Visa About to Expire!!

[saify]

hi folks,
i am saify, married to a polish girl here in Glasgow UK, we got married in registry office but we were married before that traditionaly in a mosque,

i was on a student visa and did not need to extend my visa through my wife, i have registered her through WRS , and got her a job, i sent my documents to the HO, so that i can get spouse visa, what happened is she had to leave the job and see her parents as they were really sick, meanwhile my documents were still in homeoffice and she left the job ,

i got my documents stating with no stamp on it and said that my wife is no longer working at the place so she needs to find a job and re apply again,

my visa is expiring next month, and she still in poland coming back next month,and it may not be possible to find her a job in the month when my visa will expire and i will become illegal resident,

so is that possible to goto poland ? and get a residence permit theire , will they allow me to goto poland as i don't have visa to uk anymore? as there is a question if i have visa to the residence country and if i can come back?

and if will i be able to get residence permit in poland ? or if iwant to come back to uk will i have to goto british embassy in poland and apply for visa f rom theire?

i am really stucked up and stressed , your help and view will be much appreciated

Saify

[archigabe]

The best person who can help you is this poster who is also pakistani married to a polish girl who is currently waiting for a residence card in Poland.
http://www.immigrationboards.com/viewtopic.php?t=19156

[Docterror]

saify, if you are here in the UK, why do you want to go to Poland if you wife will be back in a month's time?

[Pakhtoon]

Hello Saify
I hope I am not very late. Unfortunately, your situation leaves you with not many options. Based on my own experience, I don't think moving to Poland will be a good idea. First the Polish embassy ( or Polish consulate in Edinburgh in your case ) won't give you visa beyond the expiry date of your UK visa. Not only that, they will also provide a gap of at least two weeks for example if your visa is expiring on 30th November, they won't give you visa for after 15th November. That will leave you with a Polish visa for around two weeks which is definitely not enough time for applying for a resident permit here in Poland. You have to have a visa for at least 45 days at the time of application.

Going back to UK from Poland would require you to get an EEA Family Permit. My knowledge about it is very limited but I am sure its not easy to get one. There are many genius members here like archigabe, docterror, freshprince and others who would be able to advise you regarding Family Permit but your situation makes it a totally irrelevant story because as I mentioned above, your coming to Poland will just be a waste of time and money. I would suggest you concentrate on where you are because you might still have a chance of sorting things out in UK.

I am not able to advise anything about UK immigration because I have never had a taste of it.

I hope you would be able to find a way out.

Good luck

[freshprince]

Dude

Off the cuff here so you might have to get some background information on this,since your wife IS Polish and returning to the UK with the intention of resuming employment,you DO not necessarily have to leave the UK,there is a ruling by the ECJ(cant remember offhand which one)that states that the expiry date of a visa has no bearing on the residence rights of third country nationals of EU citizens.UK regulations will concern themselves with whether your marriage is genuine and whether your wife is exercising a right under the treaty and not whther your visa is valid or not,on the downside you may not be able to leave the country and return without getting a residence card so make sure your wife does return and gets a job and reinitiate the process.

Your wife is Polish therefore getting a Polish residence permit will be done under Polish laws and the bearuacracy is daunting,not insurmountable but stressful nonetheless.Legally you can only be expelled from the country if you are a threat to public order,health and security.So make your wifey returns sharpish,sort out the employment thingie and reapply.Piece of cake.Good luck man.Rooting for you.