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EEA Family Permit - Overstayed in UK in the past

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

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mixme
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Posts: 19
Joined: Thu Mar 25, 2010 11:23 pm

EEA Family Permit - Overstayed in UK in the past

Post by mixme » Thu Mar 25, 2010 11:43 pm

Hello there

I would appreciate if I can get some advice.

I am currently in Portugal married to a Portuguese citizen who works in the UK and I hold a valid Portuguese residence card ( married for 16 months).

A bit of history.

I studied in the UK, but my student visa wasn't renewed because I worked for more than 20 hours

My appeal failed in Nov 2007, and I left the UK Sept 2008. No exit checks, not forms.

I got married to my husband in 2008 and have lived in Portugal since April 2009. My husband and visits a lot and calls a lot (we have all the proof)

In July 2009, I applied for a visiting visa to see my husband as we'd suffered a bereavement but was turned down due to 'insufficient finances' and the fact that I 'may' have breached immigration rules in the past.



My husband is employed, he has been in the UK for over 3 years and recently rented a double room in a shared house to accomodate me.

I now want to apply for an EEA permit (VAF5) and my question is, do I declare on the form that I overstayed 8 months? My passport doesn't show that i overstayed. Can they tell that I overstayed? The form itself doesn't ask for this information but there is a section to declare anything else. Thanks

Any input is most welcome.

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Fri Mar 26, 2010 6:59 am

You have to complete the application form for the EEA Family Permit truthfully and honestly, but based upon what you have posted, there is no reason why the EEA Family Permit will be refused.
John

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