applying for residence card through EEA route

[Ms_D]

My wife was (still is) on student visa in the UK. We married recently and she still has not changed the visa in her pasport. We married abroad so our families could be present at our wedding. After arriving to the UK, we were not questioned at what so ever. My question is, must she change her visa, and if so, what must we apply for? we thought to apply through EEA route, as I come from EU and she is a non EU citizen. Does anyone know how long it takes to get residence document? Is residence doc what we actually need to apply for? what evidence must we send to support our application? Must we have certain funds in our accounts?
Hope someone can help us. Thank you.

[Jambo]

What do you do in the UK? Do you work, study? Her status would be based on your activities. She is not required to change her visa.

I suggest you start here - EEA FAQs - Common Questions - Read before posting - Residence Card.

[Ms_D]

I work in the UK, she works and studies. The worry we have is that she might be now illegal, as we didnt inform the UKBA of our marriage. Must we inform them as we married abroad? Her current visa expires in the end of 2014, but I think that she should change the visa just in case she wants to change her job etc.

[Ms_D]

Also, I want to mention that we did not have Family permit before coming here, as she already had student visa in her pssport, which is still valid.

[Jambo]

You don't need to inform the HO about your marriage.

If married to the EEA national, rights under EEA regulations are obtained automatically based on the activities of the EEA national. So as long as you exercise your treaty rights (working for example), she is legal in the UK. She doesn't need to apply for a visa and she will still be legal even if her current student visa expire.

It is advisable she apply for a 5 years Residence Card which will confirm her rights. Application is optional and can be made any time using form EEA2. The process time is quite long and it can take upto 6 months. But as i said, even before the RC is issued, she cant become illegal.

[Directive/2004/38/EC]

Note that it only matters what the EU citizen is doing. The non-EU family member can be working, or not as desired.

If you do not get a Residence Card (RC), then I urge you to always travel with your marriage certificate. That guarantees that the family member can enter even if an immigration officer claims they need a visa. See http://eumovement.wordpress.com/2010/08 ... to-travel/

[vinny]

Residence documents for non-EEA family members of EEA nationals