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 Post subject: Re: What's next?
Post Number:#11  PostPosted: 16 Mar 2011 10:56 
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teedabus wrote:
Wiz,

I am getting mixed up here. So what would be the next step for here, because her visa expires on 10/07/11. How do we extend here stay here?

As far as I am aware, your wife's visa doesn't expiry, as it says on the vignette ...... because you have already exercised your right under the EU Directive 2004/38/EU for yourself, by working, living or studying in the UK over a year....... or more.

My suggestion and to make life easier for you, it would be to use the same paperwork that your wife used to apply for her Entrance Visa and make an Application for a RESIDENT CARD, which is FREE now.

When your wife make the application for the Resident Card, you have to post them also both your passports ...... but after you receive the confirmation from the UKBA that your application has been received you will see that they also confirms her position regarding work that she is FREE to work too. Then write back to the UKBA and ask for your passports back so you can travel if you need too..... and when the Resident Card has been considered by the UKBA then they will write to your wife and ask for her passport back!

Having acquired her Resident Card, your wife can travel without any visa requirement in all the EU countries except the Irish Republic. So go ahead and make the application ..... Takes nearly 6 months before they issue one.

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 Post subject: Re: What's next?
Post Number:#12  PostPosted: 17 Mar 2011 13:49 
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Thanks alot Wiz,

Lastly, would it be ok to apply for a resident card a month prior to expiry of her entrance visa or should we do it now?


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 Post subject: Re: What's next?
Post Number:#13  PostPosted: 17 Mar 2011 16:28 
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Dear Wiz

Can you explain how / where you 'conclude' that a year's compliance to the Directive requirements for the EU/ EEA national is 'completed' compliance..?

As *I* understand it the EU / EEA National must continue to adhere to one of the four scenarios:

To be fully covered by the European right of free movement, the EEA citizen needs to exercise one of the four treaty rights:
1/ working as an employee (this includes looking for work for a reasonable amount of time),
2/ working as a self-employed person,
3/ studying,
4/ being self-sufficient or retired.( as long as they are not an undue burden on the country of residence and have comprehensive health insurance )

Teedabus CAN apply for a Registration certificate to re-enforce his status - but it is NOT a legal requirement.

http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/

application form: http://www.ukba.homeoffice.gov.uk/sitec ... /eea11.pdf


For YOUR good lady the Residence Permit application as the Spouse / partner of an EEA/ EU national is here

http://www.ukba.homeoffice.gov.uk/sitec ... /eea21.pdf


*I* suggest you enclose a pre-paid stamp addressed special delivery / recorded delivery envelope and a covering letter with your application stating you want the passports back - as you may wish to travel - we did this and got the passports back with our Confirmation of Acceptance.. this PROVES your wife's rights to work for six months.. helps with applying for college study courses.

As for the Irish Republic.... The MAY have their national rules.. but if you have an UK residency Permit base on Directive 2004/38EC - I wouldn't let their ignorance stop you from making the trip... ;)

Good Luck...

Please don't let my minor disagreements with W*z interfere with you asking questions.. we BOTH want you to be successful ;)


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 Post subject: Re: What's next?
Post Number:#14  PostPosted: 18 Mar 2011 11:06 
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Should read >>For YOUR good lady the Residence Permit application as the Spouse / partner of an EEA/ EU national is here:<< [embarrased.gif]

Wiz - it was be great if you or someone could edit this typo and I'd be genuinely interested in your response re the 'one year is enough' compliance bit .. if that is correct I could stop paying for comprehensive medical insurance... my status in the UK is 'self-sufficient' - as I derive the bulk of my income from outside the UK.


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 Post subject: Re: What's next?
Post Number:#15  PostPosted: 18 Mar 2011 15:58 
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msmobyru wrote:
Should read >>For YOUR good lady the Residence Permit application as the Spouse / partner of an EEA/ EU national is here:<< [embarrased.gif]

Wiz - it was be great if you or someone could edit this typo and I'd be genuinely interested in your response re the 'one year is enough' compliance bit .. if that is correct I could stop paying for comprehensive medical insurance... my status in the UK is 'self-sufficient' - as I derive the bulk of my income from outside the UK.


Correction made........ [thumbs.gif]

Without searching.... I remember when I was preparing my wife's paperwork, that I read somewhere in the form..... established at least a year.....not 100% sure right now.

On the other hand I wonder, have you registered your wife and son with a doctor?

If not why not?

I never paid for any Insurance and when Hanna arrived.... went round the Doctor's centre with her Passport, entrance Visa..... and our Marriage certificate and no problem. Then we applied for her NI, went to Woking and a week later.....was here. Also I got her the EU NHIcard. Of course she has visited few times the Doctor and used other services for Free. [wink.gif]

(Later when I have more time..... I will have more close look to the links I have)

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 Post subject: Re: What's next?
Post Number:#16  PostPosted: 19 Mar 2011 15:48 
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Hi W*z

YES they are both registered and have the EHIC medical cards..

However - with my status - self sufficient - it was made a criteria that comprehensive medical cover was required. My UK citizenship was not taken into account as this was NOT the route I applied under....( in hindsight if I HAD applied using UK nationality - as I had exercised by treaty rights in Cyprus - I expect I might have saved myself a 145 GBP/ month - but having the insurance is no bad thing)

If you applied as a Greek National and Hanna is here under you being under self-sufficient status then the UK BA have the right to insist you BOTH have comprehensive medical cover !

You should check....... as this could effect Hanna's status. Just because the UK BA might not have made this a criteria of your successful application ( as we know they make mistakes ) they would no doubt make it YOUR problem :(


re the 'one year compliance thing'

I'm sorry W*z, but you are mistaken ... You need look no further than the application that Hanna and Veta will make in the future for Permanent Residency

"You will need to have been living in the United Kingdom throughout the five-year period and you will need to be able to
demonstrate that your EEA national family member has been working/seeking work, in selfemployment, studying or self-sufficient during this time


Source: http://www.ukba.homeoffice.gov.uk/sitec ... de-eea.pdf [ page 8 ]


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 Post subject: Re: What's next?
Post Number:#17  PostPosted: 19 Mar 2011 22:32 
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When we applied for her Entrance Visa, we used my Freek Passport, stated that I was a pensioner living in the UK for over 30 + years, provided al the required Docs about finances, meetings etc. Visa issued in 24 hours.

Same documents for resident card, Resident card issued in juts over 6 months.....

In none of the 2 cases we were asked to provide Health insurance......... [wink.gif]

Both applications made, before the new Guidance Notes issued in July 2009, in June and July 2008.

As you very well know they keep changing the rules..... trying to stop any immigration to the UK so I will cross that bridge when time comes........in 2 years time.........

Hanna has been working for 1 1/2 year now and I have all the requirements for a retired person plus my British nationality to confuse them.........LOL .... She was out of work on self sufficient status (supported by me) for just over a year.

I don't believe that any wife who came to UK under the directive 2004 and had a Resident card for 5 years will have any problem getting permanent status. Al they are interested is that the marriage is not a fake.......

I get more problems with ignorant airline staff than the UKBA.... frankly I believe if you show them good balance in the Bank... you get little hassle.

I am sure you realise that it will be a lot of hassle for them if they refuse Veta or Hanna a Permanent Resident Card just because of the health insurance.......... EU court for human rights etc,,,,,, [wink.gif]

[drink-coffee.gif]

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 Post subject: Re: What's next?
Post Number:#18  PostPosted: 20 Mar 2011 12:47 
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Good morning, Wiz

You appear to miss the point - the Directive makes it clear that if using the self-sufficient status - you SHOULD have sufficient comprehensive medical cover .. The Directive dates back to 2004 and this hasn't changed... If the UK BA have changed their rules then they had better be ready to apply them evenly.

This isn't about what Hanna has done.. it's about YOUR status, during the five years running up to applying for Permanent Residency

If I was in your shoes, I'd do nothing for now, see what happens when the time to apply for permanent residency comes.

IF you aren't asked to provide Comprehensive Medical Cover - Great !

In the mean time I suggest you and I both check - as I maintain there is no '1 year compliance, then you are free to do as you please' .. the EEA national must adhere to the requirements of compliance for as long as the non EEA national remains their dependant - up to the granting of permanent residency.


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 Post subject: Re: What's next?
Post Number:#19  PostPosted: 20 Mar 2011 14:16 
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msmobyru wrote:
Good morning, Wiz

You appear to miss the point - the Directive makes it clear that if using the self-sufficient status - you SHOULD have sufficient comprehensive medical cover .. The Directive dates back to 2004 and this hasn't changed... If the UK BA have changed their rules then they had better be ready to apply them evenly.

This isn't about what Hanna has done.. it's about YOUR status, during the five years running up to applying for Permanent Residency

If I was in your shoes, I'd do nothing for now, see what happens when the time to apply for permanent residency comes.

IF you aren't asked to provide Comprehensive Medical Cover - Great !

In the mean time I suggest you and I both check - as I maintain there is no '1 year compliance, then you are free to do as you please' .. the EEA national must adhere to the requirements of compliance for as long as the non EEA national remains their dependant - up to the granting of permanent residency.


Are you telling me that with my Greek Nationality I am not entitled to have a Pension and other means in this country?

If I remember correctly the last means is to be retired.... when exercising your right under the directive.

When the application was made..... I was receiving officially a pension and was declared at the time in her application. Not a D*** birt.

I have no time now to check it again but I am sure they have changed the rules after the 2006 implementation of the Directive.

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 Post subject: Re: What's next?
Post Number:#20  PostPosted: 20 Mar 2011 15:17 
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wiz wrote:

Are you telling me that with my Greek Nationality I am not entitled to have a Pension and other means in this country?


Certainly not.. Would you agree that your status ( under which you applied) was 'self-sufficient'?

wiz wrote:
I have no time now to check it again but I am sure they have changed the rules after the 2006 implementation of the Directive.


Well *I* will investigate.. as *I* want to know WHY I must pay for 'Comprehensive Medical Cover' and you don't .....


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