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Yes you are correct but some people advise to apply near the expiry date asSuzanka wrote:Just want to add. I phoned to HO and adviser said that it would look good if I as non-EU would send my wage slips as well as my EU spouse`s. Also he confirmed that non-EU members can apply for Residence Card at ANY TIME while on family permit visa but before it expires. (before I was told by immigration solicitor that I could only apply for one ONE MONTH before FP expires- so I wasted so much time ) May be it will be helpful to someone.
You can apply for a Residence Card ANY time after the EEA FP! Even if the permit has ALREADY expired!Suzanka wrote:Just want to add. I phoned to HO and adviser said that it would look good if I as non-EU would send my wage slips as well as my EU spouse`s. Also he confirmed that non-EU members can apply for Residence Card at ANY TIME while on family permit visa but before it expires. (before I was told by immigration solicitor that I could only apply for one ONE MONTH before FP expires- so I wasted so much time ) May be it will be helpful to someone.
21.4.15 After entry wrote:You should also explain that after entry to the UK the holder could apply to the Home Office for a residence card.
The possession of a valid residence card (presently a Home Office endorsement in the holder’s passport) will enable the holder to re-enter the UK without the need for an EEA family permit. This is providing he/she continues to qualify as a family member of an EEA national (as defined in Regulations 7, 8, 9 and 10), and is subject to the normal derogations of public policy, public security and public health.
Please note, registration certificates and residence cards are not currently required in the UK in order to be considered legally resident. (EEA nationals and their family members may choose to apply for this documentation as confirmation of their right of residence).
Rozen wrote: You can apply for a Residence Card ANY time after the EEA FP! Even if the permit has ALREADY expired!
Where did this quote from?runie80 wrote:Thats correct but it says "if your EEA FP is expired when applying for residence card this thing will be taken into consideration when deciding your application by immigration officer and can have impact on the outcome of your application.
we advise all applicants to submit applications before the expiry of the EEA FP"
and you are definitely not unlawful if your EEA FP has expired.You may apply at any time during your lawful stay in the
UK. If you apply when you are here unlawfully, that will be
taken into consideration in deciding your application.
They told me on phone when i asked them as my EEA FP was expiring.Directive/2004/38/EC wrote: Where did this quote from?
and you are definitely not unlawful if your EEA FP has expired.You may apply at any time during your lawful stay in the
UK. If you apply when you are here unlawfully, that will be
taken into consideration in deciding your application.
Rozen wrote:The EEA2 form itself says onlyand you are definitely not unlawful if your EEA FP has expired.You may apply at any time during your lawful stay in the
UK. If you apply when you are here unlawfully, that will be
taken into consideration in deciding your application.
I concur with Directive/2004/38/EC