Youth mobility visa to EEA Family Member RC

[Claire1475]

Dear all,

I'm a qualified EEA citizen (french) exercising my EU treaty rights in the UK. My husband (new Zealander) and I got married on the 1st of May. His youth mobility visa expired on the 5th of May.
We were going to apply for his residency card but I had to take a very important work trip on the 10th of May and couldn't send my passport for the application.

We checked with his HR at work and we've been told that they were happy to wait until the end of the month for us to apply.

We have now been told that hes was staying in the country illegally and that he couldn't work or stay in the UK as his visa expired.

Is it correct? Is he overstaying?

He was going to visit his brother to canada next week. Would it be better for him to leave tomorrow and apply for an EEA family permit from Canada?

I'm receiving very different information from immigration advisers and don't know who to trust anymore?

Many many thanks for your help
Claire

[Richard W]

I'm a qualified EEA citizen (french) exercising my EU treaty rights in the UK. My husband (new Zealander) and I got married on the 1st of May. His youth mobility visa expired on the 5th of May.
We were going to apply for his residency card but I had to take a very important work trip on the 10th of May and couldn't send my passport for the application.

We checked with his HR at work and we've been told that they were happy to wait until the end of the month for us to apply.

We have now been told that hes was staying in the country illegally and that he couldn't work or stay in the UK as his visa expired.

Is it correct? Is he overstaying?

He's perfectly legal. The reason is that your husband has a *right* of residence. Durable partners have to apply for permission; once granted, they are then to be treated as core family members.

He was going to visit his brother to canada next week. Would it be better for him to leave tomorrow and apply for an EEA family permit from Canada?

It depends on timing and nervousness. He can fly back to the UK like a tourist and declare that he is residing as a family member of an EEA national when he reaches immigration at the airport. I recommend that you meet him at the airport and carry evidence of your employment. He should have a marriage certificate with him, though you could take it to the airport. He may be delayed at the airport until your status has been verified.