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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hii I am a student in UK from outside the Europe. i am leagally

Resolved Question:

hii
I am a student in UK from outside the Europe. i am leagally married to a EEA person and we having a child and lives together. at the moment I am staying with a student visa. expiers on 1 st of january. i would like to apply for a family visa. how do i apply for a family visa and does my wife has to have a permanent residence card?. she has been working in the UK for last 8 years as a qualified person. does she need a permanant residence card to apply for the visa? if its requierd what can i do in this short time to obtain it? in which form i have to applay for my family visa? is form FLR(M) version 11/15 is the correct one for family visa in my case? in this form there is question in tpage 14 question no 3.15 and 3.16. what should I answer with this?please advice me.
thank you
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
Is there a reason why you have not already switch from your tier 4 visa if you have already been married for a considerable time ?
Tom
Customer: replied 1 year ago.
I have just got married 5th of December.
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.The form you have referred to is not for EEA national exercising treaty rights, it is the form for people married to UK citizens/citizens with ILR. You must apply for an EEA residence Card on the basis that you are a non-eea national who is the spouse of an EEA national working in the UK.The webpage on this is here.https://www.gov.uk/apply-for-a-uk-residence-card/overviewYou wife does not have to have Permanent Residence for this. You will see that you can apply for this from the instructions on the following page:https://www.gov.uk/apply-for-a-uk-residence-card/applyThe form you will need is form EEA (FM) Please note though that they home office only say that your application will be processed “within 6 months” of the date that you submit it and although your status in the UK is not at risk you will have to do without your passport once you have submitted with the application until they have approved the application.Good luck. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom
Customer: replied 1 year ago.
Hi, Tom
I was wondering if I can work during the application process?
Expert:  Thomas replied 1 year ago.
Hi, If you are already working then yes. Technically, you can also obtain employment in accordance with your existing visa, but it will be difficult to prove to a new employer that you have the right to work because your documents will be with the home office..Please remember to leave feedback.Tom
Expert:  Thomas replied 1 year ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave feedback.
Kind regards,
Tom
Customer: replied 1 year ago.
hi,Do I have to include our daughter in the application form?
Expert:  Thomas replied 1 year ago.
What nationality is your child please?
Tom
Customer: replied 1 year ago.
She is just 2 months old. My wife is from Poland. We didnt apply passport for her yet.
Customer: replied 1 year ago.
Is it possible to apply British passport for her? My wife is living in UK around 8 years. Please kindly give me a replay.
Expert:  Thomas replied 1 year ago.
Hi, If your wife had PR then she would be entitled to UK citizenship. If she is eligible for a polish passport then I would apply for this so that you do not have to apply for a residence card for her. Please remember to leave feedback. Tom
Expert:  Thomas replied 1 year ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave feedback.
Kind regards,
Tom
Customer: replied 1 year ago.
Hiiii
Sorry to disturb you again. If our baby doesn't have a Polish passport yet do I need to add her with me in this application? If yes is that will be "main applicant and one family member"? In this case section 6 Descendant(child or grandchild) aged under21 is applicable for our daughter? page no8 question no 2 " personal details of any non -EEA family members included in this application" is this question applicable for our daughter? I am Indian my wife is Polish living in UK for almost 9 years. Our baby born in UK she is 2 months old. In this case which nationality she belongs to by the law?
Expert:  Thomas replied 1 year ago.
Hi,
Basically, if your wife has worked in the UK for over 5 years then she would probably be regarded as having PR. This means that you can apply for the child's UK passport provided you can prove your wife's residence for this time in the UK.
If not, you should apply for a passport for her. Because you can apply for a passport, whether it UK or Polish, you do not need to apply for a residence card. So I would get the passport for the child and then apply for your residence card.
Please leave feedback. You will agree I have answered your original question.
Tom
Customer: replied 1 year ago.
Hiii Tom
My student visa expires on 01.01.16 and we do not have a time to apply for passport for our daughter. What to do in this case?
Shall I include her as a family member in the EEA (FM) application in section 3 or it would be enough to fill in section 6 about descendent child.
As long as I understand from your replay she do not have a nationality at the moment. So what Shall I put down about her nationalit in the application?
Expert:  Thomas replied 1 year ago.
Hi,
I believe you cannot include your child in the application because she is not a non-EEA citizen, since she appears entitled to either UK or Polish citizenhip.
Therefore, I would not include her at section 3 or at section 6 for thsi reason.
I would however explain in your covering letter that you have a recently born child who you believe is entitled to either UK or Polish citizenship but have not included them in your appliaction for a residence card for the above reason.
I have answered your original question long ago if you check what it was. Please leave feedback.
Tom
Customer: replied 1 year ago.
My wife is on maternity leave.Is she still under a current employment by law? She has applied for a housing benefits, the case is in process, and it will take time. Do We have to fill in the section 18 and include it as I am recieving the benefits? Or I shall we leave it?
Expert:  Thomas replied 1 year ago.
I'm sorry, I have answered your original question to more than the value of your deposit.
Please leave feedback. If you require a solicitor to tell you how to complete the form in detail then you must instruct them in the normal way. This is a general question/answer forum only.
Tom
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