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EEA Family Permit Card application whilst in UK on W/H Visa from AUS

Posted: Wed Sep 06, 2017 11:08 am
by ottoabrahams
Hi,

I really hope you can help me out here.

My name is Otto and I am Belgian. Been living and full-time working in the UK since 2014.
On the 7th of June 2017 I married my wife who I met 2 years ago when she arrived in the UK on a Work/Holiday Visa from Australia. On the 7th of December 2017 her Visa expires.
She will apply for a EEA Family Permit Card.
My question is, does the application overwrite the expiry date of her current Visa or does my wife need to leave the country either way on the 7th of December ?
We are getting mixed answers and really need to know this.
Also she would need to send in her passport, doesnt this mean she wouldn't be able to travel anyway?

Thank you!!

Re: EEA Family Permit Card application whilst in UK on W/H Visa from AUS

Posted: Wed Sep 06, 2017 11:41 am
by CR001
As you are married she has automatic rights in the UK provided you are a qualified person exercising treaty rights.

She can apply for a residence card now.

Re: EEA Family Permit Card application whilst in UK on W/H Visa from AUS

Posted: Wed Sep 06, 2017 11:54 am
by ottoabrahams
CR001 wrote:
Wed Sep 06, 2017 11:41 am
As you are married she has automatic rights in the UK provided you are a qualified person exercising treaty rights.

She can apply for a residence card now.
Does this mean she can stay in the UK until a decision is made on the residence card or still has to leave on the 7th of December ?

Thank you so much for helping !

Re: EEA Family Permit Card application whilst in UK on W/H Visa from AUS

Posted: Wed Sep 06, 2017 12:03 pm
by CR001
She can stay.