Non-EEA family member Visa reniew

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Old Aug 30th 2014, 12:38 am
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Question Non-EEA family member Visa reniew

Hello everyone, thank you for reading this. Me and my wife are living in UK since 2008. My wife is an EEA member (Italian National). I am a non-EEA national and my first family member Visa will expire on September/2014. I am not sure what to do next. Should I apply for PR (Permanent Resident) card using an EEA4 form? Or should I first apply for a extension if there is a specific Form for that?
Is my wife obliged to apply using an EEA3 form?
My wife had to change her name on her Italian Passaport which now shows only her family surname because it is a new rule from her country. Back on our first application in 2008 her Passport had my surname as well which is the current information the Home Office holds. Do we need to inform the Home Office about this change before submit my application for reniew my VISA? Is there a specific form for that?
I will really appreciate any help. Thank you.
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Old Aug 30th 2014, 1:05 am
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Default Re: Non-EEA family member Visa reniew

Originally Posted by John Torr
Hello everyone, thank you for reading this. Me and my wife are living in UK since 2008. My wife is an EEA member (Italian National). I am a non-EEA national and my first family member Visa will expire on September/2014. I am not sure what to do next. Should I apply for PR (Permanent Resident) card using an EEA4 form? Or should I first apply for a extension if there is a specific Form for that?
If you are eligible then I would apply for your permanent residence card using form EEA4.

https://www.gov.uk/apply-for-a-uk-re...residence-card

Is my wife obliged to apply using an EEA3 form?
No.

Note 1. There is no requirement for your EEA national family member to apply for a document certifying permanent residence and we can decide your case without them applying. However, we must receive evidence of their identity, e.g. passport or identity card. If your EEA national family member wishes to apply for a document certifying permanent residence, they may apply separately using form EEA3.
However if you're thinking about applying for British citizenship in the future then this would be very helpful when completing your applications.

My wife had to change her name on her Italian Passaport which now shows only her family surname because it is a new rule from her country. Back on our first application in 2008 her Passport had my surname as well which is the current information the Home Office holds. Do we need to inform the Home Office about this change before submit my application for reniew my VISA? Is there a specific form for that?
I will really appreciate any help. Thank you.
No. Just write your wife's maiden name on form EE4 under Section 3.5 and include your marriage certificate.
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Old Aug 30th 2014, 11:15 pm
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Default Re: Non-EEA family member Visa reniew

Thank you. Your advice was very helpful. Just for the record: the current Visa in my Passport states "Residence card of a family member of an EEA National". So, it is ok to apply for Permanent Resident then?
As our daughter is only 3 years old and she is living in UK for just 1 1/2 years, we need to apply for her using EEA 1 form or can my wife put her name on the EEA 3 form as well?
Thank you for your attention.
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Old Aug 30th 2014, 11:26 pm
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Default Re: Non-EEA family member Visa reniew

Originally Posted by John Torr
Thank you. Your advice was very helpful. Just for the record: the current Visa in my Passport states "Residence card of a family member of an EEA National". So, it is ok to apply for Permanent Resident then?
As our daughter is only 3 years old and she is living in UK for just 1 1/2 years, we need to apply for her using EEA 1 form or can my wife put her name on the EEA 3 form as well?
Thank you for your attention.
To be eligible for a Permanent Residence card you would need to have been living in the UK for five years whilst exercising your Treaty Rights. If your daughter is 3 years old but has only been living in the UK for 18 months then did your wife spent 18 months outside the UK?
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Old Aug 30th 2014, 11:45 pm
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Default Re: Non-EEA family member Visa reniew

Hello, thanks for reply. In fact, me and my wife are living in UK since 2008 but there was a gap on it because of my wife's pregnancy issues. Because of that she spent 14 months outside the UK and me 11 months. According to the rules, longer stays outside UK due to pregnancy issues will not interfere on the application , is that correct?
thank you again
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Old Aug 31st 2014, 1:03 am
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Default Re: Non-EEA family member Visa reniew

Originally Posted by John Torr
Hello, thanks for reply. In fact, me and my wife are living in UK since 2008 but there was a gap on it because of my wife's pregnancy issues. Because of that she spent 14 months outside the UK and me 11 months. According to the rules, longer stays outside UK due to pregnancy issues will not interfere on the application , is that correct?
thank you again
Only up to 12 months.

For your residence in the United Kingdom to be considered continuous, you should not be absent from the United Kingdom for more than six months each year. Longer absences for compulsory military service will not affect your residence. Additionally, a single absence of a maximum of 12 months for important reasons such as pregnancy, child birth, serious illness, study, vocational training or posting overseas will not affect your residence.
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Old Aug 31st 2014, 10:16 pm
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Default Re: Non-EEA family member Visa reniew

Hello, thank you for your reply. So, as this is a special situation my wife should send also a letter together with her application explaining what happened and why she stayed over 12 months outside?
Still, can she put our daughter on the same EEA 3 or does she need to send a EEA 1 for our child?
Thank you.
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Old Sep 3rd 2014, 12:07 am
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Default Re: Non-EEA family member Visa reniew

Originally Posted by John Torr
Hello, thank you for your reply. So, as this is a special situation my wife should send also a letter together with her application explaining what happened and why she stayed over 12 months outside?
Still, can she put our daughter on the same EEA 3 or does she need to send a EEA 1 for our child?
Thank you.
I think it unlikely your wife will now qualify but you can try. You would include your daughter on your wife's form EEA3.
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