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Students married with EU
Posted: Sat Sep 14, 2013 3:46 pm
by syedhassan
Hello all,
Would appreciate, If anyone could help me out in this regards. I have got married with EU National girl 4 month ago and have sent my documents to HO for RC. I have come across by my lawyer if God for bid i get rejected i will not be given appeal right, because my students visa is valid till 2015.
1stly Is it true..? if yes then what option would i have to get the RC..?
2ndly i have got a job based on the letter received by HO, would it be remain valid after the expiry date passed.?
Please help me in this regards.
THanks
Re: Students married with EU
Posted: Sat Sep 14, 2013 4:36 pm
by askmeplz82
syedhassan wrote:Hello all,
Would appreciate, If anyone could help me out in this regards. I have got married with EU National girl 4 month ago and have sent my documents to HO for RC. I have come across by my lawyer if God for bid i get rejected i will not be given appeal right, because my students visa is valid till 2015.
1stly Is it true..? if yes then what option would i have to get the RC..?
2ndly i have got a job based on the letter received by HO, would it be remain valid after the expiry date passed.?
Please help me in this regards.
THanks
First of all don't worry as long your EEA national legally exercising treaty right is the UK you a legal resident no matter what happen with your application for RC
Non-EEA family members of EU national exercising treaty right do not need to get Resident card .... it is not compulsory ; however many including me applied because it is easy to find jobs or travel with that card as you know as a student you have many restriction
Exercising treaty right :
employed or self-employed; or
studying; or
economically self- sufficient (meaning that you have sufficient funds to support you without requiring public funds); or
a jobseeker; or
retired; or
someone who has had to cease working in the UK owing to permanent incapacity.
Posted: Sat Sep 14, 2013 4:38 pm
by sheraz7
Most often on rejection right of appeal/re-applying options available. And eea2 application is normally be processed within 6 months and if it delayed and your employer ask further documents then make aware your employer regarding ukba employer helpline to confirm your status and right of work.
Re: Students married with EU
Posted: Sun Sep 15, 2013 8:12 am
by syedhassan
askmeplz82 wrote:syedhassan wrote:Hello all,
Would appreciate, If anyone could help me out in this regards. I have got married with EU National girl 4 month ago and have sent my documents to HO for RC. I have come across by my lawyer if God for bid i get rejected i will not be given appeal right, because my students visa is valid till 2015.
1stly Is it true..? if yes then what option would i have to get the RC..?
2ndly i have got a job based on the letter received by HO, would it be remain valid after the expiry date passed.?
Please help me in this regards.
THanks
First of all don't worry as long your EEA national legally exercising treaty right is the UK you a legal resident no matter what happen with your application for RC
Non-EEA family members of EU national exercising treaty right do not need to get Resident card .... it is not compulsory ; however many including me applied because it is easy to find jobs or travel with that card as you know as a student you have many restriction
Exercising treaty right :
employed or self-employed; or
studying; or
economically self- sufficient (meaning that you have sufficient funds to support you without requiring public funds); or
a jobseeker; or
retired; or
someone who has had to cease working in the UK owing to permanent incapacity.
Thanks for reply. yes my wife is exercising her treaty rights as self employed. My point is if God for bid i get rejected by any reason or if i do not get the chance to appeal or if i do not go to re-apply my case, would i be able to work as full timer after the expiry of HO letter? Because as per letter received from HO employer can ask for the evidence after 6 month passed.
Re: Students married with EU
Posted: Sun Sep 15, 2013 8:51 am
by askmeplz82
Thanks for reply. yes my wife is exercising her treaty rights as self employed. My point is if God for bid i get rejected by any reason or if i do not get the chance to appeal or if i do not go to re-apply my case, would i be able to work as full timer after the expiry of HO letter? Because as per letter received from HO employer can ask for the evidence after 6 month passed.[/quote]
as i said RESIDENT CARD is not compulsory ; even if you don't apply as long your EEA national family member exercising treaty right in the UK you are also a legal resident.
- If you are student you can pay EU national / British student tuition fees not international
- You can continue to work full time / run a business
- even travel with your wife ( just need RC , Marriage certificate and EU spouse together )
but in real life it's not always easy because many employer have very limited knowledge about EU LAW. But they can call Home office after 6 months expiry to know your right in the UK. There is a phone number to call or send FAX
same everywhere without VALID resident card it's always difficult to prove your status in this country but you are not overstayer or illegal even if your temporary limited leave to remain ( student ) is expired
Re: Students married with EU
Posted: Sun Sep 15, 2013 3:13 pm
by syedhassan
askmeplz82 wrote:Thanks for reply. yes my wife is exercising her treaty rights as self employed. My point is if God for bid i get rejected by any reason or if i do not get the chance to appeal or if i do not go to re-apply my case, would i be able to work as full timer after the expiry of HO letter? Because as per letter received from HO employer can ask for the evidence after 6 month passed.
as i said RESIDENT CARD is not compulsory ; even if you don't apply as long your EEA national family member exercising treaty right in the UK you are also a legal resident.
- If you are student you can pay EU national / British student tuition fees not international
- You can continue to work full time / run a business
- even travel with your wife ( just need RC , Marriage certificate and EU spouse together )
but in real life it's not always easy because many employer have very limited knowledge about EU LAW. But they can call Home office after 6 months expiry to know your right in the UK. There is a phone number to call or send FAX
same everywhere without VALID resident card it's always difficult to prove your status in this country but you are not overstayer or illegal even if your temporary limited leave to remain ( student ) is expired[/quote]
THanks for information.
Posted: Sun Sep 15, 2013 8:01 pm
by EUsmileWEallsmile
@OP, I suggest that you wait for a decision before pondering too much about rejection, appeals, etc.
Posted: Mon Sep 16, 2013 3:35 am
by Farazjan
Hello,
As I read , RC is not compulsory then dose it mean that we can travel to back country event our temporary leave to remain expires ,???
Posted: Mon Sep 16, 2013 9:13 am
by askmeplz82
Farazjan wrote:Hello,
As I read , RC is not compulsory then dose it mean that we can travel to back country event our temporary leave to remain expires ,???
Hou you will travel without a Passport if it's with the Home Office ?
Posted: Mon Sep 16, 2013 9:20 am
by askmeplz82
Farazjan wrote:Hello,
As I read , RC is not compulsory then dose it mean that we can travel to back country event our temporary leave to remain expires ,???
Hou you will travel without a Passport if it's with the Home Office ?
Posted: Mon Sep 16, 2013 6:06 pm
by Farazjan
askmeplz82 wrote:Farazjan wrote:Hello,
As I read , RC is not compulsory then dose it mean that we can travel to back country event our temporary leave to remain expires ,???
Hou you will travel without a Passport if it's with the Home Office ?
But we can request it back ....
Posted: Mon Sep 16, 2013 8:50 pm
by Directive/2004/38/EC
Why did your lawyer say that you would not have an appeal right?