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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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A friend of mine got married to EEAU2,the husband followed

Resolved Question:

A friend of mine got married to EEAU2,the husband followed the wife to her home town for marriage rite,later came back and the wife now applied for permanent resident,,,is she going to b given resident permit
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Where is she please?

What nationality is her husband?

Has her husband returned to the UK?

Tom
Customer: replied 1 year ago.


she is in uk,,from finland,,yes


 

Expert:  Thomas replied 1 year ago.
Ok. The wife is a citizen of Finland. She is in the UK.

Is the above correct?

What nationality is the husband?

Tom
Customer: replied 1 year ago.

the wife is a nigerian,,the husband is from finland,,,,they both lives in uk

Expert:  Thomas replied 1 year ago.
Right.

Is the wife legally in the UK?

Who has applied - the wife or husband?

Tom
Customer: replied 1 year ago.


the wife is not,,the wife

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

She should have applied for a Residence Card. Permanent Residence is for people here under EEA rules who have remained legally here for a continuous period of 5 years.

You will see from the following link how to apply for a Residence Card by form EEA2, if this s what she has applied for then she has made the correct application:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

If she has done this and is able to prove their identity then she should be okay. However, if she is not here legally then it is possible that they may reject her application and force you to appeal.

If they do this then they will have to argue that they otherwise meet the eligibility requirements but that it would be unreasonable and disproportionate to expect her to return to her home country only to make the application from there and be approved only a few weeks later. They would probably be successful on this point.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6536
Experience: BA (Hons), PgDip, Practising Solicitor
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