URGENT - Overstay after my family permit expires?

[VIETY]

Hello everyone,

This is my current situation, I hope someone can give me an advice.

I am a non-EEA Visa National, living with my European husband in the UK. My husband is working full time here and he already acquired UK Permanent Residence after 5 years.

I have an EEA Family Permit (which is valid for 6 months) and I am also working full-time

My Family Permit expired on July 10th 2017. I have not made an application for an EEA Family Member 5-year residence card because I need my passport to travel frequently. My plan is to travel to another country outside the UK in August and apply for another 6-month Family Permit to travel back to the country.

1. Today I called the Home Office just to check if it is still okay to follow my plan and I was told that if I stay here in the UK under an expired Family Permit and I have not applied for a Residence Card yet, I would be considered over-stay? Do you think if this is correct?

2. If I stay here until August, then fly out of the country and apply for another Family Permit, do you think there will be any risk?

3. I have asked a lawyer and she advised me that I was allowed to stay here, but I was not allowed to work after my permit expires and I was not allowed to travel out of the country until I receive my 5 -year residence card. Do you think if this is correct?

4. The lawyer therefore advised me to cancel all my travel plan, stay in the country and apply for the residence card. Even in that case, with my expired Family Permit and I am not sending my application for residence card yet, am I allowed to work in the country?

I will appreciate all the advice you have for me.

Many thanks

VIETY

[Richard W]

1. Today I called the Home Office just to check if it is still okay to follow my plan and I was told that if I stay here in the UK under an expired Family Permit and I have not applied for a Residence Card yet, I would be considered over-stay? Do you think if this is correct?

This is wrong. If you cannot independently confirm what a Home Office helpline tells you, it is quite likely to be wrong. Under British law, you do not have to apply for a residence card, just as you do not need to be able to drive a car.

2. If I stay here until August, then fly out of the country and apply for another Family Permit, do you think there will be any risk?

Yes. Family permits are often wrongly refused.

3. I have asked a lawyer and she advised me that I was allowed to stay here, but I was not allowed to work after my permit expires and I was not allowed to travel out of the country until I receive my 5 -year residence card. Do you think if this is correct?

As far as government action is concerned, she is completely wrong. However, you may be unfairly suspended or sacked from work if your residence card expires with no form of replacement.

4. The lawyer therefore advised me to cancel all my travel plan, stay in the country and apply for the residence card. Even in that case, with my expired Family Permit and I am not sending my application for residence card yet, am I allowed to work in the country?

That plan carries the least risk of problems. Legally you may work, but I think you have no legal protection against unfair dismissal for lack of a non-mandatory document. Directive 2004/38/EC declares that possession of some sort of EEA documentation may not be made a condition of employment. This has not been transposed into British law.

[VIETY]

Thank you Richard very much for your reply. I really appreciate it.

Can I have a further question please.

I have already made an online application for the EEA Family permit (while I am still in the UK and while my current permit is still valid). I have booked an appointment to send my supporting documents at an VFS office in Thailand in August.

In case I change my plan, I would like to stay in the UK and apply immediately for the Residence Card, will it be a problem? As I understand that having 2 applications at the same time will void it each other?

I understand that you can cancel the appointment at VFS Office, but do you think my EEA Family Permit online application has already reached Home Office and it will be a problem if I now send another application for Residence Card.

Thanks a lot

[angel0317]

Hello everyone,

I have exactly the same situation like VIETYY. I am a Non-EEA national married to a EEA National for 2 years now. I was issued a EEA Family Permit which will expire this coming 27th July 2017. I am on the process of completing all the documents for the Residence Card application and plan to send it in the next few days atleast before my EEA FM expires. But due to unexpected circumstances, I may not be able to send it as planned. The situation would be like, I will only be able to send it on the 1st/2nd of August which by now my EEA FM expired. Now I am in a big dilemma.

1. Would that be a ground for a refusal when you send your application after your EEA FM expired?

2. My husband just started a full time job last month. Would that be a problem if I only submitted a bank statement with a month salary and wages?

3. I arrived here in UK early of February 2017 but we lived and worked in the Channel Islands (Guernsey) from March to early May before we decided to move here in the mainland UK middle of May. Should I enclose a letter about this on my application? Just in case the HO will question why I haven't applied for a Residence Card before it expired?

4. My husband doesn't have a Registration Certificate nor applying for one because he has been working in the Channel Island (Jersey) for the last 6 years but on a seasonal contract. States of Jersey and Guernsey have their own Laws hence they don't require citizen of EU to have that. Will that be a problem as well?

I hope somebody can give advice.

Thank you very much

Angel0317

[VIETY]

1. Would that be a ground for a refusal when you send your application after your EEA FM expired?

Hello angel0317

I have decided to go ahead and apply for my Residence Card. I don't think this would be a ground for a refusal as by law you are allowed to stay here even when your EEA FM expired and you don't have to apply for a Residence Card

2. My husband just started a full time job last month. Would that be a problem if I only submitted a bank statement with a month salary and wages?

I think you should also include a letter from his employer certifying that he is working for them

3. I arrived here in UK early of February 2017 but we lived and worked in the Channel Islands (Guernsey) from March to early May before we decided to move here in the mainland UK middle of May. Should I enclose a letter about this on my application? Just in case the HO will question why I haven't applied for a Residence Card before it expired?

I think you should. I also enclose a cover letter from myself and another one from my husband detailing our relationship...

4. My husband doesn't have a Registration Certificate nor applying for one because he has been working in the Channel Island (Jersey) for the last 6 years but on a seasonal contract. States of Jersey and Guernsey have their own Laws hence they don't require citizen of EU to have that. Will that be a problem as well?

I don't think it is a problem. But again it is just my personal opinion

good luck with your application

[angel0317]

Hi VIETY,

Thank you so much for your reply. I really appreciate it as I am bothered by these.
I really hope and wish that our application will be granted.
Good luck to yours as well.

Kind regards,

[salmuzeey]

Thank you so much for this can please either of you update us on your situations? Have u been successful?

[VIETY]

Thank you so much for this can please either of you update us on your situations? Have u been successful?

I have just sent my application for a EEA RC last July so I guess I will have a long way to wait. Having said that, I have received a confirmation email with case ID just a couple of days ago

[salmuzeey]

Thank you so much for this can please either of you update us on your situations? Have u been successful?

I have just sent my application for a EEA RC last July so I guess I will have a long way to wait. Having said that, I have received a confirmation email with case ID just a couple of days ago

Thats grand:) please keep us posted. Are you not chasing for ur COA? It has been 3 weeks already and we havent received any confirmation yet do you know how we should go about it?

[VIETY]

I have received my COA, I think around September 5. Has yours arrived yet? I am not entirely sure how you can chase that up, I understand from other threads it might be worth asking your local MP to get involved?

[degtom]

Hi Viety,

May I ask did you get your passport back upon receiving the COA? Or do you have to apply separately to get it back? Also how long (working days) did it take for you to get the COA (with right to work?)?

Thanks!

[VIETY]

No, I didn't ask for my passport back. I think in total it took me about 5 weeks to receive the COA with right to work

[VIETY]

Hello everyone,

A quick update for my story. I have just got my documents returned yesterday with a letter for Home Office saying that my residence card will arrive in the next 10 working days. So in total it took me just about 3 months for the total application process. The detail timeline is as below:

Application posted on : 23/07/2017
Received by UKVI/HO on : 26/07/2017
Payment taken: 28/07/2017
Home Office Email: 23/08/2017
Biometrics letter received: 25/8/2017
Biometrics enrolled: 28/8/2017
COA With Work : 5/09
Documents Returned on: 19/10
Resident Card Received on : in the next 10 working days.

An advice for anyone who is in the same situation as mine: when your family permit expired but you have not got a chance to apply for a residence card, yes you are allowed to stay here legally and you are allowed to work. Don't listen to threatening advice from immigration lawyers or even from Home Office advisers.

Good luck everyone

[Rosana801]

Hello everyone,

I have a situation here, please I need help.
I have a family permit from november 28th to may 28th. My husband is Italian citizen. We arrived in london together in february 28th so basically we have been here for less than 3 months.

The issue is that my husband (whose english is not very good) was working and he quit his job because he had back pain. He hasnt go to the doctor because he know that he is limited with his back so he cannot do any job for example be stand up for many hours or lift heavy things.

Actually my husband has a an informal job which I believe is self employed (he has only been working 10 days), he is helping a man to move things (not heavy things of course) from house to houses or storages. He has no contract and he is paying in cash so he doesnt have any prove of job.

I know that I should apply for my residence card but how can I explain to home office this situation if my husband doesnt have any documents. Should he become a self employed. How can I apply for my residency card?

What happens if my family permit expires?? Should I wait until my husband finds a formal job? Or should I apply before my permit expires. I am working as a ballet teacher (self employed) in 2 schools and I don't want to have any problems here.

Thank you

[_hmld_]

1. Would that be a ground for a refusal when you send your application after your EEA FM expired?

Hello angel0317

I have decided to go ahead and apply for my Residence Card. I don't think this would be a ground for a refusal as by law you are allowed to stay here even when your EEA FM expired and you don't have to apply for a Residence Card

2. My husband just started a full time job last month. Would that be a problem if I only submitted a bank statement with a month salary and wages?

I think you should also include a letter from his employer certifying that he is working for them

3. I arrived here in UK early of February 2017 but we lived and worked in the Channel Islands (Guernsey) from March to early May before we decided to move here in the mainland UK middle of May. Should I enclose a letter about this on my application? Just in case the HO will question why I haven't applied for a Residence Card before it expired?

I think you should. I also enclose a cover letter from myself and another one from my husband detailing our relationship...

4. My husband doesn't have a Registration Certificate nor applying for one because he has been working in the Channel Island (Jersey) for the last 6 years but on a seasonal contract. States of Jersey and Guernsey have their own Laws hence they don't require citizen of EU to have that. Will that be a problem as well?

I don't think it is a problem. But again it is just my personal opinion

good luck with your application

Hi Viety,

Thanks for sharing your experience!
I would really like to know if you canceled your submitted family permit application by the time you decided to apply for RC ? Or can you apply both of them at the same time? As I want to apply for a family permit before my current visa expires, (given the reason is Family Permit seems to have a shorter processing time, also right to work while waiting for the decision, which as an unmarried partner, I can't work while my Resident card application is pending)..

really appreciate your reply even tho it has been a while.

[JimNz]

Hello everyone,

I have a situation here, please I need help.
I have a family permit from november 28th to may 28th. My husband is Italian citizen. We arrived in london together in february 28th so basically we have been here for less than 3 months.

The issue is that my husband (whose english is not very good) was working and he quit his job because he had back pain. He hasnt go to the doctor because he know that he is limited with his back so he cannot do any job for example be stand up for many hours or lift heavy things.

Actually my husband has a an informal job which I believe is self employed (he has only been working 10 days), he is helping a man to move things (not heavy things of course) from house to houses or storages. He has no contract and he is paying in cash so he doesnt have any prove of job.

I know that I should apply for my residence card but how can I explain to home office this situation if my husband doesnt have any documents. Should he become a self employed. How can I apply for my residency card?

What happens if my family permit expires?? Should I wait until my husband finds a formal job? Or should I apply before my permit expires. I am working as a ballet teacher (self employed) in 2 schools and I don't want to have any problems here.

Thank you

Rosana, register your husband with a jobcenterplus in your area ASAP. he will be registered as a jobseeker and will actually have proof of seeking jobs. then apply for a residence permit FM for you and a registration certificate QP for him. these are two different applications but they are sent in the same envelope.

meanwhile, you are allowed to work and don't let anyone tell you otherwise.

[move to the uk]

Hi everyone. So I am moving from Spain with my German citizen husband to the UK next month, on family permit which expires mid April. Will I be able to apply for the residence card right away, to guarantee my right to work (looks like it can be a problem to get a job having only an EEA Permit)? Thank you!