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Withdrawing EEA(FM) and Overstaying

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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manicminer
Newbie
Posts: 44
Joined: Tue Dec 29, 2015 6:02 pm
United Kingdom

Withdrawing EEA(FM) and Overstaying

Post by manicminer » Thu May 18, 2017 4:09 pm

My wife has just withdrawn her EEA(FM) application. We are leaving the UK to go back to Asia around mid-June.
I am a British citizen, and she is Asian. I was previously exercising Treaty rights in Portugal.

Her passport has been retained by the home office and will be returned through the voluntary departure service at the airport.

Will she be on overstay and subject to a re-entry ban or does this not apply to family members of EU nationals in our situation?

Thanks.

vinny
Moderator
Posts: 32938
Joined: Tue Sep 25, 2007 8:58 pm

Re: Withdrawing EEA(FM) and Overstaying

Post by vinny » Thu May 18, 2017 10:39 pm

Any re-entry ban based on overstaying would depend on the type of application that your wife makes. For example, it would apply to applications as a visitor but not to applications as a spouse of a British citizen nor to applications under the EEA Regulations.
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