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✎ EN UK: from Slovakia and my husband is from Ghana - refusal
    

Discussion in 'Immigration UK' started by morren, Feb 28, 2008.

  1. morren

    morren Member

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    I am a bit confused for now and need your advice. I am from Slovakia and my husband is from Ghana. We had our wedding in Ghana last year in February and after wedding my husband came back to UK on visiting visa. Not knowing the law well, we applied from UK with form set(m), ILR, and our application was with the H.O. for nine months and then returned back with the refusal based on the fact that my husband applied with visitor's visa, and has not been married for two years to applied for ILR. They also gave an option of appeal which failed on 21st of February. My husband's visa has expired last June while still with HO. Now if my husband needs to go back home to apply from his country and I hope he will not be charged as an overstayer. Will he need to present all appeal documents in an airport to show why he had to overstay. Would they stamp his passport?.or is there any chance of re-applying.

    Looking forward to hearing any suggestion.

    morren
     
    #1 morren, Feb 28, 2008
  2. thsths

    thsths Addicted member

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    Re: pls can someone help

    Hi

    You got yourself into quite a situation there, but I think the prospects are a lot better than you think. You should make your application under European law, and you should have done so from the beginning. Luckily under European law it is never too late to make an application. Check here:

    http://www.bia.homeoffice.gov.uk/euciti ... ropeanlaw/

    You should probably fill in the forms EEA1 and EEA2, and send them together. The application can take a while (up to six months). While usually you can travel outside of the UK without affecting the application, in your case I would strongly recommend against that.

    Note that in your case, you also have to register under the worker registration scheme. Did you do that? If not, it may complicate things a bit, and maybe somebody more competent can comment on the implications.

    Now the funny thing is that nobody ever recommended this to you. Your application for ILR should really have been handled under European law, and then you would already have a residence card. Did you get a lawyer involved with the appeal?

    Tom
     
    #2 thsths, Feb 28, 2008
  3. morren

    morren Member

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    Hi tom is me again

    thanks tom,for your concern.
    i did not involve any lawyer,the appeal was decided based on documents.
     
    #3 morren, Feb 28, 2008
  4. morren

    morren Member

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    Hi tom is me again

    Can my husband (from Ghana) apply for leave to remain as the spouse of an EEA national (from Slovakia) if I am a PhD student here and getting full funding and stipend, so financially independent. As I know eea2 form has got section for student. Is it for ALL EU students or A8 countries left behind and ONLY working people registered under Working Registration Scheme eligible to stay in UK with their non EU husbands/wifes...?

    Looking forward to hearing any advise.
    morren
     
    #4 morren, Feb 28, 2008
  5. morren

    morren Member

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    Can anyone help?.

    What does it mean to exercise treaty right as a student?.
     
    #5 morren, Mar 12, 2008
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