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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I get married but my visa has expired how can I apply for another

Resolved Question:

I get married but my visa has expired how can I apply for another in UK
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Were you on a spouse visa?

When did this expire?

Are you still in a relationship with the person that you married?

TOm
Customer: replied 1 year ago.

my husband is from romania we are live together and I had a student visa which expired two months ago


 

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.


I assume that your husband is legally exercising his treaty rights in the UK by working. In the case of other applications you cannot make an application for leave to remain if you have overstayed your visa.

There are new rules in place absolutely prohibiting further leave to remain being extended if the person has overstayed for more than 28 days. However, these apply to other routes rather than as a spouse of an EEA nationals.

I would say that it would be worth applying simply because there is no fee for applying.

You would have to apply for an EEA family permit:-
http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/

If it is not accepted then you would have to return to your home country to apply again, but provided they UKBA accept the marriage is genuine you should be successful.

Once you have this you can apply for a residence card:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6392
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

how can I apply for eea family permit from inside of UK because is written on the application you can apply and use only from outside of UK or is another application

Customer: replied 1 year ago.

which form should I use


 

Expert:  Thomas replied 1 year ago.
Hi,

I think they may have changed the form. In that case I would apply straight away for a residence card.

The link to the form is on the following page:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

Tom
Expert:  Thomas replied 1 year ago.
You should use the form EEA2 on the right hand side of the following page:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

Tom
Thomas, Solicitor
Satisfied Customers: 6392
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you

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