Obie wrote:There is no specified time limit set. Although the UK insist the extended family member should have lived with the Union Citizen for about six months in the member state from which the are arriving, in order for the non-EEA national to qualify.
I shall forward the guidance if i find it. The directive does not mention anytime limit, neither does the incomplete directive.
Obie I've tried to exhaust the directive, as well as CW guide line and I've never come across the six months regulation. Unless there is other CW guide lines other than the usual UKBA ones we are used to.
Besides, I'll appreciate if you can forward them to me.
To me this is just similar to the dilemma of having leaved in another EEA member state legally. I wonder, if the later ( leaving leaved legally in another member state) is no longer an issue why should then time limit for leaving in another member state be an issue????
Same happens to method of entry. Once a member on board here was trying to convince members that for one to qualify under OFMs, they must have entered with a family permit. Hence we have seen that AIT & the secretary of state conceived that if Family members under article 2 (2) are not obliged to have leaved legally in another member state before, then it does apply to those in article 3.(2) as well.
It is written no where under the CW guidance, that OFMs should hold a family permit in order to qualify. However, CW are rather reminded to examine that the applicant is not an illegal entrant.
They go ahead and say that if someone applies after he or she has overstayed the visa, that shall be taken into account as well.
Relax! and this too shall pass, secrets are like seasons, they change.