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✎ EN EU & non EU spouse dilemma!!

Discussie in 'Immigration UK' gestart door technospirit, 10 okt 2006.

  1. technospirit

    technospirit Member

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    Hi Triple H,

    I have been reading your posts and honestly appreciate the kind of time and effort you put in to help everyone out there. Hope you can advise me on my situation too...

    I am the non-EU spouse of an EU citizen (Lithuania). I was issued my EEA family permit last year in October which was valid until April this year. Due to unavoidable circumstances, my wife had to travel to her home country for her exams in April which lasted for 2 and a half months. Because of this, I wasnt able to apply for a residence document. How do I overcome this situation as I am now an 'overstayer'? Will I be deported or is there any way to apply for residence? My wife is pregnant and has to travel back to her country by December. I am the only one who is employed as she is not working as she was suffering from depression. I couldnt apply for residence earlier since i got a job only this February and by the time my bank accounts and all other formalities completed, my wife had to travel for the exams.

    We do not intend to live in the UK as we are moving to Dubai next year.

    Kindly advise as I am quite stressed about our situation. Also, do I have to hire a solicitor for this purpose?

    I shall appreciate your prompt response.

    Regards;
    Techno
     
  2. Triple H

    Triple H Addicted member

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    Oh well....what is done is done.

    You could apply to HO,that process could be lenghty and costly and you`d probably need a a solicitor at some stage.I really dont know how long that would take and what are your chances of succesess.
    As an alternative you could just leave the country and reapply for a family permit.

    P.S Ask elsewhere as well.Second opinion would be usefull so you can make your own decision. ;)
     
  3. technospirit

    technospirit Member

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    Hi Triple H,

    Many thanks for your reply! What about the overstaying factor? What happens to that? What actions does the Home office take in these matters?
    Do I face deportation or what does the EU law suggest?

    Also, the consulate would question me whilst reapplying for a family permit since I have overstayed (although never intentionally!); dont you think so and what would be the chances of getting it again since only I am employed and my wife isnt?

    It all seems to be a fuzzy picture for me right now being in this situation. I am sorry for all these questions but a person in my situation wont be in a state to think clearly.

    Thanks again as I look forward to your reply.

    Techno
     
  4. Triple H

    Triple H Addicted member

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    Most probably you wouldn`t be "checked" when leaving the country.

    I dont think you would face a deportation but would take time and money to sort out your status.

    Basicaly if you do apply to remain you would be "outside immigration rules" category, thats why I would advise you to ask elswewhere,little chat with solicitor wouldn`t be bad idea.
     
  5. technospirit

    technospirit Member

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    Thanks again Triple H,

    Sorry to bother with my questions again but do you recommend any solicitor?
    Also, does this affect my employment as of now??

    Thanks.
     
  6. technospirit

    technospirit Member

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    Thanks for your reply...I guess I have to check with a solicitor right away regarding this..

    Thanks for all your help...
     
  7. petkanov

    petkanov Member

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    Don't worry

    Your right to stay in the UK is not dependant on administrative procedure, but on EU law. Even the site of the IND says that you don't need to apply for residence permit, but says that the existance of valid eea family permit or residence permit will make your life easier as far as proving to your employer that you can work. You can check the www.ind.homeoffice.gov.uk there under law and policy you will find European Casework Instructions and read it well and will see that you have not really overstayed, because your stay is governed by different rules, and not the Immigration law.
     
  8. Triple H

    Triple H Addicted member

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Laden...
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