urgent advice needed please.

[ROYCO]

hi everyone,this is such a great forum and i enjoy reading the comments and advice u proffer and i will appreciate if u guys can be of great help to me.i am south african married to a french national since july 9,2012.the wedding took place in south africa and it was a legal wedding and we were both present with family and friends and we have pictures and marriage certificate to prove it.my spouse and i have a child together who was born in england in november last year.my spouse and our child both live in england while i live in south africa. my spouse and i have always visited each oda in south africa and england as i currently have a UK visitors visa expiring in october this year.my question is that is it compulsory i apply for an eea family permit to come live with my spouse in england or can i move to the UK with my visitor visa before it expires and apply for a residence card with the visitors visa from UK?then how many months work must my spouse have done before she can be deemed to be exercising treaty rights in the UK? i will really appreciate your expert advice cos i need to be with my wife and child.thank you

[Jambo]

See Q1 &Q2 in EEA FAQs - Common Questions - Read before posting - EEA Family Permit.

As you already have a visa which would let you board a flight, you don't really need a EEA Family Permit (see non-visa section in Q1). It might take longer at the airport until they check your story but it would be a lot quicker than getting to the BHC and apply for a FP.

There is no minimum period she needs to work before you join her (also work is not a must. There are other ways to exercise treaty rights).

[ROYCO]

Thanx for the prompt reply i really appreciate it. Do i have to tell d immigration officials im coming to c ny wife and child at the airport in Uk?u know they are funny and if i do knowing im on a visit visa,they might not let me go in.can i just say im on a short visit knowing i intend to stay.is it possible to switch from a visit visa to a residence permit cos i was told i cant switch as a visitor in the UK.i dont know how true it is.thirdly,will the fact that myself and my wife have a child togeda born in the UK make my case for a residence card at the home office stronger cos i heard the homeoffice are usually suspicious and act funny to marriages.im afraid of a refusal and possibly a deportation if the application fails.

[Jambo]

1. Never lie on your intentions when talking with an immigration officer.
2. Your rights to enter the UK are stronger if you claim to be a family member of EEA national than if you claim to be a tourist so why would you say you are tourist? Also on a visitor visa you can't work. If you enter as a family member of EEA you can work.
3. You can't switch from visitor visa to a standard UK visa but this doesn't apply for residence under EEA regulations.
4. The vast majority of cases are not deemed as sham marriages and with a child, I don't think you will have any issues. Even if the HO would suspect the relationship, there is a long way until deportation. You can always appeal or reapply.

[ROYCO]

Since im going on a visitor visa,i know i wont have a right to work but u said i should make my intentions known at d immigration.my wife doesnt work yet and wants to work wen i get down so that i can stay with d baby and she can go to work and inturn exercise treaty rights.as of now she isnt execisimg treaty rights as she is taking care of our child.wot will be the likely implication if i tell d immigration officials d truth that im coming to see my wife and child whilst on a visitors visa?and will i ever be entitked to work while my application for residence card is considered by the home office?

[mam2]

@ROYCO,
If you made them aware when applying for the visit visa that you had a child and wife in UK,then there should be no problem disclosing that to the immigration officer. If you didn't disclose that on your application,then you cannot mention that at any point at the airport. They would send you back. It happened to my friend.
You need to be careful what step you want to take or else you might ruin everything. Is that your first visit visa?

[ROYCO]

That is exactly my point as to why i cant tell them my true intentions.i got my first visit visa in 2008 which was for 6 months.now im current on my 2nd 2 year visitor visa which is expiring later dis year.i already had my visitor visa before i met my wife and before we got married and had the child.i dont wanna take d risk and apply for a family permit cos if they refuse me,i will be stuck in southafrica and if its possible to get residence permit on my visit visa i would rather do it than take d risk of apply for a family permit and be refused.my plan is to tell d immigration officers i want to come visit and do shopping without making reference to my wife and child.or will they know i have a child in d UK since my name is on his birth certifcate and also on his child benefit application.please kindly advice me on d best way to go about my situation without any complications

[mam2]

The problem would arise only if they ask you "do you know anyone in England", which they always ask. Otherwise I would say just come as a tourist and apply for residence card when you get here. The easiest way is for your wife to cone to south Africa and travel back with you via eea route. Use your visit visa to board the flight but at the airport, seek to enter as a family member. I don't know if my advise is good enough.

[ROYCO]

If they ask me,i will tell them wot iv always told them which is that im coming on holiday to visit my aunt.wot i dont know is whether they will know i have a child in UK when i get to the airport

[mam2]

They won't know until you tell them or someone else does. Having your name on your child's birth cert and benefit application has nothing to do with home office if you/they have not made any application to the HO in relation to family life or anything of that sort.
Mind you, since your visa would expire in Oct, you need to have good reasons/proof /strong ties that you would return to south Africa. Remember, they see all African countries as high risk countries where visitors don't normally return.

[ROYCO]

You are absolutely correct.so it is very possible to apply for d residence card with my visitor visa?and will my case seem straight forward to them?plus will i be able to work while home office is deciding my resident card application?

[mam2]

Yes,that is fairly straight forward if your wife is exercising treaty rights. Even Better when she is working though that's not the only way to exercise treaty rights.
And yes,you would be allowed to work pending outcome of application.

[ROYCO]

Sorry im bothering u with too many questions cos im very nervous cos i know how home office tries to frustrate people even with a straight case.i want my wife to work cos it seems work is the most stressless way of exercising treaty rights.how many months work must she have done and is it full time or part time plus how will i be able to work whilst my application is at d home office since im applying with a visitir visa and what will i show to employers that im eligible to work and what will i use to get an NI number?

[mam2]

Your wife can work any hours but it should be sustainable. So 16hrs or more would be better. You need x1 payslip at least and better if they are more so better wait for about 2-3months after starting work. It will help you gather good evidence which you would not really have if you rush an application.
When you apply,you would be given a certificate of application(COA) which will allow you to get NI and show to employer as proof you are allowed to live and work in UK.
Your visit visa would still be valid whikes your application is under consideration. Immigration rules visa and eea route residence permit/card don't affect each other. You can have either of them and still apply for the other like in your case.[/code]