Surinder Singh Problem; non-EU spouse over staying visa
Sep 7th 2014, 4:21 pm
#1
Just Joined
Thread Starter
Joined: Sep 2014
Posts: 1
Surinder Singh Problem; non-EU spouse over staying visa
I am a British citizen and my wife is from Ukraine, Donetsk (so you can understand why our situation is more urgent than we would like). We are living in Ireland now and have a place to rent, and I have a job. However, the border guard only gave her 30 days on her short stay C visa, rather than the maximum of 90 days. Basically, I will only have all the documents ready for her to apply for residency using the EU Form 1 around the time her visa expires, and the application process takes about a month in itself.
Basically, my question is, does anybody know if my wife is allowed to over stay her visa while she applies for residency? We're very worried, because it is obviously not an ideal time to be sending her home again, to apply for another visa to come back out, and then apply for residency.
Any help would be much appreciated. Thanks for reading this.
Basically, my question is, does anybody know if my wife is allowed to over stay her visa while she applies for residency? We're very worried, because it is obviously not an ideal time to be sending her home again, to apply for another visa to come back out, and then apply for residency.
Any help would be much appreciated. Thanks for reading this.
Sep 7th 2014, 5:32 pm
#2
Forum Regular
Joined: Jul 2014
Posts: 83
Re: Surinder Singh Problem; non-EU spouse over staying visa
I am a British citizen and my wife is from Ukraine, Donetsk (so you can understand why our situation is more urgent than we would like). We are living in Ireland now and have a place to rent, and I have a job. However, the border guard only gave her 30 days on her short stay C visa, rather than the maximum of 90 days. Basically, I will only have all the documents ready for her to apply for residency using the EU Form 1 around the time her visa expires, and the application process takes about a month in itself.
Basically, my question is, does anybody know if my wife is allowed to over stay her visa while she applies for residency? We're very worried, because it is obviously not an ideal time to be sending her home again, to apply for another visa to come back out, and then apply for residency.
Any help would be much appreciated. Thanks for reading this.
Basically, my question is, does anybody know if my wife is allowed to over stay her visa while she applies for residency? We're very worried, because it is obviously not an ideal time to be sending her home again, to apply for another visa to come back out, and then apply for residency.
Any help would be much appreciated. Thanks for reading this.
Sep 13th 2014, 9:12 am
#3
Just Joined
Joined: Sep 2014
Posts: 5
Re: Surinder Singh Problem; non-EU spouse over staying visa
I am sure there is EU law about people allowing to stay longer if there is a war in there home country, your best off seeking legal or advice from CAB or embassy sorry i cannot help further
Sep 13th 2014, 8:45 pm
#4
BE Enthusiast
Joined: Sep 2013
Posts: 360
Re: Surinder Singh Problem; non-EU spouse over staying visa
I'm not really sure, but you could email: [email protected] (EEA section) to ask for clarification.
Sep 17th 2014, 1:16 am
#5
Just Joined
Joined: Sep 2014
Posts: 5
Re: Surinder Singh Problem; non-EU spouse over staying visa
I am also considering this route and would be curious to answers.
