EEA2 Application with pregnant wife and expiring visa

cy1982 · Post by **cy1982** » Thu Oct 25, 2012 3:06 pm

Hi, I'm a Turkish citizen married to a Polish girl and I'm going to apply for EEA2 RC in a few weeks. I have few questions for you:

1) My wife will go on maternity leave in December. If HO process my application after December, she won't be working. Can they refuse my application because of that?

2) I have a Tier 1 work permit, which will expire on 3rd of November. I will be able to apply for RC on 5th or 6th of November, as I'm renewing my passport at the moment. Would they consider me as an overstayer?

3) We have a marriage certificate from Turkey, which has English and French explanations on each section. Should we get a full English translation too and get it certified by a notary?

Thanks

aledeniz · Post by **aledeniz** » Thu Oct 25, 2012 5:09 pm

cy1982 wrote:3) We have a marriage certificate from Turkey, which has English and French explanations on each section. Should we get a full English translation too and get it certified by a notary?

If 3) is the red booklet, mine has always been accepted as is from the HO/BA/UK consulates. No legalisation, no apostille, no translation.

That said, the HO is not bound by law to accept it as such, as the UK is not part and has never ratified the related CIEC international convention, AFAIK only 4 countries did: Italy and Luxembourg from 1979, Turkey from 1984 and Greece from 1990.

Funny thing is, at least once one office of one such countries (Italy) in one occasion didn't accept the booklet, and sent me to get an Extract from the Marriage registration (in multilingual format, pursuant another convention of the CIEC), but that was probably because I had annoyed her not following some bureaucratic procedure she would have liked me to pursue.

Post by **Jambo** » Thu Oct 25, 2012 5:19 pm

1) No. Also if your wife would still be employed (but on maternity leave) she would be consider a worker. If she quits her job, you might become self-sufficient which would mean both of you need private health insurance if you want the time to be counted for PR in future.

2) If you are married, then you can't become overstayer even if your existing visa expire. This is because rights under EEA regulations are obtained automatically by the activities of the EEA national. Applying for RC is optional.

cy1982 · Post by **cy1982** » Thu Oct 25, 2012 6:38 pm

Thanks for the answers. It looks good then.

snapple.jacks · Post by **snapple.jacks** » Sat Oct 27, 2012 3:13 pm

Jambo wrote:1) No. Also if your wife would still be employed (but on maternity leave) she would be consider a worker. If she quits her job, you might become self-sufficient which would mean both of you need private health insurance if you want the time to be counted for PR in future.

2) If you are married, then you can't become overstayer even if your existing visa expire. This is because rights under EEA regulations are obtained automatically by the activities of the EEA national. Applying for RC is optional.

Could you explain your second answer in more detail please?

Post by **Directive/2004/38/EC** » Mon Oct 29, 2012 11:24 pm

UKBA has confirmed that maternity leave is an extension of employment.

jotter · Post by **jotter** » Mon Oct 29, 2012 11:57 pm

snapple.jacks wrote:
Jambo wrote:1) No. Also if your wife would still be employed (but on maternity leave) she would be consider a worker. If she quits her job, you might become self-sufficient which would mean both of you need private health insurance if you want the time to be counted for PR in future.

2) If you are married, then you can't become overstayer even if your existing visa expire. This is because rights under EEA regulations are obtained automatically by the activities of the EEA national. Applying for RC is optional.

Could you explain your second answer in more detail please?

If I may: EEA nationals have the right to live and work in the UK and this right extends to immediate family members of the EEA national even if they are not EEA nationals themselves, provided that they can prove the relationship - e.g. through a marriage certificate. The non-EEA national is considered to be 'legal' in terms of treaty rights from the time of the marriage to the EEA national. Whether the non-EEA national was on some other visa and whether or not that expired is irrelevant to that fact, and whether the non-EEA national has a residence card or not is also irrelevant to that fact. Of course, most non-EEA nationals planning to stay in the UK longer than a few months do apply for the RC, but this is not because it's legally needed in order to stay in the country, rather it's to avoid grief in proving one's status to various parties (employers, banks, UK border guards, etc).

afizah · Post by **afizah** » Tue Oct 30, 2012 11:13 am

hi

I am a french national.I am thinking to apply residence card for my mother.she has just arrived to uk and she holds EEA family permit. My question is

whether I can apply now or i have to wait for 3 months to apply for RC

I am presently on maternity leave .Can I still sponsor my mother for Rc. I donot have any recent payslips as I am on leave now.

Please guide me

Post by **Jambo** » Tue Oct 30, 2012 11:38 am

afizah wrote:hi

I am a french national.I am thinking to apply residence card for my mother.she has just arrived to uk and she holds EEA family permit. My question is

whether I can apply now or i have to wait for 3 months to apply for RC

I am presently on maternity leave .Can I still sponsor my mother for Rc. I donot have any recent payslips as I am on leave now.

Please guide me

You can apply now. She doesn't need to wait.

Are you still employed (but on maternity leave)? Then you are still considered a worker and should fill in the relevant section. You don't need a payslip. A letter from employer confirming your employment could be submitted as well.

afizah · Post by **afizah** » Tue Nov 06, 2012 3:17 pm

hi
I am thinking to apply residence card for my mother .
can I submit my marriage certificate as proof for relation?
all my certificates are in french and I have only my marriage certificate translated to english.

my marriage certificate clearly lists my parents name.
Will UKBA accept this or i need to submit my birth certificate only.
Please guide me

Post by **Directive/2004/38/EC** » Tue Nov 06, 2012 8:43 pm

afizah wrote:I am thinking to apply residence card for my mother .
can I submit my marriage certificate as proof for relation?
all my certificates are in french and I have only my marriage certificate translated to english.

my marriage certificate clearly lists my parents name.
Will UKBA accept this or i need to submit my birth certificate only.

Please start a new thread!

karina6677 · Post by **karina6677** » Wed Nov 07, 2012 4:20 pm

Hello ,
I am EEA national my boyfriend is Naigerian not merried. He have a Study Visa wich exp. on January . We live together since 1 months and already expecting baby . He works in Roial Mail , I am self employed. Please tell me wich should be the first step to extantion his visa?
Thank you

afizah · Post by **afizah** » Thu Nov 08, 2012 2:55 pm

hi karina
u need to apply for residence card as soon as possible
check out this website http://www.ukba.homeoffice.gov.uk/eucit ... /applying/
u will receive COA (certficate of application) within one month and it will take 6months to recive Residence card
check out the supporting documents for self employed in the application.

all the best

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EEA2 Application with pregnant wife and expiring visa

EEA2 Application with pregnant wife and expiring visa

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