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Residence Card and Marriage

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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scontighgh
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Residence Card and Marriage

Post by scontighgh » Wed Dec 28, 2016 12:16 am

hi,

i hold a residence card as an extended family member of a EU citizen and has been working full time since i had the card issued to me by the home office.

i have recently married and have had a child with my wife who is just 2months old.

my question is, can i use my residence card to file for permanent stay for my wife who holds a 2yr non working visa from outside the EU?
if it can be done, what are the processes to follow?

many thanks.
Sean

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CR001
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Re: Residence Card and Marriage

Post by CR001 » Wed Dec 28, 2016 5:15 pm

What visa exactly does she hold that is a 2 year visa?

When does her visa expire?

How are you related to your EU sponsor?
Char (CR001 not Casa)
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ohara
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United Kingdom

Re: Residence Card and Marriage

Post by ohara » Thu Dec 29, 2016 2:33 am

What is a 2 year working visa? :?

As a non-EEA citizen without PR on EEA migration route, you probably have the fewest sponsorship rights of any category of people in the UK.

noajthan
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Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Residence Card and Marriage

Post by noajthan » Thu Dec 29, 2016 10:12 am

scontighgh wrote:hi,

i hold a residence card as an extended family member of a EU citizen and has been working full time since i had the card issued to me by the home office.

i have recently married and have had a child with my wife who is just 2months old.

my question is, can i use my residence card to file for permanent stay for my wife who holds a 2yr non working visa from outside the EU?
if it can be done, what are the processes to follow?

many thanks.
Sean
Do you have an EFM RC or a confirmation of PR card?

How many EU sponsors do you have?
Is wife a Union citizen?
Is this wife the same sponsor as your previous unmarried sponsor? (if from outside EU it seems she is not).

If wife is 'non-working' (whatever that means) then where and how did you marry?
Is wife a student or selfsufficient qualified person in EU context?

As a non-EEA national you can't sponsor anyone unless and until settled in UK and then only under the harsher and more stringent UK domestic immigration regime.
Even that does not lead to 'permanent stay' for anyone immediately; it takes 5 years to get ILR.

If you have lost your previous unmarried (EU) sponsor then that EFM RC is no longer valid; it is not a 'visa'.
If you are not settled in UK and wife is not a Union citizen (and qualified person) then its likely neither of you have a right to reside and work in UK.

What is wife's visa and when does it expire?
What is immigration status and nationality of child?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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