EEA Family Permit Entry Stamp While in UK?

[thesimon2000]

Hi Everyone

Second time coming back here after a nightmarish experience getting a visitor visa for my wife. Now the pain starts again, this time applying for the EU family permit.

Due to the lack of embassy in the country we are in, all applications have to be done in 3rd country (UAE - Dubai in this case). Did biometrics on 29SEP20 and still waiting for an official passport submission request from VFS, however the entry clearance officer has told me that a decision has been made.

I can only assume that that means it has been approved, as can't see any reason why not, however the logistic process for sending in the passport and getting it back is very very arduous.

My wife will have to enter the UK before 31DEC20 to qualify for a pre-settled status visa under the EU settlement scheme, however I am trying to explore a backup option incase the passport submission is delayed.

So, basically my question is, if my wife is in the UK on her visitor visa, and she gets the request for passport submission and successfully sends and receives back her passport, is there an option within the UK to then get an entry stamp on the family permit visa?

Bearing in mind that she is unable to do a quick turn and burn for most easily accessible countries, due to both her current nationality and also the requirement to then have to restart a 14 day self isolation.

Looking forward to anyone's guidance

[kamoe]

My wife will have to enter the UK before 31DEC20 to qualify for a pre-settled status visa under the EU settlement scheme

That's incorrect. That is the deadline for the EU sponsor to start residing in the UK, not for their family member.

Are you an EU citizen already residing in the UK, and have you already status under the Settlement Scheme? If so, your wife has up until June 30th 2021 to come to the UK, and apply for her status.

[thesimon2000]

Ohhh I see. I am both a British and Irish passport holder, born in Northern Ireland with my parents having been born there as well.

[Gnud3mn]

My wife will have to enter the UK before 31DEC20 to qualify for a pre-settled status visa under the EU settlement scheme

That's incorrect. That is the deadline for the EU sponsor to start residing in the UK, not for their family member.

Are you an EU citizen already residing in the UK, and have you already status under the Settlement Scheme? If so, your wife has up until June 30th 2021 to come to the UK, and apply for her status.

Hello Kamoe, does the deadline apply to spouse of dual eu/uk who can not apply under eu scheme as they already have British citizenship but would qualify for status?

Can their non eu spouse enter after Dec 31?

[kamoe]

I can only assume that that means it has been approved, as can't see any reason why not, however the logistic process for sending in the passport and getting it back is very very arduous.

You could try and check your wife's work status here: https://www.gov.uk/prove-right-to-work
If it says she has the right to work, then it means the permit has been approved. No that it makes anything move faster, but at least you know the outcome.

So, basically my question is, if my wife is in the UK on her visitor visa, and she gets the request for passport submission and successfully sends and receives back her passport, is there an option within the UK to then get an entry stamp on the family permit visa?

If I understand your plan correctly, you are thinking on having her come to the UK on her tourist visa, then send her passport from the UK to Dubai to have her EUSS FP sticked on it; have it sent back to the UK; then try and get an entry stamp on it somehow?

If so, I do not see a way to get a backdated entry stamp on a different permit the holder did not use to get in, unless she gets out of the UK again, then comes back in on that permit. But...

...there are other issues: I think her getting a EUSS FP might have curtailed her tourist visa. I'm not sure, but as far as I know, people are not permitted to have two different leaves under UK rules at any given time, so it's either one or the other. The latest application would supersede the previous permit. So if at all she was granted her EUSS FP, then she might no longer have a valid tourist visa.

What are you trying to achieve? From your previous posts it is clear that you are not resident in the UK, nor have you plans to move back to the UK in the immediate future. Not sure how a EUSS FP helps you here. If you do not move back to the UK within two years after acquiring Pre-Settled status, then your wife will lose that status.

I am both a British and Irish passport holder, born in Northern Ireland with my parents having been born there as well.

Your being born in Northern Ireland is not in itself a sufficient condition for her to be eligible, you need to have been resident in the UK. I'm assuming this is likely, and I am assuming that having already been through her EUSS FP applications you are familiar with the few other conditions (nationality and status of your parents at the moment of your birth). Were you resident in the UK right before being posted in Afghanistan?

[thesimon2000]

Many thanks for the responses. I checked the link but nothing came up under her passport. It just says error, we cannot show your details.

Yes, that's correct, the method about sending the passport back and forth. I understand the potential issues though that you pointed out, looks like thats a non-starter to be honest.

Regarding moving back, the situation here has changed significantly since applying for the tourist visa last year. At that time we had no intentions of moving back, however since then the reduction in troops here has begun, COVID has sent us all into lockdown, and the peace negotiations don't seem to be progressing very well. I haven't seen her privately since March now, despite only a 20 min drive away. This is both due to COVID lockdown restrictions and also the threat level. This has made us re-evaluate staying here and I think we'd both like to move back home and have a degree of normality.

Regarding residency, I do indeed fulfil all of the nationality criteria, and own my home in Northern Ireland, still residing there. Also, I believe you can also be planning to reside there within 6 months of the application if I am correct?

[kamoe]

I checked the link but nothing came up under her passport. It just says error, we cannot show your details.

OK, do no think too much about it. Getting a result would have meant her EUSS FP was approved, but not getting any results does not really mean anything.

Regarding moving back, the situation here has changed significantly since applying for the tourist visa last year. At that time we had no intentions of moving back, however since then the reduction in troops here has begun, COVID has sent us all into lockdown, and the peace negotiations don't seem to be progressing very well. I haven't seen her privately since March now, despite only a 20 min drive away. This is both due to COVID lockdown restrictions and also the threat level. This has made us re-evaluate staying here and I think we'd both like to move back home and have a degree of normality.

Fair enough.

Regarding residency, I do indeed fulfil all of the nationality criteria, and own my home in Northern Ireland, still residing there. Also, I believe you can also be planning to reside there within 6 months of the application if I am correct?

In general terms I do not see why your wife would not get her EUSS FP, and as I said before, the deadline of December 31st does not apply to her. That is the deadline for any EU national considering moving to the UK, exercising their own EU treaty rights, for the first time. This is sadly widely misunderstood by many, many people, to mean that anyone wanting to apply needs to move by that date, which is not true if the main EU sponsor has already moved/has already status/already meets eligible criteria (which you do).

A bit of probably good news is that your being posted abroad with the British Forces does not constitute a break of UK residency, so this might strengthen her case.

Good luck.

[thesimon2000]

Appreciate the assistance, it has been very enlightening and the information regarding the 31DEC20 deadline has taken alot of the stress away.

I think I'll probably just leave it there for now and play the waiting game. I am definitely at least 3cm of a hairline shorter thanks to UKVI