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Residence card for non EEA wife

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amro2012
Junior Member
Posts: 51
Joined: Wed Dec 20, 2017 7:27 pm
Mood:
Brazil

Residence card for non EEA wife

Post by amro2012 » Tue Feb 06, 2018 6:32 pm

Hi all,
Please advise

Am submitting application for residence card for my wife and daughter. They are living here with EEA FP We are married since 2008 and have 4 kids

My questions regarding supporting documents, As am dual nationality our marriage has been register only in the non EEA national with my non EEA details.
Will it be accepted?

I don't want risk any refusal?
Please advise

Regards

amro2012
Junior Member
Posts: 51
Joined: Wed Dec 20, 2017 7:27 pm
Mood:
Brazil

Re: Residence card for non EEA wife

Post by amro2012 » Tue Feb 06, 2018 9:05 pm

Please any member in the forum had the same situation can advise..

Can I submit the marriage certificate from the non EEA country or I must register my marriage in EEA country in order to be accepted?

If not possible with the current certificate can I submit application as durable relationship instead ?

All the best

Thanks

Richard W
- thin ice -
Posts: 1949
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: Residence card for non EEA wife

Post by Richard W » Tue Feb 06, 2018 9:28 pm

amro2012 wrote:
Tue Feb 06, 2018 6:32 pm
My questions regarding supporting documents, As am dual nationality our marriage has been register only in the non EEA national with my non EEA details.
Will it be accepted?
What are your nationalities? There is unlikely to be a problem with the validity of your marriage.

amro2012
Junior Member
Posts: 51
Joined: Wed Dec 20, 2017 7:27 pm
Mood:
Brazil

Re: Residence card for non EEA wife

Post by amro2012 » Tue Feb 06, 2018 9:34 pm

Thanks for response

Italian, Egyptian

We have four kids one of them has British passport and two dual only one child has Egyptian nationality

dan1988uk
Member of Standing
Posts: 274
Joined: Tue Jun 27, 2017 2:39 pm
Italy

Re: Residence card for non EEA wife

Post by dan1988uk » Tue Feb 06, 2018 9:49 pm

amro2012 wrote:
Tue Feb 06, 2018 9:34 pm
Thanks for response

Italian, Egyptian

We have four kids one of them has British passport and two dual only one child has Egyptian nationality
If the certificate is not in English it must be translated by a certified translator

amro2012
Junior Member
Posts: 51
Joined: Wed Dec 20, 2017 7:27 pm
Mood:
Brazil

Re: Residence card for non EEA wife

Post by amro2012 » Tue Feb 06, 2018 10:06 pm

Thanks Dan,

We have original copy with certified translation. It's the same one used for family permit application.

Does the home office check the registration with foreign government offices?

Thanks

amro2012
Junior Member
Posts: 51
Joined: Wed Dec 20, 2017 7:27 pm
Mood:
Brazil

Re: Residence card for non EEA wife

Post by amro2012 » Tue Feb 06, 2018 10:55 pm

Any comments from admin or moderator please

Richard W
- thin ice -
Posts: 1949
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: Residence card for non EEA wife

Post by Richard W » Wed Feb 07, 2018 3:46 am

amro2012 wrote:
Tue Feb 06, 2018 10:06 pm
Does the home office check the registration with foreign government offices?
I don't recall any reports of such checks. The nearest I've heard of is consideration of whether EEA national's home law recognises proxy marriages. Do you have any evidence that Italy does not recognise your marriage?

amro2012
Junior Member
Posts: 51
Joined: Wed Dec 20, 2017 7:27 pm
Mood:
Brazil

Re: Residence card for non EEA wife

Post by amro2012 » Wed Feb 07, 2018 6:41 am

Thanks Richard

My marriage is valid there is nothing to make it not acceptable in Italy .two of my kids have Italian passport with my wife name on it.

Is it Ok?

Richard W
- thin ice -
Posts: 1949
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: Residence card for non EEA wife

Post by Richard W » Wed Feb 07, 2018 7:19 pm

amro2012 wrote:
Wed Feb 07, 2018 6:41 am
My marriage is valid there is nothing to make it not acceptable in Italy .two of my kids have Italian passport with my wife name on it.

Is it Ok?
There's no problem for your children. However, their being accepted as Italian merely means that you are recognised as their father; it does not mean that your wife is acknowledged as your wife.

The best information I could find on Italian law was at https://uk.practicallaw.thomsonreuters. ... rue&bhcp=1. The key point from it is that it states that under Article 28, Law 218/1995, an marriage contracted in another country will normally be accepted as valid. There does not appear to be any requirement to register it; indeed, I am not sure that registering does anything but record that it is reported to have happened.

My advice, for what it is worth, is not to worry. Go ahead with the applications. If you can indicate that they were granted family permits on the basis of your marriage, so much the better. The courts disapprove of re-examining matters that should already have been examined when there is no reason to believe that the original decision was wrong.

amro2012
Junior Member
Posts: 51
Joined: Wed Dec 20, 2017 7:27 pm
Mood:
Brazil

Re: Residence card for non EEA wife

Post by amro2012 » Wed Feb 07, 2018 8:04 pm

Thanks again Richard,

Yes my wife have been issued twice EEA family permit.

I was going to apply for my wife on basis of primary carer of British child however I was advised on the forum that it's not possible .

Ok I will proceed with the application, can I do the application online .it will be only for my wife and daughter as I have my PR. Is it Ok?

Thanks

Richard W
- thin ice -
Posts: 1949
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: Residence card for non EEA wife

Post by Richard W » Wed Feb 07, 2018 9:15 pm

amro2012 wrote:
Wed Feb 07, 2018 8:04 pm
it will be only for my wife and daughter as I have my PR. Is it Ok?
In principle, yes. I am not sure of the mechanics of applying for their PRCs on line at the same time.

amro2012
Junior Member
Posts: 51
Joined: Wed Dec 20, 2017 7:27 pm
Mood:
Brazil

Re: Residence card for non EEA wife

Post by amro2012 » Wed Feb 07, 2018 9:38 pm

I mean can i submit residence card application online or it must be paper form application.?

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