non eu illegal wanted to go with Romanian wife to romania

[musa92100]

Hi, i am wondering to ask a burning question for me, i am right now in uk with my wife who is Romanian, we got married a month ago i have no travel documents such as passport etc but i wanted to go with her for Christmas,Any one can suggest me a cognitive reply plz?

[Directive/2004/38/EC]

How long have you been in a relationship with your wife? Is she working?

What prevents you from getting travel documents?

[musa92100]

It's been around year we are together and 7th of October 2011 we got married in England . Although I have applied for passport but there would not have any visa, because I am over stayed in uk due to my own stupidity. The question arises now if I apply for spouse visa from uk for Romanian consulate without uk valid visa would I get visa or not according to Eu laws coz I am one hand non eu on the other hand no legal status in uk. As far as my wife is concerned she has been working as an au pair but after getting married she is not supposed to be working as an au pair. I would cordially thankful if you could guide me.

[Directive/2004/38/EC]

Are you living with your wife?
Why do you think that your wife can not continue to be an au-pair if she is married?

[PaperPusher]

Au-pairs in the permit free route must be unmarried.

http://www.ukba.homeoffice.gov.uk/sitec ... omania0408

See page 10.

[Directive/2004/38/EC]

Au-pairs in the permit free route must be unmarried.

http://www.ukba.homeoffice.gov.uk/sitec ... omania0408

See page 10.

Interesting interesting interesting!

I assume the EU citizen was unmarried when entering the UK.

The question is whether the UK can require them to remain unmarried. I suspect not, though I am open to being corrected.

COAs (for marriage) were crushed because the violated the right to marry of people living in the UK. I suspect similar legal logic would apply in this case.

[Greenie]

Au-pairs in the permit free route must be unmarried.

http://www.ukba.homeoffice.gov.uk/sitec ... omania0408

See page 10.

Interesting interesting interesting!

I assume the EU citizen was unmarried when entering the UK.

The question is whether the UK can require them to remain unmarried. I suspect not, though I am open to being corrected.

COAs (for marriage) were crushed because the violated the right to marry of people living in the UK. I suspect similar legal logic would apply in this case.

Hmm but playing devils advocate, the requirement that an au pair must be unmarried does not mean that s/he cannot marry, but that s/he doesn't qualify for an accession state worker card if she is married.

[Directive/2004/38/EC]

She already qualified, and has entered the UK legally.

The question is whether she becomes instantly disqualified by then marrying in the UK. I don't think that would be legal, and especially not when it is an EU citizen.

Note the title of the section:

QUALIFYING REQUIREMENTS FOR THE ISSUE OF AN ACCESSION WORKER CARD

Similarly the applicant must be under 27, but I do not think there is a requirement that they remain under 27

[Greenie]

Is the massive font absolutely necessary?

It wasn't clear from the post that the wife had the card already.

[Directive/2004/38/EC]

Is the massive font absolutely necessary?

Not absolutely, but it is a fun trick for putting emphasis on a single place. I have replaced it with something more subtle.

You are right. She is working in the UK as an au pair, but there is not explicit confirmation that she has already registered. On the other hand she apparently does know about the requirements for registration, so I would guess that she is already registered.

[musa92100]

Thanks for making the topic highlighted by different views and points. Now from the beginning when she came in uk she had work accession card issued by home office. Although we are together for a year but after getting married she can't work as an au pair coz this is the condition for an au pair to be single as per home office rules which has been confirmed by me after ringing them personally. Now the situation is quite complex we both wanted to go to Romania for Christmas but I have no legal rights to travel as I have no uk visa. I just need to confirm does is applicable to travel with my wife while just carrying my passport without uk and Romanian visa? Plz guide me over this issue.

[EUsmileWEallsmile]

How long is your spouse working as an au-pair? This may be important.

http://www.ukba.homeoffice.gov.uk/sitec ... iaromania/

If you have no travel documents, I would suggest you obtain some before you decide to make any trips abroad. You may be able to prove your entitlement later on, but what good is that to you if you are refuse entry or denied boarding?

[Directive/2004/38/EC]

Although we are together for a year but after getting married she can't work as an au pair coz this is the condition for an au pair to be single as per home office rules which has been confirmed by me after ringing them personally.

Do not take what they say on their phone lines too literally. They may well be wrong.

I do not see how they can declare that she can not work because she married. I would wager that this is almost certainly illegal!

[EUsmileWEallsmile]

The only restrictions that are applied to Bulgarians and Romanians is that they need permission to work for their first year and in some categories that is watered down. E2 nationals have full rights in other categories; if one were a student, self employed person or self-sufficient person then none of the forgoing would have applied.

Even if the UK manage to persuade the EU to hold onto their restrictions, it will only be for another two years at most.