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✎ EN Non EEA- National married to EEA national.
    

Discussie in 'Immigration UK' gestart door fasa, 19 feb 2008.

  1. fasa

    fasa New Member

    Lid geworden:
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    Hello !

    I would like to know what is the best course of action regarding my case.
    Here is my case :
    I am EEA national (French) working in the UK. My wife is a non EEA national. She came to the uk with a spouse visa. As soon as it was possible we applied for the residency card (EEA2). (we got married in france) Our application was received on the 11th of january (We received the letter saying so).

    Her visa should end around May, and we have to travel to China for our second weeding ceremony.

    So her entry clearance will expire before we come back in the uk. I am wondering what should i do in case we don't receive the response to our application quickly. Ask her passeport back and ask for a visa Extension ?

    I use to think that our case was pretty easy as she as already been granted an entry clearance to the uk. Reading your post makes me wonder.

    Regards,

    Fasa
     
    #1 fasa, 19 feb 2008
  2. thsths

    thsths Addicted member

    Lid geworden:
    27 apr 2007
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    Land:
    Verenigd Koninkrijk
    Nationaliteit:
    Duitse (DE)
    Taal:
    Deutsch, English
    Yes, this is a common problem with the UK system. Essentially, you have three options:

    a) You can apply for another EEA Family Permit. But you have to do this outside of the UK, and you will need the marriage license for this, which is probably sitting with the EEA2 application at the Home Office.

    b) You can come back without a new visa. This is tricky, but legally you cannot be refused as long as you can prove your case. Again you should really have the marriage license with you, and in addition this may be a bit stressful.

    c) Try to speed up the application. You can ask your MP to talk to the Home Office on your behalf, although that is not guaranteed to work. The only reliable way is to submit the applications for EEA1 and EEA2 together, which means they only take about 2 months to process. And even that may change now that the Home Office is reorganising the European section.

    Legally you case is very simple, but the Home Office likes to make things complicated. Just make sure that you know your rights, and it should be ok.

    Tom
     
    #2 thsths, 19 feb 2008
  3. fasa

    fasa New Member

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    MP ? what's that ? The point is that we got married in france and so the certificate (Called in french Family book) lies with my application. Do you know if we can have it back ?

    She is a permit older in france we still have the choice that she came back in france with some of my family members for let's say 1 month and that I submit her passport back as soon as I arrive in the uk do you think this might be a solution ?
    (quit complicate duh !)
     
    #3 fasa, 19 feb 2008
  4. thsths

    thsths Addicted member

    Lid geworden:
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    Member of Parliament, the person representing your area in the lower house. He/she is your contact into "politics".

    Yes, that is the usual problem. You can ask to have it back (after all it is your document), or you ask for another copy from France.

    I am not quite sure what you mean. Applying for the EEA Family Permit in France is slightly easier, but it will still take a while, and you need the marriage certificate.

    Tom
     
    #4 thsths, 19 feb 2008
  5. fasa

    fasa New Member

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    Thanks for you insight :).

    If we go for the solution that she come bqck to frqnce qnd wait there for her residence card to be issued and we submit her passeport back fron france do you think that might be an issue ?

    Or she can always send her passeport back when she's asked and apply for en entry cleareance from france (takes about 1 month, they keep the passeport something like 1 month.)

    If the entry clearance went faster then we go for it and submit or passport back after that. If the residence card goes first then we go for the residence first.

    If I get the residence card I send it back to her.

    Got the idea ?

    Thank for your insight mate I REALLY appreciate your answers !
     
    #5 fasa, 20 feb 2008
  6. thsths

    thsths Addicted member

    Lid geworden:
    27 apr 2007
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    Geslacht:
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    Nationaliteit:
    Duitse (DE)
    Taal:
    Deutsch, English
    Yes, that is possible, if she has a visa for France. But in that case I would actually recommend to go to the UK and apply for entry without a valid visa.

    You will find this option in Section 11(4) of the Immigration Rules www.opsi.gov.uk/si/si2006/uksi_20061003_en.pdf . Unfortunately you will also find in the casework instructions http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary that they are really taking a "tough" stance on this, so it may be stressful, and you should only try this if you are travelling together.

    The worst that can happen is that they send her back to France, and you have to try a different option.

    Tom
     
    #6 thsths, 21 feb 2008
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