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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
What is your relationship to your EU family member?
You are an Extended Family Member, and that means, I'm afraid, any rights as family member you have acquired with your Family Permit only last as long as that Family Permit is valid. Family Permits lasts for 6 months to allow people to apply for RC in due time, you are not supposed to wait until they are about to expire to apply.
That is incorrect. You are an extended family member, NOT a direct family member. There is a difference. Your rights are not automatic and depend on your EEA FP being valid.
The key thing to highlight above is the sentence which remains in force. You are covered by these rights only as long as your Family Permit is valid.Rights of an extended family member
Extended family members do not have automatic rights to enter and reside in the UK. Under regulation 7(3) of the 2016 regulations, an extended family member has the same rights as a direct family member. They must continue to satisfy the conditions of regulation 8 and have been issued with one of the following documents which remains in force:
• an EEA family permit
• a registration certificate
• a residence card
• a permanent residence card
• a document certifying permanent residence
Again, as your rights are not automatic, merely having applied does not confer you any rights. The only rights you rely on before your new card is issued are those conferred by your existing Family Permit, as long as it is valid.But u have to apply for a residence card which i already applied even more than a month ago why should i leave the country and then re enter with another fp u r really confusing me
Hi kamoe,
1. The Poster in this topic is NOT an unmarried partner.Magus1984 wrote: ↑Wed Dec 18, 2019 3:56 pmHi kamoe,
So in your view when should a Non-eu extended family member (unmarried partner) with a residence card (5 year validity) apply for permanent residency (under EU law) or EU Settled Status?
If you apply before completing the qualifying period of 5 years then Home Office might refuse the permanent residency application (or give you pre-settled status if under the EU Settlement Scheme).
If you wait till you complete your qualifying 5 years period (your residence card would expire) and then you will have to leave the UK to apply for permanent residency (or settled status)?
Surely it does not make sense to expect that an extended family member that has lived in the UK for 5 years, working, paying taxes, etc has to leave whilst the permanent residency/settled status is approved?
Question addressed in separate post.
@ kamoe - obvs my post was not directed at you
I know. Just being efficientCR001 wrote: ↑Wed Dec 18, 2019 4:40 pm@ kamoe - obvs my post was not directed at you
You must not follow that advise, it is wrong. There is no need to leave the UK. To protect your brother's position, you may need to apply for a Residence card under regulation 18(1), pending the conclusion of the Settlement scheme application.kamoe wrote: ↑Wed Dec 18, 2019 12:48 pmYou are an Extended Family Member, and that means, I'm afraid, any rights as family member you have acquired with your Family Permit only last as long as that Family Permit is valid. Family Permits lasts for 6 months to allow people to apply for RC in due time, you are not supposed to wait until they are about to expire to apply.
Since you cannot turn back time, if you have not received your new card before your Family Permit expires, to avoid being an overstayer the safest and lawful thing to do is to arrange to leave the UK until your receive your documentation. This is a situation in which, sadly, a number of members of this forum have found themselves into, and it has always been met with the same answer: Leave the UK, re apply for a Family Permit abroad, re-enter the UK with a new Family Permit (alternatively have your new card sent to you abroad via secure post and use it to re-enter the UK).
.
Thanks, I thought I was going crazy! No worries
Your faculties are all working properly, just a technical issue on my part, which I am unable to make right.
We all have these moments Obie, myself and Casa included
Not as bad as me that completely deleted a long running topic the other day by mistake in the Irish sub forum
1) The OP has already been given two options long ago.Fbiboy2002 wrote: ↑Fri Dec 20, 2019 7:19 pmSo
CR001 , obie and kamoe
Instead of chatting together what is your final advice to faro786?
Its very important step in his life in uk to take and you chatting!