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atwale44 wrote: ↑Mon Jan 25, 2021 9:20 pmi applied on the 24th of december, 2020. i have not received information on biometrics yet either. the only email i got was an application is being considered email. which i got on the 10th of january 2021. A case ID also came with the email. pls let me know if you receive any information too
I'm afraid applying for a EEA Residence Card doe NOT cover you from becoming an overstayer. Therefore, as soon as your visa expires, you will be an overstayer. See rules regarding Leave extended by Section 3:
Regarding your next question:Section 3C does not extend leave where an application is made for a residence card under the EEA Regulations Immigration (European Economic Area) Regulations 2006 . An application for a residence card is not an application to extend or vary leave, it seeks confirmation that rights under the EEA Regulations are being exercised therefore the applicant does not require leave to enter or remain.
Not if you apply to extend your stay under covid exceptional assurance:I am currently working part-time and on a furlough scheme? Will I have to leave my job before my visa expires by the end of this month?
Regarding your next question:During the time in which your request for ‘exceptional assurance’ is pending you will continue on the conditions as per your current or most recently expired visa.
If you are granted ‘exceptional assurance’ it will act as a short-term protection against any adverse action or consequences after your leave has expired. If conditions allowed you to work, study or rent accommodation you may continue to do so during the period of your exceptional assurance. Exceptional assurance does not grant you leave. It is a means to protect those who are unable to leave the UK due to COVID-19 restrictions and not to facilitate travel, other than to return home.
Leave the country (not really feasible under the current circumstances) or apply for extension under covid exceptional assurance .If my visa is expiring, do I have to do anything besides waiting for my application decision?
As an extended family member, you do not have any rights before your EEA card is issued.What rights will change for me apart from I have received COA without work?
This is completely irrelevant. As EEA Extended Family Member the OP has no right to enter or stay in the UK before the issuing of their card.
Hello!kinsha01 wrote: ↑Mon Feb 15, 2021 12:51 pmHi, I have the following questions regarding my application. I have done my biometrics and received COA without work. My visa is expiring at end of this month Feb 2021.
I am currently working part-time and on a furlough scheme? Will I have to leave my job before my visa expires by the end of this month?
If my visa is expiring, do I have to do anything besides waiting for my application decision?
What rights will change for me apart from I have received COA without work?
Thank you so much in advance.
Thanks for your response. I cannot leave the country as I am dependent on my EEA-national and a member of his household and my EEA-EFM is based on that. I want to apply for an extension using Applying to remain on the basis of family or private life and request to temporarily remain on the rights of my current visa until I get a decision. I can provide my application case number with this request. Is it strong enough? What proof I should provide for exceptional assurance?kamoe wrote: ↑Wed Feb 17, 2021 10:44 amI'm afraid applying for a EEA Residence Card doe NOT cover you from becoming an overstayer. Therefore, as soon as your visa expires, you will be an overstayer. See rules regarding Leave extended by Section 3:Regarding your next question:Section 3C does not extend leave where an application is made for a residence card under the EEA Regulations Immigration (European Economic Area) Regulations 2006 . An application for a residence card is not an application to extend or vary leave, it seeks confirmation that rights under the EEA Regulations are being exercised therefore the applicant does not require leave to enter or remain.Not if you apply to extend your stay under covid exceptional assurance:I am currently working part-time and on a furlough scheme? Will I have to leave my job before my visa expires by the end of this month?Regarding your next question:During the time in which your request for ‘exceptional assurance’ is pending you will continue on the conditions as per your current or most recently expired visa.
If you are granted ‘exceptional assurance’ it will act as a short-term protection against any adverse action or consequences after your leave has expired. If conditions allowed you to work, study or rent accommodation you may continue to do so during the period of your exceptional assurance. Exceptional assurance does not grant you leave. It is a means to protect those who are unable to leave the UK due to COVID-19 restrictions and not to facilitate travel, other than to return home.
Leave the country (not really feasible under the current circumstances) or apply for extension under covid exceptional assurance .If my visa is expiring, do I have to do anything besides waiting for my application decision?As an extended family member, you do not have any rights before your EEA card is issued.What rights will change for me apart from I have received COA without work?
There is an email address on that page, your best bet is to ask all those questions to them.kinsha01 wrote: ↑Thu Feb 18, 2021 12:05 pmI want to apply for an extension using Applying to remain on the basis of family or private life and request to temporarily remain on the rights of my current visa until I get a decision. I can provide my application case number with this request. Is it strong enough? What proof I should provide for exceptional assurance?
kamoe wrote: ↑Wed Feb 17, 2021 10:44 amI'm afraid applying for a EEA Residence Card doe NOT cover you from becoming an overstayer. Therefore, as soon as your visa expires, you will be an overstayer. See rules regarding Leave extended by Section 3:Regarding your next question:Section 3C does not extend leave where an application is made for a residence card under the EEA Regulations Immigration (European Economic Area) Regulations 2006 . An application for a residence card is not an application to extend or vary leave, it seeks confirmation that rights under the EEA Regulations are being exercised therefore the applicant does not require leave to enter or remain.Not if you apply to extend your stay under covid exceptional assurance:I am currently working part-time and on a furlough scheme? Will I have to leave my job before my visa expires by the end of this month?Regarding your next question:During the time in which your request for ‘exceptional assurance’ is pending you will continue on the conditions as per your current or most recently expired visa.
If you are granted ‘exceptional assurance’ it will act as a short-term protection against any adverse action or consequences after your leave has expired. If conditions allowed you to work, study or rent accommodation you may continue to do so during the period of your exceptional assurance. Exceptional assurance does not grant you leave. It is a means to protect those who are unable to leave the UK due to COVID-19 restrictions and not to facilitate travel, other than to return home.
Leave the country (not really feasible under the current circumstances) or apply for extension under covid exceptional assurance .If my visa is expiring, do I have to do anything besides waiting for my application decision?As an extended family member, you do not have any rights before your EEA card is issued.What rights will change for me apart from I have received COA without work?
Section 3 describes when a current visa gets automatically extended when people apply to "extend or vary leave", before their new visa is decided, and to avoid the applicant to become an over stayer. However, this protection does not apply for EEA applications.
The above says, black on white, that your permission to stay in the UK (your current student visa) does NOT get extended by the fact you applied for a Residence Card under EEA regulations. When your visa ends, you no longer have permission to stay. That is what you need to understand.EEA applications
Section 3C does not extend leave where an application is made for a residence card under the EEA Regulations Immigration (European Economic Area) Regulations 2006 .
This basically explains why your permission to stay does not get extended: It is because that can only happens when you apply "to extend or vary leave"; and EEA applications are NOT applications to extend or vary leave. Instead, they are "confirmations of rights". Yes, they confirm you have permission to stay but they are not "given" to you, they are "confirmed". This is a bit of a philosophical distinction, but it's there, and it is why your existing permission to stay (your student visa) does NOT get extended by virtue of your application under EEA route.An application for a residence card is not an application to extend or vary leave, it seeks confirmation that rights under the EEA Regulations are being exercised therefore the applicant does not require leave to enter or remain.
This refers to the fact that your EEA family member was exercising treaty rights in the UK and this is the reason you could apply under the EEA route. This exercise of rights by your EEA family member is the reason your EEA application is not an application "to extend or vary leave".What does EEA regulations exercising means?
I already gave you a clear ansewr. You will be an overstayer when your student visa expires.I am asking this as I am trying to figure out my immigration status if my visa expires before I receive a decision on my EEA(EFM) application for a residence card.
Did you tell them you had applied for a new "visa"? If so, they might have gotten confused, since applications for most types of visas under UK rules (not EEA rules) do result in extension of leave to remain. But again, that is NOT your case; applications under the EEA routes are not visas, but confirmation of rights and that very fact means Section 3 does not help you here.I contacted UKVI Visa contact centre regarding my current visa expiry while my EEA application decision pending. I am told that the applicant can stay in the country legally on my current visa status while the EEA application process.
No you are not.Am I given correct information
I am with you there. I agree the wording it is not easy to disentangle.as the above Section 3c second statement is ambiguous to me?
Thanks for your answers. I have come across another interpretation of EEA-Application under Section 3c leave extended from this linkRight to reside under EEA (EFM) while awaiting decision.kamoe wrote: ↑Mon Feb 22, 2021 6:34 pmSection 3 describes when a current visa gets automatically extended when people apply to "extend or vary leave", before their new visa is decided, and to avoid the applicant to become an over stayer. However, this protection does not apply for EEA applications.
Let's split this into two parts:The above says, black on white, that your permission to stay in the UK (your current student visa) does NOT get extended by the fact you applied for a Residence Card under EEA regulations. When your visa ends, you no longer have permission to stay. That is what you need to understand.EEA applications
Section 3C does not extend leave where an application is made for a residence card under the EEA Regulations Immigration (European Economic Area) Regulations 2006 .This basically explains why your permission to stay does not get extended: It is because that can only happens when you apply "to extend or vary leave"; and EEA applications are NOT applications to extend or vary leave. Instead, they are "confirmations of rights". Yes, they confirm you have permission to stay but they are not "given" to you, they are "confirmed". This is a bit of a philosophical distinction, but it's there, and it is why your existing permission to stay (your student visa) does NOT get extended by virtue of your application under EEA route.An application for a residence card is not an application to extend or vary leave, it seeks confirmation that rights under the EEA Regulations are being exercised therefore the applicant does not require leave to enter or remain.This refers to the fact that your EEA family member was exercising treaty rights in the UK and this is the reason you could apply under the EEA route. This exercise of rights by your EEA family member is the reason your EEA application is not an application "to extend or vary leave".What does EEA regulations exercising means?I already gave you a clear ansewr. You will be an overstayer when your student visa expires.I am asking this as I am trying to figure out my immigration status if my visa expires before I receive a decision on my EEA(EFM) application for a residence card.Did you tell them you had applied for a new "visa"? If so, they might have gotten confused, since applications for most types of visas under UK rules (not EEA rules) do result in extension of leave to remain. But again, that is NOT your case; applications under the EEA routes are not visas, but confirmation of rights and that very fact means Section 3 does not help you here.I contacted UKVI Visa contact centre regarding my current visa expiry while my EEA application decision pending. I am told that the applicant can stay in the country legally on my current visa status while the EEA application process.No you are not.Am I given correct informationI am with you there. I agree the wording it is not easy to disentangle.as the above Section 3c second statement is ambiguous to me?
In other words,An application made under the (European Economic Area) Regulations 2006 (“the regulations”) seeks confirmation that rights under the regulations are being exercised and, as such, does not require and applicant to hold leave to enter or remain
In other words, there is no guarantee the OP will not be treated as an overstayer, and the answer from the Home Office is, shockingly but not surprisingly, in error. (?)vinny wrote: ↑Wed Feb 24, 2021 11:13 amIn other words,An application made under the (European Economic Area) Regulations 2006 (“the regulations”) seeks confirmation that rights under the regulations are being exercised and, as such, does not require and applicant to hold leave to enter or remain
If they confirm that you have rights under the Regulations, then they won’t treat you as an overstayer.
If they don’t confirm that you have rights under the Regulations, then they may treat you as an overstayer, until you succeed in convincing them otherwise, by appealing or sending more evidence, etc.
You would have probably noticed the answer from the Home Office is saying what we have already established, that Section 3C does NOT protect EEA applications, in other words, that the applicant's current leave is not extended:kinsha01 wrote: ↑Wed Feb 24, 2021 10:43 amThanks for your answers. I have come across another interpretation of EEA-Application under Section 3c leave extended from this linkRight to reside under EEA (EFM) while awaiting decision.
Also, that confirmation of rights does not need an application for leave to remain:I can confirm that an application for an EEA Residence card is not covered under Section 3C.
But here is the thing: the above only applies to direct family members. As an extended family member you do NOT have automatic rights; you have those rights only when your card is issued (this is in line with vinny's opinion, if you get issued the EEA card you are good, if not, you are not).An application made under the (European Economic Area) Regulations 2006 (“the regulations”) seeks confirmation that rights under the regulations are being exercised and, as such, does not require and applicant to hold leave to enter or remain.
In my opinion, the caseworker who answered does not seem to know what they are doing... "since an application of this nature is currently with us," is not sufficient condition to conclude the applicant does not need leave to remain. They are treating the applicant as if they were a direct family member, which they are NOT. Their conclusion does NOT follow from the previous two statements.In short, since an application of this nature is currently with us, you would not be classed as an overstayer when your previous leave expires and we would not expect you to leave the UK.
Congratulations you’re kind to inform of your situation to help others.kinsha01 wrote: ↑Thu Mar 11, 2021 6:14 pmThanks, everyone for your help, and this board was very useful.
I want to update you that I have received my application for the EEA-EFM residence card letter with all my documents and passport returned in a post today on 11th March 2021 after 2 months and 10 days. I will receive my residence card within 10 days.
Apart from this, I would like to highlight my current student visa expired on 28th Feb, 2021. I was confused about my status after visa expiry as the EEA residence card application does not give permission to work to an extended family member while the application process. Then, I informed my employer before my visa expired and the employer carried Employee Check service. My employer informed me I still have the right to work in the UK while waiting on the EEA-EFM residence application process as I had a student visa before.
Actually, during EEA application processing, I was not sure about my right to stay and work in UK. I would say from my experience you do not become an overstayer if your current visa expires after you make an application(in case of EEA application), you can stay in-country and work which was in my case. But, this information was not available clearly anywhere.
I hope this helps.
Thanks