HOME OFFICE - IS UNSURE !!!!!!!! (residence stamp)

[poloniax]

Hello !

I've just registered with the Home Office on the Worker Registration Scheme. (Polish national)


MY WIFE is NON-EU National (American)

AFTER May 2004 We came to England after the EU expansion...
I came as a Worker -registering with the Home Office
And my Wife (American) came as a Tourist.
WE ARRIVED IN THE UK AS A MARRIED COUPLE


1).CAN my WIFE apply for a Residence Stamp ( apply in country) using form EEC3 , without returning to the US ?

2).Or return back to the US to apply for a family permit ?

3).Can She Apply in other UK consulate for a family permit, for example in Poland ?

P.S. I was told that my wife can apply in country for a Resident Stamp (in UK) using form EEC3, without returning to the USA!!!! But then I was told that she needs to apply first for a family permit in her home country. I just don't know...Please clearify this situation .


Thank you very much indeed !

[Jeff Albright]

1).CAN my WIFE apply for a Residence Stamp ( apply in country) using form EEC3 , without returning to the US ?

Nope. Tourists including non-visa nationals are not permitted to switch inside the UK. First you need to apply for residence permit yourself. Then she will need to apply for the family permit from the US to come here as your wife.
If she tries to apply outside Immigration Rules, her application may take several years to consider, her passport will be held for all this time and she will be locked up here with you and the decision may still eventually be negative.

2).Or return back to the US to apply for a family permit ?

Better this way. She may still come to visit you every 6 months in a year as a visitor but she will not be able to work.

3).Can She Apply in other UK consulate for a family permit, for example in Poland ?

Yes, pretty sure she can.

P.S. I was told that my wife can apply in country for a Resident Stamp (in UK) using form EEC3, without returning to the USA!!!! But then I was told that she needs to apply first for a family permit in her home country. I just don't know...Please clearify this situation .

She can still apply, of course - everyone has the right to apply - but it will be outside the Rules, so the process will be lenghty. Now the caseworkers have been given restrictions who to allow to switch outside the Rules and those will be very restricted. It is much easier to just apply for abroad and get her family permit within days.
Good luck!

[poloniax]

Just called the HOME OFFICE one more time
THEY Said yes !
Accesion nationals are an exeption , they can apply in country using the form EEC3 ( if they are registerd with the home office on the worker registration scheme )