Italian - Chinese couple (Married)

[punty]

Hi all,
I am not sure if someone sharing the same experience as us.
After 3 years living in China I moved in UK with my wife in Feb 2017. In china we got the family permit valid for 6 months (expiring in August).
In UK I have a full time permanent position.
I was told I have to wait 3 months in order to apply for a residency card for my wife (as family member of Qualified Person). So I did apply for the residency card in June.
But unfortunately we forgot to sign page 13 of the form (on the last page of Biometric enrollment form).
So after more than 2 months they sent everything back, and rejected our application.
I can't reapply for a residency card straight away because we both need to travel in January, and since the process might take more than 6 months we want to avoid the risk to be stuck in UK.

So, my wife family permit will expire in few days, should we leave the UK and apply for a new one?
Is it possible?
What about the right to work? She will still be allowed to work?
In this way we will be allowed to move the country and come back in January, and after that apply for the residency card.

Thanks in advance for your help.

[dan1988uk]

Yes, she can apply for another EEA family permit outside the UK, without the permit she can be refused to enter the UK.

[VIETY]

You might want to consider how long it will take you to apply for a Family Permit outside the UK. I was in the same situation like yours but in the end I decided to stay and apply straight away for a Residence Card. Going out of the UK to get a second Family Permit might be risky because of 2 reasons

- You don't know how long it will take. Check the recent thread regarding Family Permit and it seems to take much longer

- If for some reason, your second Family Permit is unfairly rejected, it might be difficult to enter UK again.

In any case, your wife is still allowed to worked as long as you exercise the treaty rights. However with an expired Family Permit, it might be difficult to prove so to her employer.