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PLEASE I NEED CLARIFICATION

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Capela
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Posts: 11
Joined: Mon Jan 31, 2011 6:10 pm
Location: London
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PLEASE I NEED CLARIFICATION

Post by Capela » Sun Mar 06, 2011 9:18 pm

Hi Guys,
I finally got my 5yrs RC as an extended family member of an EEA national.
Now that i am qualified as family member of an EEA national, my big questions are as follows:
What can my wife who is currently on student visa apply for??? What would be the immigration status of my two kids born here (UK) and lastly, can i travel to other europeans countries without visa and alone.

I look forward for your response and thanks in advance.

sjimoh112
Junior Member
Posts: 83
Joined: Tue Jan 18, 2011 1:12 am

Post by sjimoh112 » Mon Mar 21, 2011 12:04 am

If you're an extended family of an EEA member, in that case I believe you're dependant on your EEA family. If that is the case your wife will also be a dependant of your EEA family member. I'm not very sure what you can do in this case for your wife. Perhap others members here can help.

As for your kids, they will automatically be British.

Lastly, you can't travel to another European state without a visa. You'll require a visa or a European passport to do that which you could get after at least 1 year on permament residence.

You can apply for permanent residence just before or after the 5 years rc expires. After additional year you should be eligible to apply for British citizenship which you can therefore use to travel within Europe without a visa. In the mean time you can get a visa and travel alone if you wish.
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mcovet
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Posts: 494
Joined: Thu Mar 25, 2010 2:00 pm

Re: PLEASE I NEED CLARIFICATION

Post by mcovet » Mon Mar 21, 2011 12:18 am

1)Can you pls state which family member you are relying on?;
2) Your kids won't have British nationality unless and until either parent is settled in the UK (ILR or PR or British, of course);
3) If your wife has not also obtained a RC as an extended family member, it's tricky as there is no such relationship as a dependent wife of a dependent extended family member, if that makes sense!

She, in my personal opinion, would have to qualify in her own right and under her student visa. The only way I see it is if you get PR in 5 years' time, she could then try the settlement route, but it's too far ahead.
4) You cannot travel without a valid Schengen visa alone in Europe.

As with the children, I presume they would qualify as your dependants... it's so intricate that I doubt you will get a straightforward answer. You would need a good lawyer and contact the UKBA with the same questions, ask for a Senior Caseworker to look into this.

Why did you not put your wife and two kids on your EEA2 form as non-eea dependants when applying yourself?
Capela wrote:Hi Guys,
I finally got my 5yrs RC as an extended family member of an EEA national.
Now that i am qualified as family member of an EEA national, my big questions are as follows:
What can my wife who is currently on student visa apply for??? What would be the immigration status of my two kids born here (UK) and lastly, can i travel to other europeans countries without visa and alone.

I look forward for your response and thanks in advance.

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