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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, my wife and I applied for an EEA2 residence card in February;

Resolved Question:

Hi, my wife and I applied for an EEA2 residence card in February; we didn't use any lawyers to complete the information. We are worried that we made a mistake and want to see if it's worthwhile to contact one after we submitted the documentation. I am a Belgian who has lived in the UK since 2005 in full employment and my wife is Uruguayan. Our concerns are that we tried to contact UKBA, but they say they can't give any information until the process is completed. My wife has a Certificate of Application and she found a job so we are now worried about what might happen if the UKBA rejects her application. Can you help or provide insight?
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. What mistake did you make in the application
  • 2. What was your wife's immigration status in the UK immediately prior to making the application

Kind regards.

Tom

Customer: replied 3 years ago.
Hi Thomas,

1. I don't think we made a mistake in the application, we are just worried as when my wife went to Jobcentre to obtain a UK NI number they worried her saying that UKBA sometimes decline applications without giving explicit reasons and as we don't have a lawyer representing us we got worried.
2. My wife came into the UK on a tourist visa (6 months) from Belgium after we got married in Belgium in January

Kind regards,
Christophe
Expert:  Thomas replied 3 years ago.

Christophe

 

When was your wife's tourist visa to expire please?

 

Kind regards,


Tom

Customer: replied 3 years ago.
Hi Thomas,

We arrived in UK at start of February, so it's set to expire in early August 2011.

Regards,
Christophe
Expert:  Thomas replied 3 years ago.

Christophe,

 

Thanks for your reply.

 

 

The UKBA can only refuse on strict criteria applied under the Immigration Rules, the cannot simply refuse without explicit reason. The would provide a letter explaining the ground in the Rules on which their rejection relies.

 

If the mistake was not material then they would probably allow the application, or at least you could ask for them to reconsider it (eg. If there was a further document to supply) or appeal the application.

 

The difficulty I can see that you have is that it is a term of your wife's visitor's visa that she shall return home before the expiry of the visa. This is taken to mean that she shall not seek to secure permanent stay here whilst on your visitor's visa. The UKBA will probably reject her application on this basis and ask her to return home in order to make the application there because they are usually very strict in applying this criteria.

 

You may get an understanding immigration official however, but I warn you so that you can mentally prepare for a rejection.


Sorry it could not be better news.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,


Tom

Customer: replied 3 years ago.
Hi Thomas,

Thanks for the reply. One more question. Is there anything we can do in the meantime or should we just wait for the outcome of the application from UKBA?

Regards,
Christophe
Expert:  Thomas replied 3 years ago.

Hi,

 

If there is nothing that you think you have omitted from the applicaiton (ie, no document that you did not include which you think will assist the application) then you can only wait and see what the outcome is.


They generally take about 4-6 weeks to reach a determination on applications for these kinds.

 

Trust this clarifies, if so please click accept.


Good luck.

 

Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6655
Experience: BA (Hons), PgDip, Practising Solicitor
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