Help With Uk Overstay

[ste860]

i will try to keep this short

my wife's sister went to the UK on a six month visa (married to Italian) so pretty sure it was a EU type family visa.

Ive just heard she is overstayed her original visa by 1 month ,what are her options and how can she over come this

her husband is saying all sorts to her but she think he lying to just keep her there

hes no job no money and she will believe anything he says,I'm worried about her situation

any help ,would be appreciated

I'm in Thailand so limited to any physical help i can give

[VisasPlus]

If she had an EEA Family Permit as the wife of an Italian citizen, then it would have had a 6 month validity. This means only that it must be used within the six months after it was issued. It is NOT permission to remain only six months in the UK. If her husband is exercising his Treaty Rights in the UK, then she, as the spouse of an EEA national, cannot be an "overstayer". She is entitled to stay in the UK as long as her husband is there, and as long as he is properly exercising his Treaty Rights.

It does sound, however, that there may be some problems with the husband exercising his rights in the UK. It might be a good idea, especially if she wants to leave the UK, to see a qualified immigration adviser in the UK or the Citizens Advice Bureau.

[ste860]

If she had an EEA Family Permit as the wife of an Italian citizen, then it would have had a 6 month validity. This means only that it must be used within the six months after it was issued. It is NOT permission to remain only six months in the UK. If her husband is exercising his Treaty Rights in the UK, then she, as the spouse of an EEA national, cannot be an "overstayer". She is entitled to stay in the UK as long as her husband is there, and as long as he is properly exercising his Treaty Rights.

It does sound, however, that there may be some problems with the husband exercising his rights in the UK. It might be a good idea, especially if she wants to leave the UK, to see a qualified immigration adviser in the UK or the Citizens Advice Bureau.

im sure the EEA Family Permit is what they did, he has english and italian passport and used the later to get visa,they seem to have little money and i have heard.i just do not want her to have problems ,i really think her life could be better here with her family

[Eff1n2ret]

"her husband is saying all sorts to her but she think he lying to just keep her there"

If she wants to leave the UK, there's nothing to stop her, and if she came on EEA Family Permit, she has not committed any immigration offence by staying beyond the validity date, so she's not liable to arrest or any sort of enforcement action.

If she wants to remain in the UK independently of her husband, she could no longer be regarded as an 'EEA Family Member', but again, she could not be arrested for any actual offence, and the process for removing those who no longer can justify their EEA status is little used or understood by the average enforcement caseworker. But she would have nothing to show a potential employer or the DSS that she is legally in the UK, and would be forced towards a precarious existence outside the law. If she was caught with false documents she could be looking at a prison sentence of 9 - 18 months.

[the scouser]

As has already been stated, there is little the UKBA can do to require her to leave the UK.

If she and her husband divorce after they have been married for at least 3 years, and at least one of which was spent in the UK, she might qualify for retained rights of residence under European law.

Scouse.