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I am not sure that applies. She is an EEA national, not the family member of one, but is subject to transitional arrangements allied to the admission of her country into the EU/EEA.SYH wrote: It won't look right, you won't have the proper documentation so that after 3 years she can stay without sponsorship.
I had no idea this was so serious....SYH wrote:That's good news for him, then it reduces the prison sentence from 3 to 1 year. IN any case, he still shouldn't be shoveling her off to another location until her situation can be sorted whether its 1 year or 3.
I totally understand this, and why. But we are both honest citizens and quite frankly I am a little offended that people may suggest that there is a 'fraud' issue here. We followed all the correct procedures when we got married, apllied for all the necessary visas when she initially came over last year ( as we needed one then before Bulgaria came into the EU, and INCIDENTALLY wasted £350 doing this as we were told we wouldn't need one after Jan 1st 2007!)SYH wrote:It smacks fraud to be married for 3 months and stop living together.
Whether its fraud or not is another issue.
petkanov...thank you for your advice. I will need to look into what you have told me. Is there anywhere I can get more advice on what we will do if we do decide to seperate? yes, I can see your point, because legally if we are seperated, that will be OK? because like you say, we may in the eyes of the law get back together.....and who knows what the future holds for us and our feelings. these may even change in time...petkanov wrote:As an EEA national she is subject to transitional rules only if she wants to work as an employee. But she can stay as much as she wants as long as she doesn't claim benefits, or if she is self employed. She doensnt need permission from IND for that. So the answer is she can remain in the UK because all the rules for EEA nationals apply except working as an employee. IF she is working for 12 months, she can get a registration certificate, or she can apply for one now while still you are married. Under EU law, it is not a problem to be separated, and only when a divorce is final then the family member looses rights. But if she apply for registration certificate now, while you are still married, it is issued without expiration day and says UNLIMITED ACCESS TO THE LABOR MARKET. SHe can apply on form BR1 it is free and usually is processed within two weeks. SO, fraud wouldn' apply in case you don't divorce, because you might be separated and who knows you might change your mind and get back together. Either way, she canot be removed from the UK.
She recieved the UK RESIDENCE DOCUMENTATION FOR NATIONAL OF AN EEA STATEpetkanov wrote:What document did she received after application? Did you apply after 1st Jan?