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German Citizen Spouse visa 4month overstayed

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healium
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Joined: Mon May 07, 2012 5:59 pm

German Citizen Spouse visa 4month overstayed

Post by healium » Mon May 07, 2012 6:11 pm

hi,

im new at IBoards, sry if im at the wrong forum, but maybe someone can help :)

im german citizen, and my wife is from pakistan, she came last year in october to uk with a eea family visa of 6 months, unfortenatelly we totally forgot to apply for a extension of her visa.

my question is: is that right that they could send my wife back to pakistan now? or shall i just apply now for a extansion?

thank you very much....

Lucapooka
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Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Mon May 07, 2012 9:28 pm

She does not need to apply for anything so her status is not irregular. Her marriage to you is sufficient to remain in the UK. However, it makes sense to have a residence card as this will allow her to prove her status in any bureaucratic procedures.

healium
Newly Registered
Posts: 2
Joined: Mon May 07, 2012 5:59 pm

Post by healium » Tue May 08, 2012 12:12 am

Thanks for your respond, but she hasnt got a Visa since january,
That means that at the moment she's illegally in the country.
My fear is, that when I'm applying for a visa now, the immigration bureau will refuse the visa because she overstayed her visa for 4 months now.
or am i wrong?

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Tue May 08, 2012 10:23 am

The problem with asking questions on free access public forums is that people tend to respond and then it's really up to you whether or not you believe that information from an anonymous source. If you are truly unsure of your circumstances you should seek competent professional help

To repeat my particular response. She does not need a visa (she's the wife of an EEA national) and she is not illegal.

However, for the avoidance of doubt (your doubt) about her permission to remain in the UK, she can apply for a residence card using form EEA2

http://www.ukba.homeoffice.gov.uk/eucit ... /applying/

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