, 2005
  18. Coyan

    Coyan Addicted member

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    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.
     
    #18 Coyan, Mar 8, 2005
  19. EasyExpat

    EasyExpat Administrator
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    For one main reason: the British population (already not feeling completly European...) is scared that the new country members will flow the British system, claiming rights, benefits... etc. Not adding that this fear has ben fueled as well by the Sun and other tabloids.... and of course used by the Conservative party in England (moving to far right I think :evil:). Do you know the slogan for the Tory campaign ? “It’s not racist to impose limits on immigration”. At the foot of the poster, a question is posed: “Are you thinking what we’re thinking?” The 2 sentences put together seem deliberately provocative and racist... :rolleyes:
     
    #19 EasyExpat, Mar 8, 2005
  20. katarzyna

    katarzyna Member

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    hi ya,
    Thank you very much to all of you.I have some idea now what to do. but I think I need to wait because the thing is that I opened my account this month.As you know that when yoz go to banks how thez treat you and how many things they want.so all my wags were coming through my husband,s account.I am thinking that i will wait 2 or 3 months and when I will be having some savings then we will apply.also I got a permanenet job just few days ago.before that i was working through agency.so what you think that it is ok if i do like this or some alternative. thanks triple h and cyon.also wana know that is it EEC! or EEC3 form because got a bit confused now. Right now i am waiting for the upgrade of mz account but is it possible that I should send the form along my wage slips because any way i didnt have account but i do have my wage slips.thanks
     
    #20 katarzyna, Mar 8, 2005
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