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Sponser/settled person or EEA, and applicant's illegal stay

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jumpingzombie
Member
Posts: 103
Joined: Sat Sep 26, 2009 6:22 am
Location: UK

Sponser/settled person or EEA, and applicant's illegal stay

Post by jumpingzombie » Wed May 14, 2014 8:55 pm

Hello everyone.
I need advices & opinions about 2 things for my friend's case...

1. A friend of mine has been living in the UK, holding ILR.
Her spouse(married) is currently in his country(non EEA), and nearly ready to apply to join family living in the UK permanently(vaf 4).
Actually, my friend(ILR holder) holds an EEA nationality as well, although her EEA passport has expired.
In this case, if it's filled as "yes" to the part7:7-12( does your sponsor hold any other nationality?) on vaf4 and mention about her EEA nationality, does UKBA regard her as an EEA citizen and so refuse this application as a family member of a settled person? When they got married in the spouse's country(non EEA), my friend used her original contry's nationality(non EEA), not her EEA nationality. So, her nationality is shown as non EEA on the marriage certificate.

2. My friend and her spouse were living together in the UK about 5years.
Actually, the spouse's immigration status was illegal for all those years.
But, UKBA had never caught him and he left the UK to his country voluntarily.
How could this matter affect to his application(vaf4)?

Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Re: Sponser/settled person or EEA, and applicant's illegal s

Post by Kitty » Thu May 15, 2014 2:04 pm

What two countries is your friend a national of?

Is there a reason why her spouse is applying under the Immigration Rules and not for a Family Permit?

Your friend's EEA nationality is no reason to refuse an application for a spouse visa under the Rules, if that's what they want to do.

Regarding the spouse's overstay, he should not be refused just for having overstayed.

jumpingzombie
Member
Posts: 103
Joined: Sat Sep 26, 2009 6:22 am
Location: UK

Re: Sponser/settled person or EEA, and applicant's illegal s

Post by jumpingzombie » Thu May 15, 2014 11:51 pm

Thank you for the reply!

I'm afraid, but my friend is not willing to disclose what exactly 2 countries nationalities she has got.
What I can only say here is she was born in a non EEA country, growing up there, but has got an EEA nationality because of one of her parents.

Why her spouse is applying under the immigration rules, not the EEA route is;
1. My friend has got an EEA citizenship, but its just because of one of her parents, and her identity totally belongs to her born country.
2. Actually her origin country and her spouse's country has a political problem, as all of spouse's relates don't like my friend's EEA national, so she got married as a national of her origin country, in the spouse's country.

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