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EU wife

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danuk
Newly Registered
Posts: 2
Joined: Mon Jun 28, 2004 10:18 am

EU wife

Post by danuk » Mon Jun 28, 2004 11:10 am

Hello
I found your forum the most informing, and I hope to get some answers.
Briefly:
I just got married 2 weeks ago. My wife is EU national (Greek).
I have been in the UK since 1996 as an asylum-seeker (from Yugoslavia-Serbia). My application has been refused in 2001, and I went for 2 appeals - the last one refused in September 2003. I haven't heard from the Home Office since then.
I've been employed since 1998 (concession for asylum seekers).
At the moment I work as an assistant manager in a hotel.
My wife has been on and off in the UK for the last 13 years. She has been working last 5 years as a teacher here.
Questions:
I understand that applying for form EEC1 woll be fairly straightforward.
Now, if she decide to apply for EEC2 as well (indefinite leave to remain), what would be my position? Also, can she apply for EEC2 in about 1 year, and now for EEC1 , would I have more chances to be accepted.

Kind regards
Dan

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Tue Jun 29, 2004 7:52 am

Dan,

The spouse of an EU national who is exercising treaty rights in the UK i.e. employment or self employment is also entitled to remain in the UK even if they themselves are not EU nationals such as your case. The EU national should apply on Form EEC1 for an EU residence permit and include you in it as a dependent. A residence permit is often issued with 5 years validity.

Likewise an EU national who has been exercising said treaty rights for 4 years is entitled to have their residence permit endorsed with Indefinite Leave To Remain by applying on Form EEC2. Any dependents can be inlcuded in the application and will also get ILR irrespective of their length of stay in the UK although they would have to be physically present in the UK.

Your wife can apply for an EU residence permit retrospectively and for ILR at the same time i.e. simultaneous submission of form EEC1 and EEC2. She has to show evidence of economic activity in the last 4 years by way of payslips, P60 Income Tax and NI contributions certificates, Income Tax returns and/or letters from her employer. You would also have to submit a marriage certificate, your passport/ travel document, her passport/ national identity card and proof of funds/ accomodation.

EU law excludes as a dependent a spouse where the marriage is entered into as a 'convenience' to circumvent national immigration laws. Usually the burden of proof is with the Home Office so they rarely bother in EU applications and will grant the relevant residence permits/ ILR without further enquiries. However IMHO given your immigration history and that the marriage is very recent expect your application to be investiagted into in some detail potentially including a home visit and interviews by the Immigration Service. The Home Office must make a decision on your case within 6 months. I would use a lawyer or immigration consultant experienced in EU immigration law (so he/she can quote case law as applicable) for this one. Make sure anyone offering you immigration advice/ service is registered with the Office of the Immigration Services Commissioner or is otherwise exempt.

Good Luck

danuk
Newly Registered
Posts: 2
Joined: Mon Jun 28, 2004 10:18 am

Post by danuk » Tue Jun 29, 2004 9:51 am

Many thanks for your reply. Since we are newly wed, do you think it will be better to apply now for Residence Permit, and maybe in 1 year time for indefinite leave. Does this sound OK to you?
Regards
Dan

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Tue Jun 29, 2004 3:30 pm

IMHO due to your immigration history the Home Office will investigate either a 'sole' application for an EU residence permit i.e. form EEC 1 or a 'dual' EEC1/EEC2 application to pretty much the same extent.

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