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Visa Priority

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Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Visa Priority

Post by Wanderer » Mon Jul 16, 2007 5:46 pm

Can anyone tell me what happens in this scenario:

Person has student visa till Oct 2008, then is sucessful in obtaining EEA RP - six months initially.

Does this invalidate the student via completely? ie after the six months, and no further EEA permit was issued, can the student visa 'kick back in'?

Think what happens if EEA RP is denied after the initial one. No reason why it should be, but it seems scarey potentially exchanging a long term visa for a short term one...
An chéad stad eile Stáisiún Uí Chonghaile....

olisun
Diamond Member
Posts: 1079
Joined: Mon Oct 14, 2002 2:01 am

Re: Visa Priority

Post by olisun » Mon Jul 16, 2007 6:03 pm

Wanderer wrote:
Does this invalidate the student via completely? ie after the six months, and no further EEA permit was issued, can the student visa 'kick back in'?
It invalidates the student visa

thsths
Senior Member
Posts: 775
Joined: Sun Apr 29, 2007 9:14 pm
United Kingdom

Re: Visa Priority

Post by thsths » Mon Jul 16, 2007 11:32 pm

Wanderer wrote:Person has student visa till Oct 2008, then is sucessful in obtaining EEA RP - six months initially.

Does this invalidate the student via completely? ie after the six months, and no further EEA permit was issued, can the student visa 'kick back in'?
Yes, it does invalidate the student visa. This is because the EU immigration law and the national immigration law are not integrated in the UK, so you have to pick one or the other.

But: the EEA residency card or residence permit should be valid for 5 years. Only the EEA family permit is restricted to 6 months, and there is not really any point in applying for one if you already have a visa.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Visa Priority

Post by Wanderer » Mon Jul 16, 2007 11:41 pm

thsths wrote:
Wanderer wrote:Person has student visa till Oct 2008, then is sucessful in obtaining EEA RP - six months initially.

Does this invalidate the student via completely? ie after the six months, and no further EEA permit was issued, can the student visa 'kick back in'?
Yes, it does invalidate the student visa. This is because the EU immigration law and the national immigration law are not integrated in the UK, so you have to pick one or the other.

But: the EEA residency card or residence permit should be valid for 5 years. Only the EEA family permit is restricted to 6 months, and there is not really any point in applying for one if you already have a visa.
Ok, I understand. This was my cunning plan, to go EEA route rather than FLR/ILR....

Non-EU gf is in Berlin until November this year, and since November last year. Prior to that we lived together in UK for over a year - this 12 mnth period in Germany (part of her studies - wholly necessary) has put a hole in our UPV plans....

We've maintained contact - she coming back here, me going there, meeting in EU cities for weekend breaks.

So, I was thinking of renting a place for us in Berlin and living there - I can commute and work remotely until November, registering myself in Berlin, and hopefully with a few bills and proof we've got a durable relationship with UK evidence too since Aug 2005, carefully collected.

Then applying for EEA family permit for her and moving back to UK on it.

The more I think of it the more sounds like a daft plan............
An chéad stad eile Stáisiún Uí Chonghaile....

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