non-EEA family member, error in stamp, unemployed

[AliceIW]

Hello,

I have been looking for a thread in this forum giving advice on a similar situation to mine, but did not find anything quite the same.

I am currently a non-EEA family member of an EEA national. We got married in the UK in April 2006 and from about May 2006 I have been issued a stamp in my passport allowing me to remain in the UK as a family member of an EEA national. The HO made an error and instead of writing down the specific date in that stamp (presumably 5 years from the date of issue) they put “indefinitelyâ€

[Directive/2004/38/EC]

Has your EU citizen spouse been working the whole time you have been in the UK?

It is less about what you have been doing, and more about what they have been doing.

If in the future you divorce, then slightly different rules apply.

Note that in apply for certification of your PR, you will usually still be requested to submit proof that your EU spouse has been working (or a student or self sufficient). So pay slips, or tax returns. Also you will likely need to submit a photocopy of the passport information page. They will likely ask for these whether you are together or apart.

Exactly what is the stamp in your passport which says indefinite? What are the words on it, especially related to EU or EEA?

[AliceIW]

Thank you very much for your very prompt reply!

Yes, my husband has been continuously working full-time for the 9 years he has resided in the UK and we keep all his P60 and payslips.

My stamp says, "A right of residence in the United Kingdom as the family member of an EEA national (my husband's name) who is resident in the United Kingdom in the exercise of a Treaty is hereby given until indefinitely."

Thank you very much for your help!

[Directive/2004/38/EC]

Your EU husband has had PR for a while, and you have been married for a while.

Even if you finalized your complete divorce tomorrow, you should still be able to easily get your PR confirmation next year. Copies of the documents are all you need.

In all likelihood you will still be married next year, and hopefully doing better, and your PR confirmation will be similarly easy.


Is the thing in your passport a sticky piece of paper, or is it the image left from a rubber stamp? You should also see http://www.immigrationboards.com/viewto ... lr+mistake The discussion is for an ILR stamp in the passport. I seem to remember, but it does not seem to be on that thread, that the rules suggest that the person has ILR if they have the stamp, even if it was put there by mistake.

[AliceIW]

Many thanks for your very kind reply! Yes, it is a stamp, so I guess I will need to have it changed.

If I understand you correctly whether or not I have been in full-time employment during our marriage is not relevant?

[Directive/2004/38/EC]

Many thanks for your very kind reply! Yes, it is a stamp, so I guess I will need to have it changed.

I do not think there is any reason to get it changed. As far as I know, it simply does not matter.

If I understand you correctly whether or not I have been in full-time employment during our marriage is not relevant?

What is key is that the EU citizen is in the UK in accordance with Eu law. So is working, or has PR, or is a student. From that the non-EU family member gets their status. After a divorce, it may (in some situations) be important for you to be working, but not if you have PR.

Irrespective of the EU law stuff, I hope you can both work things out in a way that makes sense for each of you.

[AliceIW]

I can't thank you enough for your help! Much appreciated. Best wishes.

[Directive/2004/38/EC]

Alice,

Be sure to read through the documents at http://eumovement.wordpress.com/directive-200438ec/

Especially (2010) Freedom to move and live in Europe – A Guide to your rights as an EU citizen and the other documents around that

You can also submit your question to http://ec.europa.eu/citizensrights/

[AliceIW]

Great and very informative blog. Thank you for the link!