How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Frantz I Your Own Question

Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 233
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
80411141
Type Your Immigration Law Question Here...
Frantz I is online now

I have been in the UK since 2009 and am from New Zealand

Customer Question

Hello,
I have been in the UK since 2009 and am from New Zealand originally.
My EEA family permit ran out in April this year as I'm married to a Czech republic national.
I applied for a permanent residence card which was refused just this week based on my wife not working for a full 5 years since we came back to the country as she has been off on maternity leave and not worked since our first child was born in 2012.
I need to know what my options are for staying here now do I apply for just another EEA family permit or something else?
Kind regards,
Mark
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Frantz I replied 1 month ago.

Hello

Thank you for your enquiry.

Although your application for PR was refused you are still a family member of an EU national. It is a reasonable excuse that your wife was out of work because of maternity leave but it is important that she goes back to work as soon as possible because only then would she be regarded as exercising her treaty rights to remain in the UK with her family member.

If you cannot provide 5 years of evidence to support your application on the basis of your wife exercising treaty rights for the same period of 5 years then any further application for PR will be refused.

Customer: replied 1 month ago.
Thank-you for your reply I did assume this would be the case but is there any other options or visas I can apply for as she isn't in work and we have a small baby so won't be going back any time soon.
Expert:  Frantz I replied 1 month ago.

Unfortunately there is no other option under EU law. She must go back to work to have any EU rights to reside in the UK.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    105
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    33
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm