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Residence Card and Marriage

Posted: Wed Dec 28, 2016 12:16 am
by scontighgh
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

Re: Residence Card and Marriage

Posted: Wed Dec 28, 2016 5:15 pm
by CR001
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?

Re: Residence Card and Marriage

Posted: Thu Dec 29, 2016 2:33 am
by ohara
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.

Re: Residence Card and Marriage

Posted: Thu Dec 29, 2016 10:12 am
by noajthan
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If you have lost your previous unmarried (EU) sponsor then that EFM RC is no longer valid; it is not a 'visa'.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?