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Non-EEA national(student) marrying a polish girl

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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journey
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Post by journey » Wed Nov 10, 2004 4:26 pm

Once u get married to ur Polish girlfriend, your status will be changed and you will have to inform this to the HO.

Pl make sure your wife must have following:
1. Full time job
2. Earning enough to support herself & u
3. Not claiming any benefits
4. Accomodation

Wish u all the best.......

John
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EEA Family Permit

Post by John » Sun Nov 14, 2004 10:28 am

Hi, once the two of you are married you will be entitled to apply for an EEA Family Permit. That will give you the full ability to exercise Community Rights in the UK.

That is, a Polish Citizen has full ability to live and work in the UK (subject only to the need to register, given that she is a citizen of one of the EU countries that joined on 01.05.04). Once you are married to her you will have the same rights, and need an EEA Family Permit in your passport to prove that.

So it is not a question of moving from student visa to work permit. As a Family Member of an EEA Citizen you will be able to work without needing a Work Permit. Your EEA Family Permit will prove your ability to work.

kavanspace
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Post by kavanspace » Tue Dec 07, 2004 6:36 pm

Thanks for the reply.


I have questions:-

1. is it necessary for her to stay for 1 year before I apply for R.Stamp.
2. My college ran out of business after 3 months i came to U.K and i lost my £6k fees. The college matter is investigated by investigators. I have not joined any college since then as I dont have enough money to join college again. I was studying online and working part-time 20 hrs/week.

3. How long will it take to get R.Stamp and how long is its validy. Any complexity in my case.

Once again thanx for reply.


Awaitng for your reply.

Regards,
Kavan.

Kayalami
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Post by Kayalami » Tue Dec 07, 2004 6:58 pm

kavan,

The forum appreciates your concern but it would be helpful if you read posts of others in a similar situation and refrain from multiple postings on the same subject.

1. Your g/f is an EEA national but as she is from an ascension country does not yet have full treaty rights which relate to the matter of Indefinite Leave To Remain in the UK. She must enrol/register on the Ascension Workers Scheme to commence employment in the UK. The WRS is for 12 months after which a residence permit on full treaty rights grounds can be issued for 5 years.

2. Once married (either in Yr 1 of the WRS or any time on the full treaty permit) she can apply for you to be registered by the Home Office as a dependent - you will need to submit a marriage certificate and evidence of her economic activity. The Home Office if satisfied as to the genuinesss of your relationship will endorse your passport with a residence permit. Do some leg work on the net by typing IND in google and then going through the application procedure/ forms.

3. It is advisable to make the said application during the validity of your student visa - the Home Office will deal with this on a discretionary basis given the college going bust and as such not being your fault.

4. The validity of the dependent visa is based on the remaining validity of her residence document i.e up to 1 yr initially then 5 yrs if renewed.

5. Your then wife can apply for ILR with you as a dependent after 4 yrs of exercising full treaty rights (employment or self employment) in the UK.

Good luck

kavanspace
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Post by kavanspace » Thu Dec 09, 2004 4:45 pm

Hi Kayalami,

Thank you very much for a very good reply and extremely sorry :oops: for diffrent post of same question. I did search the similar cases and asked only the diffrence question.

One last question.... :?:


My gf is already registered with WRS. She is completing 12 months in August 2005 and will apply for ILR at that time. My visa is expiring in May 2005. Can I apply with EEC3 before my gf completes 12 years in WRS or I have to wait till August as my visa expires in May. We are getting married in January :D .


Once again very very thanx for a perfect reply.

Kind Regards,
Kavan.

Kayalami
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Post by Kayalami » Thu Dec 09, 2004 5:58 pm

kavanspace wrote:My gf is already registered with WRS. She is completing 12 months in August 2005 and will apply for ILR at that time. My visa is expiring in May 2005. Can I apply with EEC3 before my gf completes 12 years in WRS or I have to wait till August as my visa expires in May. We are getting married in January .
First of all I think you mean 12 mths not yrs :) - second of all is that your g/f cannot apply for ILR until she has completed four years on full treaty rights...such begins on completion of her 12 mths WRS i.e. 4 yrs from Aug 2005 = Aug 2009. If you read my initial post you note that I state you can apply for a dependent of an EEA national residence permit at any time after your marriage preferably during the validity of your student visa. I hope that helps.

kavanspace
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Post by kavanspace » Thu Dec 09, 2004 6:25 pm

Bingo... :D :)

Thanks Kayalami, Thanks a lot. :lol:
Thanks for the detail perfect reply. :lol:



Kind Regards, :lol:
Kavan :lol:

Kayalami
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Post by Kayalami » Thu Dec 09, 2004 6:26 pm

Glad to be of help - just send the mods some cake via workpermits.com when the time comes :lol: - best wishes for the future.

kavanspace
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Post by kavanspace » Wed Feb 23, 2005 1:33 pm

Hi all,

I have applied for IND according to EEC3 form since 1 month. I have not received any acknowledgement of my application. I called up to HO to ask about my status and they say that it is awaiting consideration. Can anybody please explain me what exactly they mean by awaiting consideration? How long does it take to get the Family Permit.?

Some people say six months which I am scared about.???

Thanks in advance.

Kind Regards,
Kavan Bhatt

John
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Post by John » Wed Feb 23, 2005 1:52 pm

Kavan, the IND website says :-
Where there is a need for further documents, information or enquiries, you will be informed by letter. Cases of this sort are currently taking up to 6 months to decide.
But assuming that all relevant documentation was enclosed with the application you should hear far sooner than six months.

But they are busy, so relax, there is no reason to worry about the delay.
John

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Post by Cosmopol » Wed Feb 23, 2005 1:55 pm

Don't worry, since you filed the app before your visa expired, no matter how long they take to consider, your stay in the UK is legal. Another mater, of course, is the uncertainty and your ability to exercise new rights, but - you'll just have to wait and hope for the best.

kavanspace
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tIME TAKEN TO PROCESSS....EEC3 APPL.

Post by kavanspace » Wed Mar 16, 2005 12:52 am

Hi John and all members,

It will be two months :evil: on 22nd March since i submitted my application under eec3 form. I called up after one month they say its awaiting consideration. I have not received any HO reference no or any letter. I only have postal ref. no.

In the applicaton i have submitted both my and my wife pass,marriage certificate,application form, pics etc. Now I am bit worried :( abt my application as at what stage it is,how long it will take to process it. We need our pass & certificate, in many places like bank,CRB check, DL application, etc. We cancelled easter holidays. They didn't contact us even for anything they need more in application.

Can I call and ask them everymonth my application status??? :?: :?

:cry: :cry:

:cry:

Kayalami
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Post by Kayalami » Wed Mar 16, 2005 6:32 am

kavanspace wrote:It will be two months on 22nd March since i submitted my application under eec3 form. I called up after one month they say its awaiting consideration. I have not received any HO reference no or any letter. I only have postal ref. no.
Unusual not to have received an aknowledgement slip within 6 weeks of submission if you filled this out on the form but I wouldn't panic as yet. Processing times range from 2-6 mths for EU applications but the Home Office as per a ruling from the European Court of Justice is not tied to these standards. I recall there were matters pertaining to your college which might be considered as an overall review of your visa status i.e. your application may not be relatively straightforward.
kavanspace wrote:In the applicaton i have submitted both my and my wife pass,marriage certificate,application form, pics etc. Now I am bit worried abt my application as at what stage it is,how long it will take to process it. We need our pass & certificate, in many places like bank,CRB check, DL application, etc. We cancelled easter holidays. They didn't contact us even for anything they need more in application.
You can write to the Home Office and request for these documents to be temporarily returned to you for banking/ DL etc purposes. A request for for the return of docs for travel purposes counts as withdrawing the application so unfortunatley the holidays must wait. Likewise the Home Office if they need more info will ask for such to be submitted and/or require you to attend an interview.
kavanspace wrote:Can I call and ask them everymonth my application status???

Sure but you will only get through to the enquiry bureau and all they will tell you is generic information on your case i.e. it is under consideration.

By the way whatever whappend to the moderators getting some wedding cake - I understood you were sending this out to workpermits who would duly make sure we received it :lol:

kavanspace
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Post by kavanspace » Mon Apr 11, 2005 10:52 pm

Hi all moderators,

Its me back again... :cry:

It will be 3 months on 22nd April since I submited my application according to EEC3 FORM. I still did not receive any single letter not even HO reference number. I call them every month and lastly i call them today to change address in my application as we shifted from old place due to landlord selling the flat. Everytime they say awaiting consideration. I am trying my best not to panic and worry but after all I am human. :x

My visa expires in May 05. I dont know how long it will take and we need our passports as well to use as Identification. We cant plan holidays as well. The thing that concerns me is no communication I didn't even received HO reference number.

Can i write them requesting to speed up my applicaton...???

thanks for taking pain to read....

:cry: :cry: :cry:
:twisted: :twisted: :twisted:
:?: :?: :?:

Kayalami
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Post by Kayalami » Tue Apr 12, 2005 9:15 pm

Eh easy on the mood icons :lol:

1. If you sent your docs with recorded delivery then don`t stress about the lack of a reference number. A 3 month wait is actually not that much...IMHO your case is not straighforward. There are issues around your previous visa as well as the status of your wife vis a vis the EU expansion. Has she got a worker registration document.

2. The expiry of your visa will not affect your status vis a vis overstaying..so not sure what the concern is here. Likewise with the holidays...is this that of a major issue...try out the UK...Wales..Scotland for the time being. You have the rest of your lives to travel the world if you so desire. On the grounds of identification I have informed you that you can request the ppts back without impacting on your application..with all due respect did you read my reply.

3. If you find nothing I say useful at least consider this....Notify HO of change of address in writing. Do not rely on a verbal message - send the letter special delivery.

kavanspace
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Post by kavanspace » Tue Apr 12, 2005 10:07 pm

Sorry on the moods icon kayalami, :D

1. Yes my wife has registered in wrs scheme and she got permanent job.
In August it will be one year since she started the permanent job.

2. Yes Kayalami I read your earlier reply and sorry about asking the same question again. :oops: Yes we were thinking of U.K only for hols.

3. Thanks for advise to send the change of address in writing. I will surely do that.


Well ,I dont know the address where to send cakes... :lol:

Thanks for reply.

kavanspace
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WRS confusion

Post by kavanspace » Fri May 06, 2005 7:41 pm

Hi all,

Just a quick question...

My wife got permanent job on 13Aug..2004.She delayed registering to WRS and registered in October.

Can you please tell me in order for her to apply on Full treaty rights which period will count...from August (commencemnet of permanent employment) or Ocotober (since she registered).

What difference will it make to her being on Full Treaty rights?She is still in the same employment.

Still its 4 months and i did not receive any reference number or communicaton from HO. :cry:

Thanks a lot......

Kind Regards,
Me,Myself

Kayalami
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Post by Kayalami » Fri May 06, 2005 8:31 pm

a) 12 months to treaty rights commences from WRS registration date.

b) Time spent on full treaty rights counts towards the ILR and thus naturalisation requirement.

c) You can write to the Home Office requesting a ref number. At the least it may get someone to further review your file.

Otherwise how goes married life...putting on any weight after your bachelor's diet :lol:

kavanspace
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Post by kavanspace » Mon May 23, 2005 1:16 am

Hi Kayalami.... :D

How are you.I am okk :x
Well as said before I have applied for immigration according to EEC3 FORM since 4 months and my file is on same status awaiting consideration. My visa expires on 31st May and I am confused about my stay after may is valid or invalid. They have not communicated with me for anything. As such time is 6 months but I am scared as since 4 months if my case is on the same status 2 more months will not make any difference. Can I write to them requesting to consider my application asap.

Can I withdraw my application and apply from India. Will it be faster or helpful. Do I need to be in India to apply or I can apply by post. Do you think its a wise idea :idea:

I am just worried :( and trying my best not to loose patience. :(

Just can't help it as time is precious for me.

By the way you were right I did put on some weight after bachelor's diet. :D

Thanks & Regards
Kavan Bhatt

A Married Man

Kayalami
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Post by Kayalami » Mon May 23, 2005 11:34 am

1. Under applicable sections of the immigration acts you can remain in the UK without becoming an overstayer if you submit an application for a variation of leave before your current visa has expired until the Home Office makes a decision on your case (this has been pointed out to you several times already - check pripr posts inc. one from cosmopol). You have done this so you are o.k. - you remain on the terms and conditions of your previous visa i.e. student in your case.

2. You can withdraw your application if you so wish and apply in India to return to the UK as the dependent of your EEA/WRS spouse. Of course you must be physically present in India to submit this application. Processing speed is dependent on whether the visa post wants to interview you or not. There is no requirement for your spouse to be present - however relevant documentation will be required including a letter from her certifying that she is your sponsor as well as certified copies of her passport and any UK residence stamps, prrof of employment, funds, accomodation and of course relationship.

3. Contact the visa post and determine when they can slot you in for an interview if indeed one is needed. They may be able to waive the interview and grant you entry clearance within a week. This will be for 1 year only renewable by the Home Office for a further 4 years.

4. You mention writing to the HO as an option. On what compelling grounds if any would you be requesting them to expedite your case?

5. Sorry I can't say what you should do - only you and your spouse can determine such based on applicable time frames, costs involved and why you need your UK visa at the earliest opportunity.

Good luck, try not to panic and easy on the kopytka

kavanspace
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Hurray....

Post by kavanspace » Thu Jun 30, 2005 7:14 pm

Hi all..... :D

1.
Finaly I got my passport yooooo. I applied according to EEC3 FORM but now it has no proper visa. It has some stamp with balck ink which is completely unreadable except date 18/10/2005. There is a letter with it which says that I have the right to reside in the United Kingdom as the family member of a European Economic Area national. The letter does not says any thing about the period of extension i got. I can only read the date on the stamp in passport. ONE THING MY WIFE WRS IS COMPLETING 1 YEAR IN 18/10/2005.

I am confused as what is the time period given by the new stamp and if it is till 18/10/2005 which is unusual what I have to do after that. Will i have to send our pass again for six month and for what kind of visa??????????

2. Can I work full-time without any restictions as I am now a family member of a EEA national.

Once again thanks a lot to alll specialy Kayalami,John etc....for your support.


Thanking you.

Kind Regards,
Kavan
A Married Man

John
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Post by John » Thu Jun 30, 2005 9:58 pm

Kavan, congratulations ... at last!

Right, your wife is a citizen of one of the 10 new member states of the EU, and therefore also the EEA. As such for her first year in the UK she needs to be registered under the WRS. Her year is up on 18.10.05, and slightly before that date she will have another procedure to go through.

You will also then need to be part of that October 2005 procedure. That means both of you will have served out the transitional time.

Can you work? I think that yes, your wife can work because of the WRS registration, and so yes, you can also work. What is not clear to me is whether you need to also register under the WRS, or whether you are covered by your wife's registration under that scheme. Anyone know the answer to that one?

Just before 18.10.05 a form EEC1 should be submitted, applying for a Residence Permit. That form will cover both of you, so you should both end up with Residence Permits in your respective passports.

A form EEC1 can be downloaded by clicking here. Looking at the form, clearly Section 6 will need to be completed.
John

kavanspace
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EEA

Post by kavanspace » Fri Jul 01, 2005 12:15 am

Hi John,

Thanks for the reply. Finally at last i got my pass back. Yeah i think we will have to send our pass back before 18.10.2005. as my wife complete one year of WRS and applying under EEC1. I hope we dont have to wait another 6 months,jinxed :?. I think I am clear on the part that I dont have to register under WRS as I am covered under her registration but will ask to HO if i get line :D .

One thing I am bit confused is as how by applying in October with EEC1 will help us. If you can explain please in simple words :?: .

Thanks a lot.
A married man.


France,Greece,Cyprus,Beaches, I am coming.

:lol: Ode to Joy. :lol:

PS:Kayalami...w.cakes is on the way...yumyyyy :D

John
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Post by John » Fri Jul 01, 2005 10:21 am

One thing I am bit confused is as how by applying in October with EEC1 will help us.
It will get you both a Residence Permit in your respective passports. That will confirm, for your wife, that she is now fully able to exercise her treaty rights, that is, she no longer needs to register under the WRS, even though a citizen of one of the accession countries.. For you, a third-country national, that Residence Permit will be your EEA Family Permit, therefore confirming that you have the same rights as your wife, even though not an EEA national.

So for both of you it will mean the ability to live and work in the UK without needing to get work permits etc, or being registered under the WRS.

Four years (under current legislation) after getting those Residence Permits you will both be allowed to apply for ILR, and a year after getting that you can both apply for Naturalisation as British.

Does that help?
John

kavanspace
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Huraay...

Post by kavanspace » Fri Jul 01, 2005 7:33 pm

Thanks John. :D


I must say immigrationboards.com is a very good forum and has given me good advises, of saved lots of lawyers fees.

Thanks a lot..

Kind Regards,
Kavan. :lol:

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