Big Problem -please help!!1

[debtblue]

Thanks for talking to me yesterday. I m writing this email to enquire if you can help us:

I m an Indian national who is on work permit till 2009. This year I got married to a Polish girl in Poland under polish laws. In brief:
1. My wife has dual nationality polish and German.
2. My wife has residence card in the UK.
3. We both live and work in UK.
4. She came to UK as a German citizen not a polish so she did not need to complete workers registration scheme.
5. We have a polish marriage certificate, which is translated in English.

Now the question is how can I become a residence and be free of my work permit restrictions. Should I complete EEA2 form as a NON EEA family member of German national. Or should I fill FMRS form as NON EEA family member of Polish national.

Summary: I married a Polish girl with German nationality in Poland under polish law who came to UK with German passport. (she has acquired her residence card with German passport)

Now what can I do to be free from work permit restrictions??

[John]

I m an Indian national who is on work permit till 2009.

When did your time in the UK on a WP actually start? In particular, are you reaching the 5-year mark in 2009? I ask because do appreciate that moving to the EU track will re-start your 5-year clock towards getting PR.

Anyway, to answer your question, she is German and accordingly you should use form EEA2, if indeed you want to move to the EU track.

I think the fact that the marriage was in Poland is irrelevant. It was no doubt a legally valid marriage (I am assuming) and accordingly the UK treats it as a valid marriage under the terms of its Foreign Marriages Act 1892.

Or put it another way the situation would be the same if the marriage had been in Germany, Poland, Thailand, India or wherever.

[debtblue]

Thanks John, i see your point. I got my work permit in may 2005. So i 2 years in my permit and 2 years to go. But i dont want a case where by i lose my job as company is having losses and i have nothing to fall back on. If my job is still there then i might get an extension!

Atleast EEA route will not restrict me and I will be able to find any job I want.

Please advise.

[John]

debtblue, I totally follow that argument and accordingly think it would be right for you to proceed to lodge an EEA2 application as soon as possible.