non EEA spouse on Tier 4 married to EEA citizen in UK

[nordsee]

Hi all,

I (EEA/German) got married to my Chinese wife (we met at Uni) last month . She is currently here on her Student Visa (Tier 4) which will expire 15/01/16. In know she could apply for a residence permit, but the processing time can be up to 6 months, BUT we are planning to leave to UK in 2 months.

Therefore, is there any other visa for her? Does she even need a visa? I did a lot of reading, but could not really find a reliable answer. One of the things I read is that she could simply stay as she is the wife of a UK settled person (I'm full-time working here).

Anybody an idea? Thanks a lot in any case,

Nordsee

[nordsee]

The EEA2 visa/ residence is no option. I'm working here, but I don't qualify as an qualified person as I'm just working for 4 months month. However, my contract is not limited.

[CR001]

You need to be working, i.e. exercising treaty rights. There is no requirement that you must be working for X amount of months.

[noajthan]

Hi all,

I (EEA/German) got married to my Chinese wife (we met at Uni) last month . She is currently here on her Student Visa (Tier 4) which will expire 15/01/16. In know she could apply for a residence permit, but the processing time can be up to 6 months, BUT we are planning to leave to UK in 2 months.

Therefore, is there any other visa for her? Does she even need a visa? I did a lot of reading, but could not really find a reliable answer. One of the things I read is that she could simply stay as she is the wife of a UK settled person (I'm full-time working here).

Anybody an idea? Thanks a lot in any case,

Nordsee

I understood you to say you are both currently in UK but planning to leave soon.

If wife is still studying the university will need sight of a valid visa or else sight of a COA/RC.
Suggest keep international student office at the university fully informed.

Otherwise, if she has left university, as long as you are exercising treaty rights in some way, ie as a qualified person, all is good.
A RC (confirming EU rights) is then optional for wife.

[nordsee]

Sorry, I should had said that we both graduated. I found a job, she didn't.

She is on her "old" student visa. We also know that she doesn't need a visa at all due to EU regulations (my free movement). However, what may happen at the border when leaving the UK? Travel ban for the future? Criminal offence?

[noajthan]

Sorry, I should had said that we both graduated. I found a job, she didn't.

She is on her "old" student visa. We also know that she doesn't need a visa at all due to EU regulations (my free movement). However, what may happen at the border when leaving the UK? Travel ban for the future? Criminal offence?

Noted.

My understanding is your lady wife is now being sponsored by you as you are an EEA national exercising treaty rights in UK.

Nothing to worry about.
Viva free movement!

[nordsee]

Exactly, that's what I understand. BUT I also read a lot about implementation issues. I don't want her to end up with some "overstaying issues (old visa)" when we leave the country. This would have massive impacts on future visa applications of every country.

[noajthan]

Exactly, that's what I understand. BUT I also read a lot about implementation issues. I don't want her to end up with some "overstaying issues (old visa)" when we leave the country. This would have massive impacts on future visa applications of every country.

If questioned on exit just quote the Directive:
https://eumovement.wordpress.com/directive-200438ec/

And ref: https://eumovement.wordpress.com/2011/0 ... a-citizen/

[nordsee]

My wife just called the home office and received the following answer:


"The Home Office said.

If I would like to legally stay in Britain, the only way is that I must need to apply the UK resident card before my valid student visa expiry. And in the processing time, I will get the legal staying right.

I also mentioned the EU law, but it means I have already got a EEA family permit visa with me. In the six valid months of EEA family permit, I am able to stay with u without the UK resident card( Which we planned to apply before).

So the point is that I can not just stay in Britain after Tier 4 visa expiry, with neither UK residence card application nor EEA family permit."

I understand the EU Regulations, but how does this help if the UK is denying those rights to us?

I also need to point out that she won't have any EU visa (as her student visa will expire) from friday.

[Djulyapplicant]

My wife just called the home office and received the following answer:


"The Home Office said.

If I would like to legally stay in Britain, the only way is that I must need to apply the UK resident card before my valid student visa expiry. And in the processing time, I will get the legal staying right.

I also mentioned the EU law, but it means I have already got a EEA family permit visa with me. In the six valid months of EEA family permit, I am able to stay with u without the UK resident card( Which we planned to apply before).

So the point is that I can not just stay in Britain after Tier 4 visa expiry, with neither UK residence card application nor EEA family permit."


I understand the EU Regulations, but how does this help if the UK is denying those rights to us?

I also need to point out that she won't have any EU visa (as her student visa will expire) from friday.

You might want to ask her to return to her home country China and apply for a entry visa to Europe there, if your future plan is returning to Germany in the nearer future.

[nordsee]

Yeah it seems like. Thanks a lot for the help here.

[noajthan]

My wife just called the home office and received the following answer:


"The Home Office said.

If I would like to legally stay in Britain, the only way is that I must need to apply the UK resident card before my valid student visa expiry. And in the processing time, I will get the legal staying right.

I also mentioned the EU law, but it means I have already got a EEA family permit visa with me. In the six valid months of EEA family permit, I am able to stay with u without the UK resident card( Which we planned to apply before).

So the point is that I can not just stay in Britain after Tier 4 visa expiry, with neither UK residence card application nor EEA family permit."

I understand the EU Regulations, but how does this help if the UK is denying those rights to us?

I also need to point out that she won't have any EU visa (as her student visa will expire) from friday.

Beware; the HO helpline is notoriously unreliable.
Suggest call again & see if you get same answer.

The advice on RC is patently incorrect and a FP is only for entry into UK.
No need for FP as wife is already in UK.
And the optional RC simply confirms rights - it does not grant them.

Your wife will have a legal basis to be in UK even if current visa expires, ie under EU law.

... “family members” (as the Directive states) “enjoy an automatic right of entry and residence in the host Member State” when they are with their EU citizen relative

Ref: https://eumovement.wordpress.com/2008/0 ... ly-member/

She can apply for Schengen visa for Germany from UK or simply travel with you, as described here:
https://eumovement.wordpress.com/2010/0 ... to-travel/

[nordsee]

Alright, thanks again. She applied for a residence permit as it is easy to get the documents back. So let's see. I will add some information about the experience to the receptive section on this board.