EEA Family Permit and Residency Card process if you already reside in the UK

[Piet]

Hi there,

I've been reading through a lot of the guidance available online, but I feel like I don't have a clear understanding of all the complexities just yet - any advice from someone familiar with the process will be greatly appreciated.

Background:

• I am a South African who has been living in the UK since August 2016 on a Tier 4 Student Visa, as I am doing a full-time MBA here.

• I have Biometric Residence Permit (BRP) that is technically valid until November 2018, although my understanding is that this will get recalled at some earlier point, after I graduate and the business school informs the home office of my graduation.

• This BRP allows me to work up to 20 hours a week during term and full-time during study breaks/holidays.

• I got married to an EU (Dutch) national in March 2017, and she has been working in the UK full-time in a permanent role since January 2017.

• I should finish up the majority of my academic requirements by December 2017, and hence I am looking to start working in the UK full-time by January/February 2018 (providing I can find the right job, of course).

My main questions are:

• Do I still need to apply for an EEA Family Permit to be eligible to work, or can I apply straight for the EEA Residency Card (since I'm already here)?

• Is there any way whatsoever for expediting this process (I've heard it normally takes a full 6 months, and being without a passport for that long could be a real challenge for me, as my father passed away recently and I still need to go back home fairly often to help my mother with things that need to be sorted out)?

Thanks in advance.

[greatscott]

Hello Piet, I will give you my advice. This forum was very good, but seems a little loose these days. The really clever guys seem to have withdrawn a bit.

1. Dont need FP, can apply straight for RC

2. Send a self addressed registered envelope with (your post office will do this for you) and also in your cover letter ask them to return your passport asap as you need it for emergency travel.
There is also a .gov.uk web site where you can request return of your passport. Do that as well.

They are good that way. I never waited more than 6 weeks for any of our passports to be returned.
For RC expect up to 6 months.

[dan1988uk]

If your EEA spouse will apply for QP or PR same time and same envelope of your RC application you can both use the European Passport Return Service going to one of the offices that offer this service and they just photocopy your passports and hand them back to you immediately.

[yw51]

If your EEA spouse will apply for QP or PR same time and same envelope of your RC application you can both use the European Passport Return Service going to one of the offices that offer this service and they just photocopy your passports and hand them back to you immediately.

Hi dan1988,
Thanks for your response. Very useful information.
I'm in a very similar situation.
I'm currently holding a Tier 4 student visa, which expires on 19th January 2018.
I actually got a job offer and the employer hopes me to start on 20th November.

My partner and I are thinking of using the method dan1988 mentioned.
We have 3 questions:
1.Can I leave the UK and return to the UK before the RC is issued and after my current Tier 4 visa expires? The job I'm getting requires international travels;

2.My partner is a Spanish citizen, who has been living in the UK as a QP for 5 years. But he never declared in the Spanish embassy that he's residing here. So, will the application of QP give him any troubles? Will the Spanish embassy be informed?

3.If I submit my application next week, the time can be quite tight for me to receive the certificate of application to start working on 20th November? Will the employer be able to do the online check before the COA is issued?

Sorry if I interrupted the conversations here. But I think there might be useful information from my questions.
Many thanks to everyone!

[yw51]

If your EEA spouse will apply for QP or PR same time and same envelope of your RC application you can both use the European Passport Return Service going to one of the offices that offer this service and they just photocopy your passports and hand them back to you immediately.

Hi dan1988,
Thanks for your response. Very useful information.
I'm in a very similar situation.
I'm currently holding a Tier 4 student visa, which expires on 19th January 2018.
I actually got a job offer and the employer hopes me to start on 20th November.

My partner and I are thinking of using the method dan1988 mentioned.
We have 3 questions:
1.Can I leave the UK and return to the UK before the RC is issued and after my current Tier 4 visa expires? The job I'm getting requires international travels;

2.My partner is a Spanish citizen, who has been living in the UK as a QP for 5 years. But he never declared in the Spanish embassy that he's residing here. So, will the application of QP give him any troubles? Will the Spanish embassy be informed?

3.If I submit my application next week, the time can be quite tight for me to receive the certificate of application to start working on 20th November? Will the employer be able to do the online check before the COA is issued?

Sorry if I interrupted the conversations here. But I think there might be useful information from my questions.
Many thanks to everyone!

Hi everyone, me again. I had a look at this page: https://visas-immigration.service.gov.uk/product/eea-qp
It seems that the online application cannot include the family member's RC application?
As it says "By completing this form, you and any dependants will only be considered for EEA (QP) - Registration Certificate (EEA or Swiss National). You will not be considered for any other type of leave to remain. You must use a different form if you want to stay for another reason."
And application with the paper form is not eligible for the passport return service: https://www.gov.uk/government/publicati ... orm-eea-qp

[Piet]

Hello Piet, I will give you my advice. This forum was very good, but seems a little loose these days. The really clever guys seem to have withdrawn a bit.

1. Dont need FP, can apply straight for RC

2. Send a self addressed registered envelope with (your post office will do this for you) and also in your cover letter ask them to return your passport asap as you need it for emergency travel.
There is also a .gov.uk web site where you can request return of your passport. Do that as well.

They are good that way. I never waited more than 6 weeks for any of our passports to be returned.
For RC expect up to 6 months.

Thanks so much for the feedback - I really appreciate it!

Just a follow up question regarding the fact that I don't need a Family Permit: If I get my passport back, and I am able to travel back home, how would I gain entry into the UK again (I noticed on another thread on the forum that a valid Family Permit helps for this)? If my BRP is still valid, then this should not be a problem, but I'm assuming I'll have a problem as soon as it expires. Is that correct?

Thanks in advance!

[Piet]

If your EEA spouse will apply for QP or PR same time and same envelope of your RC application you can both use the European Passport Return Service going to one of the offices that offer this service and they just photocopy your passports and hand them back to you immediately.

Thanks so much - I really appreciate the feedback!

By QP, I'm assuming you refer to Certificate of Registration - please just let me know if I'm not interpreting that correctly.

This definitely seems like the best way to do it. Have you by any chance used it for this specific purpose successfully? Based on the Gov.UK site it looks like it can work - I'm just a little nervous that it would affect the likelihood of the residence card application being approved.

Thanks again!

[Piet]

If your EEA spouse will apply for QP or PR same time and same envelope of your RC application you can both use the European Passport Return Service going to one of the offices that offer this service and they just photocopy your passports and hand them back to you immediately.

Hi dan1988,
Thanks for your response. Very useful information.
I'm in a very similar situation.
I'm currently holding a Tier 4 student visa, which expires on 19th January 2018.
I actually got a job offer and the employer hopes me to start on 20th November.

My partner and I are thinking of using the method dan1988 mentioned.
We have 3 questions:
1.Can I leave the UK and return to the UK before the RC is issued and after my current Tier 4 visa expires? The job I'm getting requires international travels;

2.My partner is a Spanish citizen, who has been living in the UK as a QP for 5 years. But he never declared in the Spanish embassy that he's residing here. So, will the application of QP give him any troubles? Will the Spanish embassy be informed?

3.If I submit my application next week, the time can be quite tight for me to receive the certificate of application to start working on 20th November? Will the employer be able to do the online check before the COA is issued?

Sorry if I interrupted the conversations here. But I think there might be useful information from my questions.
Many thanks to everyone!

Hi everyone, me again. I had a look at this page: https://visas-immigration.service.gov.uk/product/eea-qp
It seems that the online application cannot include the family member's RC application?
As it says "By completing this form, you and any dependants will only be considered for EEA (QP) - Registration Certificate (EEA or Swiss National). You will not be considered for any other type of leave to remain. You must use a different form if you want to stay for another reason."
And application with the paper form is not eligible for the passport return service: https://www.gov.uk/government/publicati ... orm-eea-qp

I think he meant two separate applications, but just doing them at the same time and sending in the required documentation in the same envelope?

[Richard W]

I think he meant two separate applications, but just doing them at the same time and sending in the required documentation in the same envelope?

I disagree. If you read recent posts, you will find reports of non-EU family members getting their sponsor to apply for a RC so that the non-EU family member can keep their passport.

As to how to get back, the answer seems to depend on where you're travelling to and for how long. In principle, you just apply for a family permit. If you could wrangle it, a 'wet ink stamp', i.e. the EEA Regulations stamp, from coming back to the UK by or under the surface would be the answer. That should then be good enough for flying back to the UK for 6 months.

[greatscott]

We were on a slightly different trajectory Piet, and we played it safe by not going out the country until RC received......BUT.....in your case the COA (you receive a couple of weeks after RC application sent) would surely do the job.

Thats my contribution, happy to be corrected....and good luck.

Hello Piet, I will give you my advice. This forum was very good, but seems a little loose these days. The really clever guys seem to have withdrawn a bit.

1. Dont need FP, can apply straight for RC

2. Send a self addressed registered envelope with (your post office will do this for you) and also in your cover letter ask them to return your passport asap as you need it for emergency travel.
There is also a .gov.uk web site where you can request return of your passport. Do that as well.

They are good that way. I never waited more than 6 weeks for any of our passports to be returned.
For RC expect up to 6 months.

Thanks so much for the feedback - I really appreciate it!

Just a follow up question regarding the fact that I don't need a Family Permit: If I get my passport back, and I am able to travel back home, how would I gain entry into the UK again (I noticed on another thread on the forum that a valid Family Permit helps for this)? If my BRP is still valid, then this should not be a problem, but I'm assuming I'll have a problem as soon as it expires. Is that correct?

Thanks in advance!

[Richard W]

We were on a slightly different trajectory Piet, and we played it safe by not going out the country until RC received......BUT.....in your case the COA (you receive a couple of weeks after RC application sent) would surely do the job.

I don't believe any competent cautious airline would accept a CoA.