Need confirmation there is no "deadline" for EEA(PR) apply

[ScottishLace]

Need a bit of reassurance about "expiry" date of EEA Residence Card.

Background:
I am the non-EEA spouse of an EEA/UK dual national. I was admitted to the UK in 2011 based on my husband's dual Irish/British nationality (the now-closed "McCarthy" route). I will be applying for Permanent Residence based on over five years of residing with my husband in the UK, and will be quoting the 2012 "transitional arrangements" which were put into place for those of us who were admitted on a route which has been subsequently closed. Husband has been employed full-time with the same employer throughout the entire five years plus, and we have resided together throughout that time as well.

I have a five-year Residence Card (vignette sticker) in my passport and it states: Valid until 22 Dec 2016.

As I understand it, I do not NEED this card or even "proof" of Permanent Residence to be be legally in the UK after December 22nd. Is that correct? I am currently working on completing and submitting the EEA(PR) form, but it has just been an incredibly rough year after my mother-in-law passed away, and now it's Christmas time -- I was just going to finish filling out this form and gathering evidence in a week or so.

Husband found out about this tonight and is PANICKING! He thinks I will be illegal/in danger of being deported/arrested on December 23rd, even though he is continuing to exercise his "treaty rights" and has been all along! I am self-employed, so proof of legality to provide an employer is not an issue in my case.

I have researched this extensively and was under the impression that obtaining this documentation is a mere formality. I need reassurance that this is correct. I DO intend to apply soon regardless (within 1-2 weeks), so that we can begin applying for mortgages and I can begin the process of applying for naturalisation, but can someone tonight please put my mind at ease that it CAN wait a couple of weeks and I will not be tossed out of the country? If I can work on holiday gift wrapping and not gathering evidence to submit with this application, that would make my whole week! If I need to forget the holiday and get on with this application by Thursday (the 22nd), guess I need to know that too.

I have a few other questions about the application itself, but should probably get this timing issue sorted first.

Thanks in advance for any reply!

[noajthan]

Confirmed.
Dealing with HO and immigration matters certainly lets you know you are alive doesn't it!

Worth noting a RC is just a confirmatory document.
No ninjas will come smashing through your windows (or climbing down chimney) and take you away on the day after expiry of that merely confirmatory document.

Hubby did not even have to have been exercising treaty right on his/your return to UK (as he is a BC). But don't tell him that now after almost 5 years.

Do tell hubby to relax. Put on the Val Doonican (or Robbie Williams) Christmas CD and pour some mulled wine or something.

When you come to applying for confirmation of PR, you will ofcourse need rock-solid documentary supporting evidence of your SS gig and of subsequent residence in UK (and that any absences were within limits, etc etc) since then;
- but you can safely leave it all until New Year.

[ScottishLace]

Noajthan,

If you are not a writer, you should be. Comedy... or maybe soothing bedtime stories. Thank you so much for taking the time to answer my note, and so quickly. You have put my mind at ease and if I can lure husband off the ledge with the aforementioned mulled wine (or in his case, it would probably need to be a 12-pack of hazelnut choc bars), he will feel much reassured and hopefully can stop panicking. I had no idea my calm announcement that I would apply in a couple of weeks would put him in such a state!

No truer words were ever written than yours >>> "Dealing with HO and immigration matters certainly lets you know you are alive doesn't it!"

lol - I will have to remember that one. I once said to a friend, "Whatever age I am when I die, just know it would probably have been about 1-2 years more had I not had to deal with the immigration maze."

And I cannot be held responsible for what I do if just one more person (usually a well-meaning relative) asks "What's the big deal? You're legally married to him, so you can just get right in with no problem, right? Surely all you need is a marriage certificate!" Um... yeah, right.

Oh... I did not do SS route, but the McCarthy (dual national) route. Husband has been citizen of UK since birth (Northern Ireland) and had also obtained Irish citizenship. We used the "McCarthy" route. He/we have never lived anyplace together other than Northern Ireland. I understand that McCarthy is not an option NOW, but I do meet the requirements to continue on the EEA path via the Transitional Arrangements put into place in 2012. I know this has no bearing on your response today, but just wanted to clear that up, as I will surely be asking more questions after the first of the year and all the wine has worn off.

I wish I was just brave enough to send a letter (no forms, just a letter) asking for Permanent Residence and providing the only proof they can legally require -- I would have done that back in June. I was just worried it might be viewed as antagonistic by some jobsworth HO fellow and delay the processing. And now here it is December - I should have just done that back then!

Again, thank you for your time - I always appreciate people who take their time to ease someone else's mind... it is a kind and selfless act.

S

[noajthan]

Oops, got wires crossed; you did say McCarthy and our old friend the 2012 transitional arrangement.
As long as you have your RC from back in the day all should be well.
And you are right, in that case hubby should have been exercising treaty rights (and you say he was).

Incidentally I did once live down the road from Val Doomican's nephew - never saw the great man himself in person though.
And yes, my relatives also thought it was as easy as getting married to bring my wife into the UK. Not good for the blood pressure.

Applying be letter would be very hardcore; you could also go commando and use an earlier/simpler form.
Several members have reported recent successes taking that approach, and some sort of form at least gives some sort of structure to the application.
No evidence anyone is intentionally delayed for taking that approach.

Do note it appears current (online?) HO form will be mandatory from next January or February though.

Happy to help in some small way.
And the good thing is there are many more members here, some may even chip in with variations of viewpoints too.
Stand by.