EEA FP and RC applications in parallel. Possible?

[johnnybaloney]

Hello visa warriors!


Is it possible to apply for another EEA Family Permit (FP) while the Residence Card (RC) application is still pending and the first FP has not expired yet?

Here is my plan:

• I apply for and get FP 1
• I enter UK
• I apply for RC and request passport back
• I leave UK
• I apply for FP 2 (I assume that you can't have two FPs that overlap but applying for another one before the expiry date of the previous one is ok)
• FP 1 expires
• FP 2 issued
• I get back to UK
• RC issued

and the question is about the FP 2 application while the RC application is under review.

Some points I base my plan on:

• you can only ever apply for FP from outside of the UK
• FP is a multiple entry document
• you can apply for another FP even before the previous one has expired
• there is no such thing as FP "renewal" - you basically apply as if you were doing it for the first time
• you can get your passport back before you get the RC

Thanks!

[noajthan]

Where is sponsor?
How long outside UK?
Why? to what purpose?
And don't bank on getting passport back.

If outside 6 months you break continuity of residence.

[johnnybaloney]

Hey noajthan,

Sponsor is in the UK the entire time. Outside of UK for 2-3 months, nothing in particular, finalising personal matters, family visit etc.

Is it likely that I won't be able to get the passport back before the RC application process has finished?

Why do you mention continuity of residence? Am I required to be in the UK for most of the period covered by FP or when applying for the RC?

[noajthan]

Hey noajthan,

Sponsor is in the UK the entire time. Outside of UK for 2-3 months, nothing in particular, finalising personal matters, family visit etc.

Is it likely that I won't be able to get the passport back before the RC application process has finished?

Why do you mention continuity of residence? Am I required to be in the UK for most of the period covered by FP or when applying for the RC?

Your timeline is not clear.

if you plan to stay away for months and months then continuity of residence may break (if it had started).
If only a few weeks/month or so then 1 FP should cover you anyway.

FP is multi-entry so you can go back and forth.

[johnnybaloney]

I simplified the question as much as possible because I was expecting the answer would be simple as well - I can (or not) apply for FP2 while RC application is under consideration (and FP1 is still valid).

If it's not that simple here is the plan, I hope it is clearer now (this chart will not look good on small devices):

Code: Select all

                                     |<---- up to 3 months away --->|
                                     |                              |
          months passed              |             | 1 month |      |
          0      1     2             5     5.5     6   gap   0      1
          |      |     |             |     |       |         |      |
FP1 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX|         |      |             FP1
FP2       |      |     |             |     |       |         XXXXXXXXXXXXXXXXXXXX FP2
RC        |      |     |             |     |       |         |      |     XXXXXXX RC
          |      |     |             |     |       |         |      |
   -|-----|------|-----|-----|-------|-----|-------|---------|------|-----|----->
    apply FP1    enter apply request leave apply   FP1       FP2    enter RC
    FP1   issued UK    for   pass    UK    FP2     expiry    issued UK    issued
                       RC    back

The reason FP1 is likely not to cover me is because I'm planning to leave UK near the end of FP1, and because the application for RC is not going to be made immediately on the day FP1 is issued I may need FP2.

Why do I need to be concerned with the continuity of residence? Is the continuous residence required once I've applied for RC and it's under consideration?

[noajthan]

You don't need to worry about continuity if gap is less than 6 months.

[johnnybaloney]

Great, thanks for clearing this up.

So when it comes to applying for FP2 while the RC application is in progress, is this allowed? Is my plan feasible (apart from that uncertainty about getting the passport back you mentioned)?

[noajthan]

Great, thanks for clearing this up.

So when it comes to applying for FP2 while the RC application is in progress, is this allowed? Is my plan feasible (apart from that uncertainty about getting the passport back you mentioned)?

All I know is members have reported going abroad (whilst a RC application was pending) and getting a FP to return to UK.
They probably wouldn't have had 2 FPs on the go ofcourse, only 1.
You'd have to search out their old posts to check.

[johnnybaloney]

Ok, I will see if I can find anything. Thanks for your help noajthan