Immigration Advice

cutepearl · Post by **cutepearl** » Mon Jan 21, 2008 7:46 pm

I am a Non EU national. I am going to marry a swedish girl on 9th feb 08 and my student visa expires on 28th feb 08. i have been in UK for 3.5 years.my last extension was given from 10th september 07 to 28th february 08 less than six months. got the COA from Home office.

Which category of visa shall i apply for. and what rights have i got.
What is the fee of the visa Please any help if anyone knows any immigrition advisors would be appreciated.

Thanks

vinny · Post by **vinny** » Mon Jan 21, 2008 11:42 pm

After marriage, if your wife is a qualified person, then you may apply for a residence card on form EEA2. The application is free. See also Rights and responsibilities.

Alternatively, if your wife has a Permanent right of residence, then you would also have a choice of applying for FLR(M) (not free) under the UK immigration rules (285).

cutepearl · Post by **cutepearl** » Tue Jan 22, 2008 4:49 pm

what do you mean if she is qualified. she is from sweden and working full time in uk for more than a year... i didnt get that if u can please explain..
thanks

vinny · Post by **vinny** » Tue Jan 22, 2008 8:29 pm

[quote="Annex 21.2 "Qualified Person checklist""]Provided his/her stay in the UK does not exceed three months, an EEA national is not required to exercise a Treaty right (for example by working). An EEA national who will be in the UK for more than three months will have a right of residence for as long as he/she remains a qualified person (see Regulation 6 of the Regulations) i.e. exercising a Treaty Right in the UK.

Under the Regulations, "qualified person" means a person who is an EEA national and in the UK as any of the following:

......

21.2.2 Worker
Does the applicant have evidence that the EEA national is or will be working in the UK (for example a copy of contract, pay slips etc)?[/quote]

As a worker, she is a qualified person, i.e. exercising a Treaty Right in the UK.

cutepearl · Post by **cutepearl** » Tue Jan 22, 2008 9:05 pm

Ok thanks .. So which category can i apply in then. The EEA2 form or FLR (M). And is there any good immigrition advisor that i can contact in london so that they can process my application through. and whats the normal cost of processing this kind of applications. or is it better that i should apply myself.

Thanks

vinny · Post by **vinny** » Tue Jan 22, 2008 10:03 pm

If your wife is not a permanent resident, i.e. haven't been a "qualified person" in the UK for at least 5 years, then you may only apply under European Law; FLR(M) would not be an option.

John · Post by **John** » Tue Jan 22, 2008 10:42 pm

cutepearl, how long has your fiancÃ©e been exercising EU Treaty Rights in the UK? Until we know that we don't know what options you have.

cutepearl · Post by **cutepearl** » Wed Jan 23, 2008 3:28 pm

thanks... My fiancee is from sweden and she has been working for more than a year..
Thanks

any more info required please let me know ..

John · Post by **John** » Wed Jan 23, 2008 4:33 pm

My fiancee is from sweden and she has been working for more than a year..

I therefore presume that whilst she has been here more than one year, she has not yet been here 5 years. Is that correct? If not, ignore what follows.

You have no choice which form to complete. It is the EEA2. And you ask if you need professional help in completing that. I say no, and I say that because you need to appreciate that the Residence Card you will receive will be merely confirmatory. That is, it will not actually give you any more rights, but merely confirm that you have those rights. But even that is useful for a non-EEA person.

At the instant the marriage happens you will be a family member of an EU Citizen, and thus acquire EU Treaty Rights. So the Residence Card you will receive after the EEA2 is filed will merely confirm you have those rights.

cutepearl · Post by **cutepearl** » Thu Feb 28, 2008 6:34 pm

John wrote:sorry about the delay. she hasnt been here for more than five years. she has been here for about three years and been working legally continuously for more than a year. I have already applied on EEA2 form is that correct ? Please reply. and how long does the application takes if you got any idea. Any interview calling from homeoffice for confirmations ?
thanks alot for your help.
My fiancee is from sweden and she has been working for more than a year..
I therefore presume that whilst she has been here more than one year, she has not yet been here 5 years. Is that correct? If not, ignore what follows.

You have no choice which form to complete. It is the EEA2. And you ask if you need professional help in completing that. I say no, and I say that because you need to appreciate that the Residence Card you will receive will be merely confirmatory. That is, it will not actually give you any more rights, but merely confirm that you have those rights. But even that is useful for a non-EEA person.

At the instant the marriage happens you will be a family member of an EU Citizen, and thus acquire EU Treaty Rights. So the Residence Card you will receive after the EEA2 is filed will merely confirm you have those rights.

cutepearl · Post by **cutepearl** » Thu Feb 28, 2008 6:36 pm

cutepearl wrote:
John wrote:quote]My fiancee is from sweden and she has been working for more than a year..
I therefore presume that whilst she has been here more than one year, she has not yet been here 5 years. Is that correct? If not, ignore what follows.

You have no choice which form to complete. It is the EEA2. And you ask if you need professional help in completing that. I say no, and I say that because you need to appreciate that the Residence Card you will receive will be merely confirmatory. That is, it will not actually give you any more rights, but merely confirm that you have those rights. But even that is useful for a non-EEA person.

At the instant the marriage happens you will be a family member of an EU Citizen, and thus acquire EU Treaty Rights. So the Residence Card you will receive after the EEA2 is filed will merely confirm you have those rights.

sorry about the delay. she hasnt been here for more than five years. she has been here for about three years and been working legally continuously for more than a year. I have already applied on EEA2 form is that correct ? Please reply. and how long does the application takes if you got any idea. Any interview calling from homeoffice for confirmations ?
thanks alot for your help.[[/quote]

sakura · Post by **sakura** » Thu Feb 28, 2008 6:44 pm

That is the correct form. The Home Office must complete the application within 6 months, I believe. They don't normally call for interviews, but might write to you asking for more information (payslips, etc).

cutepearl · Post by **cutepearl** » Thu Feb 28, 2008 6:52 pm

Actually they ask for the most recent payslip. i have sent them the most recent three payslips and have all the payslips for the last 9 months i guess. marriage certificate. bank statements . Got alot of proof of addresses as well under our names. I havent sent the application through a solicitor though. i have sent it myself becasue it is genuine and i thought that was the right way to do it..

Immigrationboards.com: Immigration, work visa and work permit discussion board

Immigration Advice

Immigration Advice

Immigration Advice