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Can I go for EEA Route

Posted: Thu Jan 21, 2010 9:26 pm
by gugu
I am from Pakistan and my wife is Polish(we have got British Marriage Certificate). We have been living together since June 2006. My visa PSW tier 1 exires in sept 2010. My wife registered with WRS in 0ct 2006 and stayed employed upto sept 2007 (date is stated on her P45). After sept 07 she didnt work. She started new job in November 2009 till now and updated her records with WRS in Jan 2010.

Can I apply for the residence card and switch my visa? Can I go EEA route towards that?

Posted: Fri Jan 22, 2010 7:34 am
by John
She started new job in November 2009 till now and updated her records with WRS in Jan 2010.

Can I apply for the residence card and switch my visa? Can I go EEA route towards that?
Indeed, and you should do just that. Use form EEA2 to apply for a Residence Card, and do that soon. Don't wait until just before your current visa expires.

However it is debatable whether your wife was exercising EU Treaty Rights after September 2007 until she started work again in November 2009. However, irrespective of that, she is certainly exercising her EU Treaty Rights now, as a Worker, that is, as an employed person.