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Eu spouse best option?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Bluetigerhides
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Eu spouse best option?

Post by Bluetigerhides » Fri Aug 28, 2020 8:56 pm

Hi,

My husband and I have been married 12 years and been living in the UK for 15+ years. He’s German and I’m frim outside EU. My passport expired December 2014 and my EEA 2, October 2014.

Due to health issues and family problems, I haven’t been able to sort it out.

My husband is applying for the EU settlement scheme. What’s the best option for me?

If I send my expired passport, I’m guessing they won’t issue me with a visa. I don’t know if I can get a new passport without a visa.

Korekt
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Re: Eu spouse best option?

Post by Korekt » Fri Aug 28, 2020 10:16 pm

Bluetigerhides wrote:
Fri Aug 28, 2020 8:56 pm
I don’t know if I can get a new passport without a visa.
It's unclear why you cannot get "a new passport without a visa".
"Facts are sacred. Opinions are free."

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CR001
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Re: Eu spouse best option?

Post by CR001 » Fri Aug 28, 2020 10:17 pm

Korekt wrote:
Fri Aug 28, 2020 10:16 pm
Bluetigerhides wrote:
Fri Aug 28, 2020 8:56 pm
I don’t know if I can get a new passport without a visa.
It's unclear why you cannot get "a new passport without a visa".
Most embassies require proof of the right to remain or visa/residence in the UK. The op doesn't have physical evidence of this as it expired in 2014.
Char (CR001 not Casa)
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Korekt
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Re: Eu spouse best option?

Post by Korekt » Fri Aug 28, 2020 10:24 pm

CR001 wrote:
Fri Aug 28, 2020 10:17 pm
Korekt wrote:
Fri Aug 28, 2020 10:16 pm
Bluetigerhides wrote:
Fri Aug 28, 2020 8:56 pm
I don’t know if I can get a new passport without a visa.
It's unclear why you cannot get "a new passport without a visa".
Most embassies require proof of the right to remain or visa/residence in the UK. The op doesn't have physical evidence of this as it expired in 2014.
May well be but they have not said so here. Have they stated this elsewhere?
"Facts are sacred. Opinions are free."

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Zerubbabel
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Re: Eu spouse best option?

Post by Zerubbabel » Sat Aug 29, 2020 1:04 pm

Korekt wrote:
Fri Aug 28, 2020 10:24 pm
CR001 wrote:
Fri Aug 28, 2020 10:17 pm
Korekt wrote:
Fri Aug 28, 2020 10:16 pm
Bluetigerhides wrote:
Fri Aug 28, 2020 8:56 pm
I don’t know if I can get a new passport without a visa.
It's unclear why you cannot get "a new passport without a visa".
Most embassies require proof of the right to remain or visa/residence in the UK. The op doesn't have physical evidence of this as it expired in 2014.
May well be but they have not said so here. Have they stated this elsewhere?
My passport expired December 2014 and my EEA 2, October 2014.
It seems everything is in limbo since 2014.

Embassies usually require proof of being legally resident in the UK before renewing passports.

As for the OP, I hope you understand that you messed big time. As a foreign national in the UK, it's your constant duty to keep your immigration documents up to date. I know someone who ignored that and he had to eventually leave the UK after 25 years. This attitude of ignoring these documents can have damaging effects on your life and may compromised access to rights you otherwise had.

Next week, when businesses reopen, you may do the following. Prepare:

- Your expired passport
- Your marriage certificate to an EEA national
- The valid passport of the EEA national
- Proof of address for you both
- Evidence of the medical issues you mentioned


Go to your Embassy. Don't phone them, go there. Explain that you are legal in the UK as you are married to an EEA national even if you didn't renew your EEA card. Tell them, beg them if necessary, to issue a temporary passport for your in order to renew the EEA card and clear your messy situation. Show proof of medical problems that prevented you from reaching to them before.

Most embassies have the power in exceptional circumstances to issue emergency passports valid for 1 year or even less. I have seen some of these issued in London.

With that, apply immediately for EEA PR and under EU Settlement Scheme.

Don't wait another 6 years as there routes now that will close forever later leaving with you with the only option to go back home.

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Re: Eu spouse best option?

Post by Obie » Sat Aug 29, 2020 1:11 pm

Not having a valid passport does not preclude OP from applying.

He can provide reasons for her inability to provide a valid passport, and based on the reluctance of her home nation, i believe that will be accepted.

Regulations 42, tends to cover those type of cases.
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Korekt
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Re: Eu spouse best option?

Post by Korekt » Sat Aug 29, 2020 1:23 pm

Zerubbabel wrote:
Sat Aug 29, 2020 1:04 pm
My passport expired December 2014 and my EEA 2, October 2014.
The above doesn't tell why the OP is/has been unable to renew their passport.
If it is for the reason that has been proffered, which it may well be, it is open for them to say so.
Embassies usually require proof of being legally resident in the UK before renewing passports.
Not all of them.
"Facts are sacred. Opinions are free."

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