URGENT - Overstay after my family permit expires?

[Zadith14]

Hello everyone

My husband has a family permit and we would like to know the next visa application that he requires. I am EEA national and I am exercising my treaty rights.

1. What type of visa my husband require to apply before his family permit visa expire?
2. What is the supporting documents we require to apply?
3. Can we both apply for permanent residency? It is not a mandatory requirement for me as EEA national but with this brexit in the corner, I would like to start look at options of either changing my nationality in the future or retains both EU and apply for British citizenship to have a double nationality but not sure how it will affect my husband's status in the UK.

I would really appreciate your guidance and advice

Thanks in advance

[Fbiboy2002]

why he dosn't apply for Eu Settlment scheme , pre settle statues ?
im sure he can do that !

[Zadith14]

Hi Fbiboy2002

Thanks for the reply. I just don't know the process of pre-settlement scheme. Is it the same as settlement? I applied for eu settlement scheme and was granted ILR only confirmed by email. How will he prove that he can work etc to employers without a legal document as to date there is no clear document for the schemes. Is the pre-settle same process as the settlement? I would really appreciate your advice

[Fbiboy2002]

Hi Fbiboy2002

Thanks for the reply. I just don't know the process of pre-settlement scheme. Is it the same as settlement? I applied for eu settlement scheme and was granted ILR only confirmed by email. How will he prove that he can work etc to employers without a legal document as to date there is no clear document for the schemes. Is the pre-settle same process as the settlement? I would really appreciate your advice

for him he will be issued with pre settlement card 5 years and when he will apply he will need your statues number to connect it with his statues..
i think as he dosn't hold biometric card will have to do paper form call settlment scheme resolution center for ordering the form ! i think few members here have done that..

[Zadith14]

Thanks a lot for your guidance Fbiboy2002. How to find their contact details to call? Is it free to contact them? Does this mean he doesn't need to apply for EU residency card if he applies for pre-settlement? Will he get a pre-settlement document that will allow him to work or study in the UK after his family permit expires?

Thanks again

[Fbiboy2002]

Thanks a lot for your guidance Fbiboy2002. How to find their contact details to call? Is it free to contact them? Does this mean he doesn't need to apply for EU residency card if he applies for pre-settlement? Will he get a pre-settlement document that will allow him to work or study in the UK after his family permit expires?

Thanks again

EU Settlement Resolution Centre
Telephone: 0300 123 7379
Monday to Friday (excluding bank holidays), 8am to 8pm
Saturday and Sunday, 9:30am to 4:30pm
Here you can find about call charges
https://www.gov.uk/call-charges
Pre settled statues will allow him to work and study
Usually he will get COA after applying with his right of work

[Zadith14]

Thanks a lot Fbiboy2002. May I ask what is a COA?

[Fbiboy2002]

Thanks a lot Fbiboy2002. May I ask what is a COA?

Certificate Of Application

[iwolga]

Thanks a lot Fbiboy2002. May I ask what is a COA?

May I suggest you read FAQ placed here? I assume it’ll give you some understanding of the path: eea-route-applications/eea-faqs-common- ... 14867.html

Please note that there are currently 2 routes available for you to apply. Here is the comparison:
eea-route-applications/eea-rc-pr-vs-pre ... ?hilit=EEA

[Zadith14]

Thanks a lot Fbiboy2002. May I ask what is a COA?

May I suggest you read FAQ placed here? I assume it’ll give you some understanding of the path: eea-route-applications/eea-faqs-common- ... 14867.html

Please note that there are currently 2 routes available for you to apply. Here is the comparison:
eea-route-applications/eea-rc-pr-vs-pre ... ?hilit=EEA

Thanks a lot @iwolga for referring me to look at the 2 optioms above for residence card and pre-settlement. I got an insight into thw 2 options for my husband who is a non-eea with family pemit. I also called the number provided by gov website about pre-settlement, they have advised me to apply for him online and they will be section that implies my details to his application and we will have to send his documents to the home office for an approval. They also mentioned that he has the eight to work by providing the code to employers via the gov website https://www.gov.uk/prove-right-to-work. Residence card also seems good as he will get the residence card however I note it will not continue after 30 December 2020. I am wondering whether a different card will be issued to prove right to work etc

[iwolga]

Thanks a lot Fbiboy2002. May I ask what is a COA?

May I suggest you read FAQ placed here? I assume it’ll give you some understanding of the path: eea-route-applications/eea-faqs-common- ... 14867.html

Please note that there are currently 2 routes available for you to apply. Here is the comparison:
eea-route-applications/eea-rc-pr-vs-pre ... ?hilit=EEA

Thanks a lot @iwolga for referring me to look at the 2 optioms above for residence card and pre-settlement. I got an insight into thw 2 options for my husband who is a non-eea with family pemit. I also called the number provided by gov website about pre-settlement, they have advised me to apply for him online and they will be section that implies my details to his application and we will have to send his documents to the home office for an approval. They also mentioned that he has the eight to work by providing the code to employers via the gov website https://www.gov.uk/prove-right-to-work. Residence card also seems good as he will get the residence card however I note it will not continue after 30 December 2020. I am wondering whether a different card will be issued to prove right to work etc

From your description I understand that you will go with EU Settlement Scheme right away. Your husband will be issued a card and status which will be valid for 5 years. As this is a UK immigration scheme you will not need to do anything for Brexit. The card will not expire on 31st of December next year.

An old scheme card will not be valid without Settlement application done before 31/12/20. I however understand that the card itself will not be exchanged unless expired or needs an upgrade for permanent residence card

[iwolga]

Ow, and I hope you understand that at least for now your husband can’t be an overstayer. Yes, because of Brexit you need to apply for Settlement Scheme (and I tend to believe the sooner the better). No, he won’t become an overstayer after the expiration of FP. As long as you are a qualified person in UK exercising your Treaty rights AND you are legally married, he is legal having the right to work, NHS access and the rest. Basically he enjoys the same benefits that are available to you.

[Zadith14]

Thanks a lot Fbiboy2002. May I ask what is a COA?

May I suggest you read FAQ placed here? I assume it’ll give you some understanding of the path: eea-route-applications/eea-faqs-common- ... 14867.html

Please note that there are currently 2 routes available for you to apply. Here is the comparison:
eea-route-applications/eea-rc-pr-vs-pre ... ?hilit=EEA

Thanks a lot @iwolga for referring me to look at the 2 optioms above for residence card and pre-settlement. I got an insight into thw 2 options for my husband who is a non-eea with family pemit. I also called the number provided by gov website about pre-settlement, they have advised me to apply for him online and they will be section that implies my details to his application and we will have to send his documents to the home office for an approval. They also mentioned that he has the eight to work by providing the code to employers via the gov website https://www.gov.uk/prove-right-to-work. Residence card also seems good as he will get the residence card however I note it will not continue after 30 December 2020. I am wondering whether a different card will be issued to prove right to work etc

From your description I understand that you will go with EU Settlement Scheme right away. Your husband will be issued a card and status which will be valid for 5 years. As this is a UK immigration scheme you will not need to do anything for Brexit. The card will not expire on 31st of December next year.

An old scheme card will not be valid without Settlement application done before 31/12/20. I however understand that the card itself will not be exchanged unless expired or needs an upgrade for permanent residence card

If I understand correctly, our best option will be pre-settlement status since it is also a mandatory for EEA and their family. However when I called them today they did not say he will receive a card to state his status. Does he still to apply for RC even after he is granted pre'settle status? What would you recommend we do? Lawyers are not giving me much guidance and I don't want to spent a lot of money with them if we can do it ourselves.

[iwolga]

May I suggest you read FAQ placed here? I assume it’ll give you some understanding of the path: eea-route-applications/eea-faqs-common- ... 14867.html

Please note that there are currently 2 routes available for you to apply. Here is the comparison:
eea-route-applications/eea-rc-pr-vs-pre ... ?hilit=EEA

Thanks a lot @iwolga for referring me to look at the 2 optioms above for residence card and pre-settlement. I got an insight into thw 2 options for my husband who is a non-eea with family pemit. I also called the number provided by gov website about pre-settlement, they have advised me to apply for him online and they will be section that implies my details to his application and we will have to send his documents to the home office for an approval. They also mentioned that he has the eight to work by providing the code to employers via the gov website https://www.gov.uk/prove-right-to-work. Residence card also seems good as he will get the residence card however I note it will not continue after 30 December 2020. I am wondering whether a different card will be issued to prove right to work etc

From your description I understand that you will go with EU Settlement Scheme right away. Your husband will be issued a card and status which will be valid for 5 years. As this is a UK immigration scheme you will not need to do anything for Brexit. The card will not expire on 31st of December next year.

An old scheme card will not be valid without Settlement application done before 31/12/20. I however understand that the card itself will not be exchanged unless expired or needs an upgrade for permanent residence card

If I understand correctly, our best option will be pre-settlement status since it is also a mandatory for EEA and their family. However when I called them today they did not say he will receive a card to state his status. Does he still to apply for RC even after he is granted pre'settle status? What would you recommend we do? Lawyers are not giving me much guidance and I don't want to spent a lot of money with them if we can do it ourselves.

He will get the card as the result of his Settlement Scheme application. No need to apply separately. The rule is: if there is an existing BRC, they only do online status change linked to the card. If no card was issued before, they issue it at the end of Settlement Scheme application.

I’m myself waiting for the decision and card (and I have FP), so 100% match with what you are asking. My consultant was also just explaining 2 possible routes for me.

My decision was to try to get EEA2 card, which is an old route according to EU rules. The reasoning behind this was:
1. I need Schengen visa for traveling. It’s easier to get visa/no visa required with EEA card. I hope that this won’t be cancelled due to Brexit (but it is a possibility it will)
2. My husband and I don’t plan to live in UK for the rest of our lives (at least for now), so it can be handier for my future relocation to the continent to have EU card. Of course, I don’t know how it’s gonna be handled later with Brexit. I assume there’s still a chance there’s going to be some adjustment period, which we may use to relocate.
3. My plan is to get the citizenship of my husband rather than UK citizenship. Though there is no legal requirement to live in EU to naturalize, something tells me it may be easier.

All of the above is just my opinion and a bit of speculation over unknown Brexit outcome, so don’t take it as advice. This is just me sharing my chain of thoughts.

My husband had already got his pre-settled status in September, so once I receive my card (hopefully!), I will indeed apply for the pre-settlement quoting his application number. Yes, it is extra step but I decided to do it.

[Zadith14]

Thanks a lot @iwolga for referring me to look at the 2 optioms above for residence card and pre-settlement. I got an insight into thw 2 options for my husband who is a non-eea with family pemit. I also called the number provided by gov website about pre-settlement, they have advised me to apply for him online and they will be section that implies my details to his application and we will have to send his documents to the home office for an approval. They also mentioned that he has the eight to work by providing the code to employers via the gov website https://www.gov.uk/prove-right-to-work. Residence card also seems good as he will get the residence card however I note it will not continue after 30 December 2020. I am wondering whether a different card will be issued to prove right to work etc

From your description I understand that you will go with EU Settlement Scheme right away. Your husband will be issued a card and status which will be valid for 5 years. As this is a UK immigration scheme you will not need to do anything for Brexit. The card will not expire on 31st of December next year.

An old scheme card will not be valid without Settlement application done before 31/12/20. I however understand that the card itself will not be exchanged unless expired or needs an upgrade for permanent residence card

If I understand correctly, our best option will be pre-settlement status since it is also a mandatory for EEA and their family. However when I called them today they did not say he will receive a card to state his status. Does he still to apply for RC even after he is granted pre'settle status? What would you recommend we do? Lawyers are not giving me much guidance and I don't want to spent a lot of money with them if we can do it ourselves.

He will get the card as the result of his Settlement Scheme application. No need to apply separately. The rule is: if there is an existing BRC, they only do online status change linked to the card. If no card was issued before, they issue it at the end of Settlement Scheme application.

I’m myself waiting for the decision and card (and I have FP), so 100% match with what you are asking. My consultant was also just explaining 2 possible routes for me.

My decision was to try to get EEA2 card, which is an old route according to EU rules. The reasoning behind this was:
1. I need Schengen visa for traveling. It’s easier to get visa/no visa required with EEA card. I hope that this won’t be cancelled due to Brexit (but it is a possibility it will)
2. My husband and I don’t plan to live in UK for the rest of our lives (at least for now), so it can be handier for my future relocation to the continent to have EU card. Of course, I don’t know how it’s gonna be handled later with Brexit. I assume there’s still a chance there’s going to be some adjustment period, which we may use to relocate.
3. My plan is to get the citizenship of my husband rather than UK citizenship. Though there is no legal requirement to live in EU to naturalize, something tells me it may be easier.

All of the above is just my opinion and a bit of speculation over unknown Brexit outcome, so don’t take it as advice. This is just me sharing my chain of thoughts.

My husband had already got his pre-settled status in September, so once I receive my card (hopefully!), I will indeed apply for the pre-settlement quoting his application number. Yes, it is extra step but I decided to do it.

I know and understand these are your thought and speculation but you are on points. Lawyers are just so into money that they tend not to explain the above because they want you to use them so you can pay them even when they know you can do it yourself. I was given quotes a lot of money from lawyers to assist my husband''s application for family permit. However after a lot reading and visted various forums here we were able to do it ourselves and he got his family permit. I am eea national and I exercise my treaty rights. I got ILR through settlement status. I think we will try both options: RC then pre-settlement( this is mandatory. Do they both cost £65 each for application? The reason why
I am keen for RC for him is because the card whereas with pre-settlemental status it is difficult to prove to employers about his right to work unless he receives COA.
What document's did you submit for RC? Is the form online for non -eea national?

[iwolga]

I was given quotes a lot of money from lawyers to assist my husband''s application for family permit. However after a lot reading and visted various forums here we were able to do it ourselves and he got his family permit.

I paid a consultant to fill in the forms for FP. This was before I found this forum. If you have a straightforward application, ok with English and overall with forms, this is totally manageable without additional help.

I am eea national and I exercise my treaty rights. I got ILR through settlement status. I think we will try both options: RC then pre-settlement( this is mandatory. Do they both cost £65 each for application?

The "old" route is 65 plus 19.20 for biometrics. From what I know re "new" route, there's no application fee but you need to pay for an appointment for biometrics (seems like there are some free of charge spots, but hard to get these). From what I understand, if you first get "old" card and then apply for pre-settlement, you only pay once for the first scheme as long as you don't need to change the card.

The reason why I am keen for RC for him is because the card whereas with pre-settlemental status it is difficult to prove to employers about his right to work unless he receives COA.

I know for sure how old card looks: it says "work permitted", so this is straightforward for now. I haven't seen how the new one look yet (possible the same). However, if Brexit comes, this "work permitted" on the old one will mean nothing without online check of your husband's status (basically online check if he is settled\pre-settled).

What document's did you submit for RC? Is the form online for non -eea national?

For EEA2 card you can only apply by post. This is the page from gov.uk, from which you can get the form to be filled in and the list of docs: https://www.gov.uk/apply-for-a-uk-resid ... st-provide

Basically, passports (ID for EU citizen), passport sized photos, proof of relationship, proof of your rights in UK (I assume for you you Permanent residency is enough), proof of address. Please refer to guidance notes for some further information on what is required. I do find it useful as they seem to cover most of my questions at the early stages. https://assets.publishing.service.gov.u ... -04_KP.pdf

This application looks as a bit of a copy-paste of EEA FP application (no need to give all screenshots of Whatsapp or alike though), but keep in mind that some of the applicants don't have a FP when they apply for this. Hence questions are reasonable for that situations.

I think one of the benefits (at least for some people) of the new scheme, is that you keep your passports with you most of the time\all the time. Old scheme requires to send those to HO. You can ask their return after some time though.

When planning the application, bear in mind that this application more or less "grounds" your husband in the country. Even if he gets his passport back, he is still not allowed to travel further than Ireland or his application can become void (not sure re new route though, but definitely the case with old scheme and drives me nuts!).

[Zadith14]

I was given quotes a lot of money from lawyers to assist my husband''s application for family permit. However after a lot reading and visted various forums here we were able to do it ourselves and he got his family permit.

I paid a consultant to fill in the forms for FP. This was before I found this forum. If you have a straightforward application, ok with English and overall with forms, this is totally manageable without additional help.

I am eea national and I exercise my treaty rights. I got ILR through settlement status. I think we will try both options: RC then pre-settlement( this is mandatory. Do they both cost £65 each for application?

The "old" route is 65 plus 19.20 for biometrics. From what I know re "new" route, there's no application fee but you need to pay for an appointment for biometrics (seems like there are some free of charge spots, but hard to get these). From what I understand, if you first get "old" card and then apply for pre-settlement, you only pay once for the first scheme as long as you don't need to change the card.

The reason why I am keen for RC for him is because the card whereas with pre-settlemental status it is difficult to prove to employers about his right to work unless he receives COA.

I know for sure how old card looks: it says "work permitted", so this is straightforward for now. I haven't seen how the new one look yet (possible the same). However, if Brexit comes, this "work permitted" on the old one will mean nothing without online check of your husband's status (basically online check if he is settled\pre-settled).

What document's did you submit for RC? Is the form online for non -eea national?

For EEA2 card you can only apply by post. This is the page from gov.uk, from which you can get the form to be filled in and the list of docs: https://www.gov.uk/apply-for-a-uk-resid ... st-provide

Basically, passports (ID for EU citizen), passport sized photos, proof of relationship, proof of your rights in UK (I assume for you you Permanent residency is enough), proof of address. Please refer to guidance notes for some further information on what is required. I do find it useful as they seem to cover most of my questions at the early stages. https://assets.publishing.service.gov.u ... -04_KP.pdf

This application looks as a bit of a copy-paste of EEA FP application (no need to give all screenshots of Whatsapp or alike though), but keep in mind that some of the applicants don't have a FP when they apply for this. Hence questions are reasonable for that situations.

I think one of the benefits (at least for some people) of the new scheme, is that you keep your passports with you most of the time\all the time. Old scheme requires to send those to HO. You can ask their return after some time though.

When planning the application, bear in mind that this application more or less "grounds" your husband in the country. Even if he gets his passport back, he is still not allowed to travel further than Ireland or his application can become void (not sure re new route though, but definitely the case with old scheme and drives me nuts!).

Thanks a lot for the info above. Would he be able go travel when he gets grand eu residence card or can't leave the UK?
We are planning to settle in the UK. I will review the options available for him.

Thanks a lot again

[iwolga]

Thanks a lot for the info above. Would he be able go travel when he gets grand eu residence card or can't leave the UK?
We are planning to settle in the UK. I will review the options available for him.

You are very welcome. Yes, of course he’ll be able to travel once he gets the card. Of course depending on his nationality he might still require visas, but yes, he won’t be sitting in UK for the rest of his life with no chance for a bit of a sun

[Zadith14]

@iwolga. How are you? Hope you and your family are making the most of the festival periods. I wanted to ask if you have received a response regarding your UK residence card as yet.

My husband(non-EEA) has already made application via pre-settlement scheme and we are waiting for a decision and we don't know how long it will take. We are now considering ro apply for UK residence card once he gets granted his pre-settlement status. I wanted to know whether if I apply for it, there is a section that I can add him as a close family member for him to get his UK residence card. Or he will have to submit a paper application form instead. I have already been granted ILR via EU settlement scheme and not sure I need to apply UK residence card too.

Anyone out there, I would appreciate your guidance.

Thanks in advance.
Merry Christmas

[Zadith14]

Question regarding UK residence card:

Anyone out there, I would appreciate your advice and guidance.

What are the advantages of UK residence card vs pre-settlement status via eu settlement for a non- eu national who has a family permit?

My husband(non-EEA) has already made application via pre-settlement scheme and we are waiting for a decision and we don't know how long it will take. We are now considering ro apply for UK residence card once he gets granted his pre-settlement status. I wanted to know if it is a requiremeng of me (EU national with ILR) to apply for it. If so, is there a section that I can add my husband to the application for him to get his UK residence card? Or would he be required to submit a paper application instead? I have already been granted ILR via EU settlement scheme and not sure if I need to apply UK residence card too.


Thanks in advance.
Merry Christmas

[birkeneve]

Isn’t the BRC - pre-settled status card a residence permit in itself?

[Zadith14]

I am trying to figure it out too. It sounds like with pre-settorment status, you can't travel outside the UK with it but you can with UK Residence card. Maybe I am wrong.

Anyone knows the difference between the two?

[Zadith14]

Isn’t the BRC - pre-settled status card a residence permit in itself?

I am trying to figure it out too. It sounds like with pre-settorment status, you can't travel outside the UK with it but you can with UK Residence card. Maybe I am wrong.

Anyone knows the difference between the two?

[Obie]

You can travel with a pre settled status Residence card. Provided it is in biometrics form.

Those who have biometrics residence card, will continue to use it until after June 2021.

[Zadith14]

Thanks Obie for the clarity. I hope my husband will get a biometric card once he gets granted his pre-settlement status