Leaving the UK during EEA2 application

[MKO]

Hello All

Glad to have found this forum.
I'm German, living and working in the UK. My Ukrainian fiance came 6 weeks ago with a 6 month fiance visa to marry me in the UK, which we did 2 weeks ago.
She is 26 weeks pregnant, and considering having our child in the Ukraine (she has her own reasons for this)
I was planning to start doing the EEA2 application for her, but it doesn't seem to be a good idea, as I have read that for the application to be processed the person has to remain in the UK during that time (which seems obvious considering that UKBA keeps the passports).
Anyone knows if it's possible to interrupt an application for special circumstances (like giving birth to a child) and then restart it once back in the UK?
Something I also don't know is how to bring her back to the UK after the baby is born. Will I need to apply for a spouse visa (paying again the high fee I paid for the fiance, which I shouldn't pay anymore at this stage?)
MY thanks in advance to anyone that can provide some comments or advice on this matter.

Andy

[Jambo]

As you are now married, you can use the EEA route for your applications. If your wife leaves the UK and her visa expire, you can just apply for a EEA Family Permit from Ukraine. The application is free of charge and should be quick to process. Once she is back in the UK, apply for EEA2.

[Directive/2004/38/EC]

So in a normal situation, she could apply for a Residence Card with an enclosed request to immediately return the passport. She would likely get the passport back about 4 weeks after applying.

But she is 26 weeks pregnant. So if you apply at 27 weeks, then you will hopefully maybe have it back when she is 31 weeks pregnant. Or maybe not. Travel when hochschwanger is difficult in itself, and Stupid have different cutoffs of when no travel is allowed.

Now that she is married she has a absolute right to be in the UK with you (a working EU citizen). Residence Card does not actually matter. If she flies back to the Ukraine today, she can apply for a free EEA Family Permit on her arrival which is good for 6 months and which will allow her to travel back after the birth.

Looking forward you also need to arrange for passports for the baby. Since you are German and are married, then I am pretty sure the baby will be German. It may be worth calling the embassy there and figuring out what you will need to do to get the birth registered and to get a Kinderausweis (which I believe the child could travel on - please check) or passport.

Similarly the child will be Ukrainian. The child can get a passport and also has an absolute right to get an EEA Family Permit.

Make sure she has copies of your passport, the marriage certificate, and proof that you are working.

[MKO]

Thanks a lot for your replies guys.
Indeed, I was explained that when i called the UKBA, they 'just don't explain as clearly as you do.

[Directive/2004/38/EC]

If you have been resident and working in the UK for more than 5 years, then you (likely) have PR.

You should note that if you have PR and the baby is born in the UK, then the baby is automatically a British citizen.

Finally wherever the baby is born it is worth getting several original copies of the birth certificate. In the UK at least they are quick and easy to get when you register the birth (be sure to get the LONG form certificates).