pls help me

[Carlosmiranda]

Hi. Plz can anyone help me . I have tried to search a lot but can't get clear answer. My wife is non eea national . We got married in February 2012 but she got residence card in jan 2014. She was overstayer before rc for two years. When she can apply for pr plz? I m in uk since 1996.

[vinny]

Feb 2017.

[Carlosmiranda]

Thanks a lot.but will two years overstayer visa make any problem in counting this period.

[fatimahh]

Thanks a lot.but will two years overstayer visa make any problem in counting this period.

Were you working or doing anything to exercise your treaty right from 2012 till 2014 (the 2 years in question), if yes then she was not an overstayer, she was a family member of an EU national. applying for EEA residence card is not compulsory it is just a confirmation of her right and statut in the country.

[Carlosmiranda]

Yes I have been always working since 1996 and in that period as well.

[Carlosmiranda]

Yes I have been always working since 1996 and in that period as well.

Hi. I tried to phone ukba today about my wife's PR . But they said she is not eligible for PR because she was overstayer before residence card . According to them we have to wait until five years from residence card issued. Plz can someone explain.

[vinny]

No. She became a family member on the date that she got married. (Date of) issue of a residence card is just confirmatory.

[Carlosmiranda]

No. She became a family member on the date that she got married. (Date of) issue of a residence card is just confirmatory.

ukba staff member said her application is likely to be refused if you will apply now . So you mean to say that we should apply in Feb 2017 plz? Do we need to include any letter in application to explain about it plz ?thanks in advance.

[noajthan]

No. She became a family member on the date that she got married. (Date of) issue of a residence card is just confirmatory.

ukba staff member said her application is likely to be refused if you will apply now . So you mean to say that we should apply in Feb 2017 plz? Do we need to include any letter in application to explain about it plz ?thanks in advance.

Don't rely on 'helpline'.

And you are dealing with HO/UKVI now.

UKBA was abolished in 2013 as not fit for purpose.

Wife may face consequences if she has ambitions for privilege of citizenship but that is some time away.
Cover letter not necessary if form is completed completely and accurately.

[Carlosmiranda]

No. She became a family member on the date that she got married. (Date of) issue of a residence card is just confirmatory.

ukba staff member said her application is likely to be refused if you will apply now . So you mean to say that we should apply in Feb 2017 plz? Do we need to include any letter in application to explain about it plz ?thanks in advance.

Don't rely on 'helpline'.

And you are dealing with HO/UKVI now.

UKBA was abolished in 2013 as not fit for purpose.

Wife may face consequences if she has ambitions for privilege of citizenship but that is some time away.
Cover letter not necessary if form is completed completely and accurately.

Thanks a lot for this big help .

[ijjlian]

Just got curious: why the helpline is not reliable? Do they tend to give a lot of wrong information? Are people taking the calls actual staff of UKVI?

[Casa]

Just got curious: why the helpline is not reliable? Do they tend to give a lot of wrong information? Are people taking the calls actual staff of UKVI?

You're not the first to ponder over this. There are suspicions that the 'helpline' service is contracted out to a call centre. It's hard to believe that if the 'advisors' are HO in-house employees the level of training could be so appalling.

Or maybe it's simply a way to reduce immigration levels by ensuring applications fail.

[vinny]

Possibly because the rules, regulations and guidance have become too complex, and people lack the training to understand them.