status of non-EEA family member after family permit exired

[lapi75]

Hello!

I am Slovenian and my wife is Japaneze. We come in UK end of April 2010. I am looking here for work and so is my wife. My wife's family permit will expired in the end of august. My question is, can she still legally stay here with me in UK after that?
She can not apply for EE2 cos I am Slovenian nor for FMRS since I am not working.
I couldn't see anywhere that she must apply for anything, only that she can...is that true?
Anyone here with similar situation?

Please need help on this one!
So can she legally stay here after her family permit expired ( i am here as job seeker and we are self sufficient persons so we don't take any money from the state )

Thank you all!

[John]

If you are in the UK exercising Treaty Rights as a self-sufficient person, and have comprehensive sickness insurance, as I understand it yours wife is fully entitled to apply for a Residence Card using form EEA2. I think the form FMRS only applies if you are in the UK and employed and registered on the WRS.

[lapi75]

Thank you John for your answer.
I went through the form of EE2 and on the page 4 it says:

15 FAMILY MEMBERS FROM THE ACCESSION STATES (this part applies only to applications for a residence card)
If your family member (spouse) is a national of one of the 8 relevant Accession States i.e the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia or Slovenia (Cyprus and Malta are exempt), and you are not yourself an EEA national, you will not be eligible for a residence card unless your family member has completed 12 months’ continuous lawful employment in the United Kingdom and is eligible for a registration certificate.
However, if they are registered under the Worker Registration Scheme, you can apply for a family member residence stamp on form FM RS, available on our website, and send it to the address given on that form.

So i am not sure if my wife can apply...
About our sickness insurance we have coris travel insurance from Slovenia which cover to 60000 EUR, also we have nationl health insurance payed in Slovenia which include international health card to be used through NHS...Is this insurance appropriate or not?

[86ti]

http://www.ukba.homeoffice.gov.uk/worki ... tregister/

[John]

lapi75, personally I find note 15, that you refer to, confusing and misleading. Please have a read of note 14 that precedes it.

Can I also suggest that you download a form FMRS and if you do that you will see such form is for :- "You should use FMRS only to apply for a family member residence stamp as a non-EEA national family member of an Accession State national who is required to register under the Accession State Worker Registration Scheme."

But the point is this. You are only required to register on the WRS if you have become employed. You are not required to register on the WRS if you are self-employed, a student, or a self-sufficient person.

Accordingly it is clear to me that if you are exercising EU Treaty Rights as a self-sufficient person, then your wife is entitled to apply on form EEA2 for a Residence Card.

[lapi75]

thank you John,

What you said make much sense, i find that really confusing.
Well we will try to apply for eea2 and hope to get through that. Now the only thing that bother me is the comprehensive sickness insurance, i read lots of links but no one give clear answer which insurance is that.

Can someone just give the info of which insurance would be ok to pass this eea2?
Have some of you get successfully through eea2? which insurance did you take?

Thank you all!

[rataxes]

lapi75, from your initial message you say you are economically self-sufficient but are actively looking for work.

If you WILL NEED to work to stay in the UK (meaning you currently have enough money to live in the UK but not enough to remain economically self-sufficient), once you are employed and have applied under the Worker Registration Scheme, your wife will then be able to apply for the FMRS.

If you DO NOT NEED to work to stay in the UK (meaning you will be economically self-sufficient whether you find other employment or not), then your wife can apply for a residence card using EE2.

In order to stay in the UK, your wife will need to apply for either the FMRS or the EE2 residence card before her EEA Family Permit expires.

As for health insurance, I don't know if my situation will help you… My wife is Hungarian, and I am American with Hungarian residency. When we arrived in the UK I was covered under my Hungarian health insurance and was able to use it to get a NHS number. Does your wife have health insurance in Slovenia? If so, she needs to get the EU health insurance card (it's blue, contains health insurance information, and can be used throughout the EU countries). She can submit the card and her EEA Family Permit to get a NHS number.

[86ti]

In order to stay in the UK, your wife will need to apply for either the FMRS or the EE2 residence card before her EEA Family Permit expires.

No, both just document the rights that EEA nationals and their family members already have under EEA regulations. The application is optional though highly recommended esp. for visa nationals who need to travel.

[kidneypants]

Id like to ask for advice re post EEA famly permit. My husband is Japanese and wants to apply for a residence card as his EEAFP expires in August. Im British. My husband works. I dont but am in the process of becoming self employed but have not finished setting up my business yet. What should I write in the emloyment section? also, do we both need to send both our passports? Do we have to send all the supporting documents such as rent agreement? Im just a little confused as the section where you can tick and skip most of the form is for Surrinder Singhers....does this mean they will automatically grant EEA2 based on the FP application we sent through the SS route? Any clear advice on documents we should enclose would be greatly appreciated. cheers

[rosebead]

This thread is a very old thread and doesn't have relevance for your situation. You are better off starting your own thread.

If you already have an EEA Family Permit under Surinder Singh case law, then just tick the relevant box in Section 5 of the EEA2 form and skip all of the sections as instructed. Yes the new format of the EEA2 form (since April 2014) does mean that if you already have an EEA FP you should automatically qualify for EEA2. There is no need to re-submit your proofs of employment, residence and integration from your host State all over again. The only documents you need to submit are your passports, marriage certificate and proof of your residence in the UK.

[pjvalencia]

Hello Everyone,

I am currently living here in Norway and married to a Norwegian Citizen (EEA citizen), I have a permanent residence here in Norway. I have been granted a EEA Family Permit to UK for 6 months. Me and my partner is planing to travel in and out of UK, but is there any other options to get a visa after my EEA FP expired? I hope there are other options than renewing the EEA FP visa every 6 months.

Thank you in advance for your advices.


Thank you again
Peter