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Visa Extension advice

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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Callum86
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Posts: 9
Joined: Mon May 28, 2018 3:46 pm
India

Visa Extension advice

Post by Callum86 » Mon May 28, 2018 3:55 pm

Hello,

Am currently seeking advice, I got married with my polish wife in 2013 and there fore got 5 years residence visa which is about to expire in jan2019, my wife she has a British PR, she was working till November 2015 since then she is house wife looking after our 2 year old child, I am working full time professional job.

I am now wondering upon the expiry of my 5 year resident visa which I got because of my marriage with eea national now what are mu options, how can I extend it.

Please advice me.

Thank you

Callum86
Newly Registered
Posts: 9
Joined: Mon May 28, 2018 3:46 pm
India

Re: Visa Extension advice

Post by Callum86 » Mon May 28, 2018 4:46 pm

Callum86 wrote:
Mon May 28, 2018 3:55 pm
Hello,

Am currently seeking advice, I got married with my polish wife in 2013 and there fore got 5 years residence visa which is about to expire in jan2019, my wife she has a British PR, she was working till November 2015 since then she is house wife looking after our 2 year old child (British Passport), I am working full time professional job.

I am now wondering upon the expiry of my 5 year resident visa which I got because of my marriage with eea national now what are my options, how can I extend it.

Please advice me.

Thank you

Callum86
Newly Registered
Posts: 9
Joined: Mon May 28, 2018 3:46 pm
India

Re: Visa Extension advice

Post by Callum86 » Mon May 28, 2018 4:49 pm

Callum86 wrote:
Mon May 28, 2018 3:55 pm
Hello,

Am currently seeking advice, I got married with my polish wife in 2013 and there fore got 5 years residence visa which is about to expire in jan2019, my wife she has a British PR, she was working till November 2015 since then she is house wife looking after our 2 year old child, I am working full time professional job.

I am now wondering upon the expiry of my 5 year resident visa which I got because of my marriage with eea national now what are mu options, how can I extend it.

Please advice me.

Thank you

User avatar
Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Visa Extension advice

Post by Casa » Mon May 28, 2018 5:38 pm

Callum86 wrote:
Mon May 28, 2018 3:55 pm
Hello,

Am currently seeking advice, I got married with my polish wife in 2013 and there fore got 5 years residence visa which is about to expire in jan2019, my wife she has a British PR, she was working till November 2015 since then she is house wife looking after our 2 year old child, I am working full time professional job.

I am now wondering upon the expiry of my 5 year resident visa which I got because of my marriage with eea national now what are mu options, how can I extend it.

Please advice me.

Thank you
Please desist from posting the same question over and over in a short space of time. Someone will respond if and when they have the answer.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Callum86
Newly Registered
Posts: 9
Joined: Mon May 28, 2018 3:46 pm
India

Re: Visa Extension advice

Post by Callum86 » Mon May 28, 2018 9:06 pm

Hi, please anyone if can advise please do it.

Thank you

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seagul
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Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:
United Kingdom

Re: Visa Extension advice

Post by seagul » Mon May 28, 2018 9:40 pm

Callum86 wrote:
Mon May 28, 2018 9:06 pm
Hi, please anyone if can advise please do it.

Thank you
Eu national partner need to continuously keep exercise its treaty rights like working/studying/self employment etc to keep active its non-eu national partner's legal status leading to settlement. Therefore, till the time your EEA partner got uk PR status must have been exercising its treaty rights to enable you to also get permanent residence. Otherwise you might have to apply another non-eu residence permit under EU rule or apply for FLRM the spouse of settled person under uk expensive route.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Callum86
Newly Registered
Posts: 9
Joined: Mon May 28, 2018 3:46 pm
India

Re: Visa Extension advice

Post by Callum86 » Mon May 28, 2018 10:58 pm

Hi Seagul,

Thank you for your reply, my EEA national polish wife she does hold British PR since Jan2017 does it still means she needs to exercise treaty rights???
May be I am wrong but I thought if any EEA National has British PR they are not obliged to follow treaty rights like working! Which my polish wife isn't doing since birth of our child since 2016 Jan.

Please guide meI am thinking right or not and what steps shall I take to cement my future with my family in this country?

Thank you a lot

User avatar
seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:
United Kingdom

Re: Visa Extension advice

Post by seagul » Mon May 28, 2018 11:08 pm

Callum86 wrote:
Mon May 28, 2018 10:58 pm
Hi Seagul,

Thank you for your reply, my EEA national polish wife she does hold British PR since Jan2017 does it still means she needs to exercise treaty rights???
May be I am wrong but I thought if any EEA National has British PR they are not obliged to follow treaty rights like working! Which my polish wife isn't doing since birth of our child since 2016 Jan.

Please guide meI am thinking right or not and what steps shall I take to cement my future with my family in this country?

Thank you a lot
After getting PR the EU national won't need to exercise its treaty rights further and without treaty rights she shouldn't have acquired her PR status which means she was exercising its treaty rights to get PR so as per my guess you might qualify for PR too after 5 years.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Callum86
Newly Registered
Posts: 9
Joined: Mon May 28, 2018 3:46 pm
India

Re: Visa Extension advice

Post by Callum86 » Tue May 29, 2018 4:46 pm

Hi Seagul,

thank you for your reply but am not sure what shall i apply for visa extension or extension in different category or PR or anything completely clueless, as you mentioned even am not sure and they might come back asking about my wife not exercising treaty rights and so on!
i might sound silly but just want to clear the confuse i have as to is British permanent residency granted through EEA regulation different to ILR under British Immigration Rules?
if you can guide me towards something would be thankful

thank you.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Visa Extension advice

Post by vinny » Wed May 30, 2018 12:52 am

PR card, citing judgment, if necessary.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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