Yes the 5 month UK stay could be an issue, plus the application for EEA FP straight after the marriage. But it really depends on the UKVI caseworker that you get, as some are lenient and others are unreasonably harsh.
No I'm afraid your partner is not a Permanent Resident - a Registration Certificate is something that an EU citizen can obtain as part of an administrative formality in his host country. Therefore if he does not wish to break the continuity of his residence he should not be absent from his host coun...
Try it and see - you won't lose anything and it's free to apply for FP. It's hard to predict how UKVI caseworkers will see it as it seems they try to find any excuse to reject an application. You said you have been in UK since December so that is actually 5 months, which UKVI caseworkers might view ...
Applying for EEA Family Permit straight after you get married in Cyprus might I suspect trigger accusations of marriage of convenience as is often the case with Home Office. In that case, to satisfy the HO that it isn't a convenience marriage they generally require proof that you've had a durable re...
Oh I thought it was just your EEA4 that was refused. If you had sent in your application separately to hers then I thought maybe she had not received a reply yet about her EEA3, so it would have been interesting to see if she would get a refusal, but as you've said she has been refused then yes it a...
I can't really advise you on that, it is up to you, whichever you think would be better. I can't see why they would process EEA2 applications any slower than EEA4 applications, plus I've heard they've been speeding up the processing of EEA2 lately. I think you could in theory apply for both EEA2 and...
I would apply for an EEA2 as there is less to prove and more of a chance of getting it. That said, i don't think this means you cannot apply for an EEA4 again at the same time - so why not apply for both at the same time. Has your wife got the result of her EEA3 application yet? Once she has it I be...
Oh I hadn't registered in my mind that you were applying for an EEA4 as in your post here you asked if you could RE-apply for an EEA2. Anyway it doesn't matter. You could re-apply for either EEA4 or EEA2, it is up to you. The advantage of applying for EEA2 is that you don't have to prove 5 years of ...
Was your reconsideration refused then? Sorry to hear that. Caseworker is being unnecessarily harsh, as you sent in more documents to prove the self-employed status of your spouse. I would stick with the appeal (can take a few months) and if you think it would help re-apply (also may take a few month...
Since it looks like your partner has Permanent Residence already based on his past history, he longer needs to exercise Treaty rights anymore (i.e. working, self-employed, etc). It would facilitate things for you if he applied for EEA3, although it isn't absolutely required and you can still get Per...
Rolfus, the Schengen Handbook gives this example on page 86: • A Slovak citizen resides with his Chinese spouse in the United Kingdom. The Chinese spouse holding a residence card, issued by the United Kingdom under Article 10 of the Directive, travels alone to France. As she travels alone, she needs...
As I said, overstaying is not an issue of public policy, public health or public security, so the non-EU family members of EU citizens cannot be excluded from entering the UK. In the Home Office's own words: 8.3 Deportation orders made on other grounds It may be the case that a person was previously...
I'm not sure how long it takes to get your passport back. I do know that the HO gives passports back whilst an 'application' is pending, but I don't know about 'appeals' although I don't see why it should differ for appeals. If you don't hear back about the reconsideration within a few weeks then ye...
You can try requesting your passport back from here: https://eforms.homeoffice.gov.uk/outrea ... ments.ofml. Asking for your passport back will not withdraw your appeal, but make sure you tick the part that says you do not wish to withdraw your application.
You can either appeal or apply again or both at the same time if you want. As long as your EEA spouse is exercising Treaty rights (working, self-employed, etc), they can't kick you out so I wouldn't worry. A Residence Card merely 'confirms' your rights by the way, it doesn't actually give you rights...
I thought so too, Obie. An RC doesn't give you a right of residence in another EU country, it's just a means of visa-free travel in the EU (or it should be).
It is exactly as I said, toofan, but if it helps here's what they wrote: German and Estonian residence cards are now allowed under the Immigration (European Economic Area) Regulations 2006 [as amended] (“the Regulations”), but only where the Regulations specifically state they can be provided. The p...
It's inhumane keeping loved ones apart but unfortunately that is UK policy. However your immigration history will not affect your relocation to Ireland with your British spouse, plus in time you can return to the UK eventually using the Surinder Singh route, thereby bypassing the UK's domestic Immig...
No it won't be a problem. Overstaying is not a matter of public policy, public security or public health - and those are the only reasons you can legally be refused an entry visa as the family member of an EU citizen.
EEA Family Permit will only be granted to you if your British sponsor meets the conditions of Regulation 9 of the Immigration (EEA) Regulations 2006 (UK), regardless of whether you and your British sponsor are visiting or returning to the UK to live. So it will depend on how long your British sponso...
Starting from Page 2 of this guidance: What this guidance does not cover This guidance does not apply to: entry clearance in any category refusal of human rights or asylum applications (including decisions on protection-based claims under article 3 of the European Convention on Human Rights) Europea...
Well I emailed European Casework about family members of Surinder Singhers with German and Estonian RCs and their response to me was that these family members will still have to obtain entry clearance, such as an EEA Family Permit. They said that the parts of the EEA 2006 regs that deal with British...
I wouldn't cancel your appeal until you hear back from your caseworker telling you so. Just because this Home Office guidance to caseworkers (about reconsideration requests) says that it doesn't apply to non-EEA family members doesn't mean that you can't have a reconsideration at the same time as an...
I re-read the Home Office guidance to caseworkers on reconsideration requests, and hidden away is a part that says that the guidance does not apply to EEA citizens and their family members. I cannot think why that would be so. I cannot imagine that the terms for reconsideration of EEA refusals would...
