EEA2 Question, very tricky...

[irmaosver]

Dear friends,

I've asked for help before and I was glad someone showed me the way so I could apply for the right form, now the time has come again and I'm confused with all these regulations, here's what is going on:

I'm married to a polish national, last year I applied for the FMRS as she had not yet applied for the worker registration scheme, it was on March that she received her worker registration card, right after that I send my application for the FMRS, however, they issued me a visa which will expire on March 2011, which will be on the same date of my wife's required 12 months employment for the worker registration scheme is due to finish.

So the question here is simple, I will have to send my application before my visa expires, therefore her 12 month "probation" will not be completed, am I still entitled to apply for the EEA 2 ?

I am looking forward your response,

Sincerely,
Rafael.

[86ti]

No, you don't have to send anything right now and you are certainly entitled to apply for a residence card (beginning from May this year you shouldn't even have to show the WRS anymore as the transitional provisions for A8 nationals will become obsolete).

You can try to send it now but it is possible that the UKBA will send it back immediatly because of the not yet complete 12 months. If they'll accept it on the other hand you may be fine because of the slow processing times (expect something like 3-4 months or maybe more).

[irmaosver]

Thank you so much for your quick reply, really appreciate it.

But what about my visa? It will expire on March, if I wait until May to apply can't they say I was staying unlawfully?

Rafael.

[Stefan-TR]

But what about my visa? It will expire on March, if I wait until May to apply can't they say I was staying unlawfully?

The vignettes in the EEA system (Residence Cards, Registration certificates, FMRS and so on) only confirm a right that already exists automatically by law. So if your sticker expires or not doesn't have anything to do with your legality in this country.

You can both be legal without a sticker (e.g. if you don't bother to apply for one) or illegal even though you have a valid sticker (e.g. if your spouse quits her job and leaves the country).

[86ti]

By 'visa' I suppose you mean the FMRS. As long as your spouse exercises treaty rights (by way of working in your case) you will still be lawful in the UK. The FMRS may expire but not your rights!

[irmaosver]

Thank you all for the swift responses, that certainly clarified my doubts!

Rafael.