I was looking for some advice on this. I am an Irish national working in the UK as a teacher. My wife is a Canadian citizen and we got married in Edinburgh in January 2012. My wife entered the UK on a 2 Year Tier 5 Youth Mobility Visa on August 27th 2010 so it expires today (August 27th 2012).
However, before we got married in January this year we phoned the UKBA and they stated that once we were married that my wife's status as a Tier 5 visa holder would be superseded by her status as the non-EU spouse of an EU citizen (me) exercising my treaty rights in the UK from the moment of our marriage, leaving us free to apply for using the EEA2 route.
We did so earlier this month but it was sent back to us last week as they want a few extra pieces of evidence to cofirm my employment. However, we won't have these until the end of the week but my wife's Tier 5 "expired" today. However, the UKBA won't be aware of my wife's status as the non-EU spouse of an EU citizen until we reapply for the EEA2 later this week. Therefore, are they going to assume that she has overstayed the Tier 5 visa and can we expect the UKBA to break down the door and try to deport her even though she has been here legally as my wife since January 2012 and not on a Tier 5.
Any advice?
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