needing info

[happy couple]

my wife was married to a german and they moved to the uk using treaty rights in 2004 he died where does my wife stand now sshe is married to me in regards to any visas ??

[Wanderer]

my wife was married to a german and they moved to the uk using treaty rights in 2004 he died where does my wife stand now sshe is married to me in regards to any visas ??

And your wife are from which countries?

[happy couple]

my wife was married to a german and they moved to the uk using treaty rights in 2004 he died where does my wife stand now sshe is married to me in regards to any visas ??

she is a us citizen

And your wife are from which countries?

she is us citizen

[sakura]

my wife was married to a german and they moved to the uk using treaty rights in 2004 he died where does my wife stand now sshe is married to me in regards to any visas ??

We need more information;
What visa is your wife on?
What visa are you on (and were you on before), and what is your nationality?
When did you get married, and what did your wife do after her first husband died (visa and immigration-wise)?

[happy couple]

wife is us citizen

[happy couple]

wife was married to a german they lived in germany moved to the uk in 2001 he died in 2004 she stayed on in the uk working had her own national insuranse number

[happy couple]

she is not on any visa

[Wanderer]

wife was married to a german they lived in germany moved to the uk in 2001 he died in 2004 she stayed on in the uk working had her own national insuranse number

Are u a British Citizen? National Insurance number is not relevant - it gives no visa rights.

Since information is scant we are forced to start guessing here; so can u tell us:

1. Your Nationality and visa status

2. Your wife's visa status

[happy couple]

iam a british citizen

[happy couple]

sorry iam a british citizen and my wife a us citizen she has no visa what we need to know is as she came here with her german husband and settled here with him in 2001 can she still stay here with me and apply for a visa here if she needs one ?

[Wanderer]

iam a british citizen

Right!

So the only issue we have now is we her stay valid in the UK when her first husband died. Did she have any visas in her passport with dates on?

I'm not sure of EU residence rights at all never mine several years ago so I suggest you wait for the experts, they'll be along in a minute.

My overwhelming feeling is that the worst case is she'll have to go back to USA and apply formally for a Spouse visa, should be a formalilty for a US citizen, a matter of days. I'm guessing that her stay in UK since her first husband died is possible illegal and she's been working illegally - assuming she didn't do anything about it. She might be ok tho, wait for the gurus...

[happy couple]

in feb 2006 we applied for my wife who is a us citizen and iam a british citizen to remain in the uk.she came to the uk in 2001 when married to a german national they lived and worked here in the uk.in 2004 he died my wife stayed in the uk and carried on working.in 2005 we met and lived together.in feb 2006 we applied for her to stay here on the basis that she was a family member of an eea national who has been exercising treaty rights here under ec law we sent all the info they needed ie ex husbands passport death cert wage slips my wifes p60 dwp letter confirmation of job satus etc sent form of feb 2006 and then in aug 2006 the HO said that we had failed to show that her dead ex was an eea national an that 2yrs prior to his death showed that he was working but we gave them everything that they asked for since 2001 she was then sent a letter telling her she had to leave the uk in 28 days which we then did we went to the us and got married in sept 25th 2006 i came back to the uk in november 2006 and my wife came back 17th dec 2006 when she landed she was givern 6mnths stamp in her passport but is still here with me iam supporting her and me she is not working i think we have been dealt with wrongly by the HO please can anyone help

[Wanderer]

in feb 2006 we applied for my wife who is a us citizen and iam a british citizen to remain in the uk.she came to the uk in 2001 when married to a german national they lived and worked here in the uk.in 2004 he died my wife stayed in the uk and carried on working.in 2005 we met and lived together.in feb 2006 we applied for her to stay here on the basis that she was a family member of an eea national who has been exercising treaty rights here under ec law we sent all the info they needed ie ex husbands passport death cert wage slips my wifes p60 dwp letter confirmation of job satus etc sent form of feb 2006 and then in aug 2006 the HO said that we had failed to show that her dead ex was an eea national an that 2yrs prior to his death showed that he was working but we gave them everything that they asked for since 2001 she was then sent a letter telling her she had to leave the uk in 28 days which we then did we went to the us and got married in sept 25th 2006 i came back to the uk in november 2006 and my wife came back 17th dec 2006 when she landed she was givern 6mnths stamp in her passport but is still here with me iam supporting her and me she is not working i think we have been dealt with wrongly by the HO please can anyone help

Basically I think you've buggered up by overstaying the visitor visa.

Only way forward now is for her to leave and reenter on a spouse visa. Will be more difficult but if you can prove to HO that you can support her (as you have) your marriage is not fake and u have somewhere to live it shouldn't be a problem. Will take a few weeks tho I imagine.

The alternative to to battle it out with no right to work and live on your nerves for possibly years.

[SYH]

So far what I found that because she was her based on treaty rights she doesn't get ILR like she would have had he been a UK national and she was here under a spouse visa through the us
see page 13 of this link

http://www.ind.homeoffice.gov.uk/docume ... iew=Binary


I will look further but you might be out of luck

[SYH]

looks like she can retain the right of residence provided she fits a specific definition and her former spouse did too such as worker and lived in the uk for one year
see page 19 of this link
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

Someone else has to look at the document to verify my understanding as I looked at quickly and want to post as soon as I found it

Looks like if he, the spouse worked in the uk for 2 year prior to his death, then she can get permanent residency
See page 2 of link and check the rest of the document while you are at it
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

[SYH]

in feb 2006 we applied for my wife who is a us citizen and iam a british citizen to remain in the uk.she came to the uk in 2001 when married to a german national they lived and worked here in the uk.in 2004 he died my wife stayed in the uk and carried on working.in 2005 we met and lived together.in feb 2006 we applied for her to stay here on the basis that she was a family member of an eea national who has been exercising treaty rights here under ec law we sent all the info they needed ie ex husbands passport death cert wage slips my wifes p60 dwp letter confirmation of job satus etc sent form of feb 2006 and then in aug 2006 the HO said that we had failed to show that her dead ex was an eea national an that 2yrs prior to his death showed that he was working but we gave them everything that they asked for since 2001 she was then sent a letter telling her she had to leave the uk in 28 days which we then did we went to the us and got married in sept 25th 2006 i came back to the uk in november 2006 and my wife came back 17th dec 2006 when she landed she was givern 6mnths stamp in her passport but is still here with me iam supporting her and me she is not working i think we have been dealt with wrongly by the HO please can anyone help

yeah I think if you had appealed the directive was on your side. someone else will have to tell you if by leaving which may have indicated acceptance of the HO's ruling that you no longer have a case. Sounds like a victoria question. Too bad you didn't post in 2006 AND now she is an overstayer?? What a way to complicate things.

[Docterror]

happy couple, sorry to be the one tell you this bad news, but your wife will have to leave and apply for her spouse visa from the US to legalise her current status.

The way I picture it, when she entered here as the family member of an EEA national in 2001, she was given a Residence Permit valid for 5 years which the expired in Feb 2006, a terrible time for it to run out, indeed. The Directinve 2004/38 and it's UK transposition did not come into effect until 30.04.2006 which meant her case was dealth with under the then UK immigration rules which, I guess, explains the current result. Had her permit expired a few months later, say, in May, she would have been able to get an appeal for the decision. But as things stand, she is an over stayer on her 'visa-vaiwer' status and the only thing left for her to do is to apply for the spouse visa.

The good news? 2 years on, the day she gets her ILR, as she will be married to you, she can apply for her naturalisation on the very same day in case that is what she intends to do as the time spend on the Residence Permit counts toward the 3 year requirement for naturalisation.

Hope that helps

[happy couple]

my wife now has an appointment in new york on the 20th of this month been told she could have her spouse visa the same day does anyone know if this is correct

[Wanderer]

my wife now has an appointment in new york on the 20th of this month been told she could have her spouse visa the same day does anyone know if this is correct

Possible, although she has overstayed, I'd imagine they'd want to do some checking.

Make it a holiday to see friends, budget two weeks things should be fine although there are no guarantees. Don't just apply and hope, collect all the evidence and proof you can, make you case watertight. Please don't walk in with just the visa fee and the form....