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Yes, she can.Pasha wrote:I am an Irish Citizen working and living in the UK. I would be grateful for some advise..My wife, a non-EEA national has entered the UK on a one months visitors visa. Can she apply for her residence card based on the fact that at the time of her EEA2 application, she was/is in the UK in some other capacity?
Probably frowned upon, because she is using the visitors visa to settle, which is not what it is meant for. As to penalised, that is hard to say. The Home Office may do some extra checks.If so, would her application be frowned upon or penalised in anyway as she did not apply for a EEA FP?
It is not necessary, but if she stays, she should make sure that she sends the application before the visitor visa expires, and that she does not travel abroad until the Residence Card is granted. Neither is legally necessary, but there is the danger that she might be wrongly classified as over-stayer otherwise.Or would it be an idea to travel out of the UK to submit an application for the EEA FP (which is prooving difficult due to work and financial commitments) before her one month expires?
Yes, she can start working right now. The letter from the Home Office is only a confirmation of a right she already has, so you do not need to wait for the letter.Pasha wrote:We have had some good news, my wife has today got an offer of employment My wife explained that she is the spouse of an EU Citizen and that we have submitted for our residence cards last week. They would like to know if she would be able to take up the post in two weeks time. This is about the same time the BIA would take to acknowledege our applications.