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✎ EN EEA1 and EEA2????

Discussion in 'Immigration UK' started by kikirau1, Dec 11, 2007.

  1. kikirau1

    kikirau1 New Member

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    Hi all,

    I am a South African and am married to a German. The thing is he was born in South Africa but he has a German passport. Does he need to apply for anything? I have got my Fiance visa which i applied for in South Africa, which lasts 6 months. My fiance visa expires in Feb, so i have a flight back to SA. Will i be aloud back into the UK? We are applying for the EEA2 form. Not sure how long it will take. Just really worried about getting back in the UK to be with my husband.

    Any help would be appreciated.
    Thanx
    :rolleyes:

    [moderator thsths: I merged the two topics, because they refer to the same situation]
     
  2. kikirau1

    kikirau1 New Member

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    Hi,

    I have been reading through some of these questions and anwers, very helpful! :)

    My Husband and i got married on the 10th Nov and i am here on a Fiance visa. It expires in Feb. I have a flight back home but i dont want to go back just yet if i cant come back here to be with my husband. He was born in SA as was i but he has a German passport. Do we both need fill in forms? Me EEA2 and my Husband EEA1????Am i right?

    Apparently, the home office will send me a letter stating that i can work, but will this still apply if my Fiance visa has expired? Can i still stay in the UK on the letter the home office sends? Or do i have to go home to SA untill the residence card is approved?

    So confused!!!!! :?: :?: :?:
    Any help!
    Thanx
    :lol:
     
  3. sebhoff

    sebhoff Addicted member

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    City:
    North-West
    Living In:
    United Kingdom
    Nationality:
    British (GB)
    Languages:
    English
    OK - my view of things:

    - you are now married to a German citizen. Therefore, the EU Directive 2004/38 applies. You have the automatic right to stay in England (and work) as long as your husband does (provided he is a qualifying person, i.e. normally works, or has permanent residence because he has been in the UK for more than 5 years).
    - the only (realistic) reason why this may not be true is if the UK authorities consider your marriage to be a marriage of convenience. (The other much less realistic reason would be that you are an obvious threat to society or that you have one of a very small number of very nasty epidemic diseases. ;-))
    - the fact that your Fiance visa expires has no influence on this status. You do not need to leave the country. You also certainly don't have to wait for the residence card to be issued.
    - You should apply for EEA2 and your husband can apply for EEA1. From what people report here, joint applications are dealt with much faster than EEA2 applications.
    - If you leave the country, it might be tricky to re-enter without the necessary documentation, but since South Africans are not visa nationals, this is likely to be a smaller problem than otherwise. The official UK view is that you need a Family Permit (which is free and should be issued very quickly) as long as you have not been issued a residence card. In reality, you should be let in even without a permit - but an overzealous immigration officer might feel like questioning you over this.

    As always, it's worth double-checking this information. I am not a immigration specialist. ;-)

    Sebastian
     
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