Eea 2 surrinder singh re:passport request

[Mymorg]

Hi.
My husband (British) and I (American) recently applied for an eea family permit, basically in order to see if it would be granted. It was, and so we now have my passport back with the permit within. The problem with us having moved to berlin Germany seven months ago in order to enact treaty rights (my husband has been teaching English here since we came here) is that we now have a life here. I'm a tattoo artist, working in a shop here...
But since we surprisingly got the eea permit with relatively no hassle (received in 6 working days) we want to go ahead and try for an eea2. But this means leaving Germany, going to England, and being stuck there for a inordinate amount of time, away from my job.
Questions, when we get there, if we were to go in three months, with three months remaining on my eea family permit, and file an application for an eea2, does it matter if my eea fmaily permit expires while I'm waiting for the eea2 to be approved?
Also, if I wanted to go to England, file my permit, then return to berlin and work (as soon as possible) how long do you think it would take before I get my passport back? You can ask for your passport back without withdrawing the application, right?
Or, does anyone have any other advice? Me and my husband want to live in the uk, because, if I were to get ilr (British passport) it means we can spend the rest of our lives together without fear of being separated. I know this is everyone's goal on here. But, my job is important to me. It doesn't matter where I work, but that I have a job. So before I up and leave the one I have now I'd like some advice on the process. Thanks a million to everyone on here... This board has been such an amazing help, and I have my fingers crossed for all of you xoxo

[Jambo]

You will need to complete 5 years of residence in the UK to be able to apply for British citizenship, not 5 years of having a Residence Card (EEA2). Just do it all when you are actually ready to move back. No much point doing it all now if you don't plan to move.

[Mymorg]

Okay, so then is it imperative I even apply for an eea2? I may already have a job lined up, so if I were to go there while my eea family permit is still valid, I would just be able to start work, correct?. Now I hear that the ukba is appealing a rule that family permits may also include the 18,600 pound rule... Since I already have the eea1, will this affect me if we were to move soon, and I were to start working?

[askmeplz82]

You will need to complete 5 years of residence in the UK to be able to apply for British citizenship, not 5 years of having a Residence Card (EEA2). Just do it all when you are actually ready to move back. No much point doing it all now if you don't plan to move.

EEA nationals and their family members who have resided in the UK for a continuous period of 5 years in accordance with the EU laws relating to free movement rights that were in force during the 5-year period will acquire the right of permanent residence.

Continuity of residence is not affected by temporary absences (generally not exceeding 6 months per year).


many employers are unwilling to take someone on with only this permit in hand, as they're unfamiliar with EU laws.

There is an employers' helpline number on UKBA site so that they can check that the documents provided by job applicants do entitle them to work. Even then, some employers are reluctant to hire someone solely on EEA family permit until they get their residence card, as the latter is valid 5 years as against 6 months. neither FP nor RC is legally required, but you can understand their nervousness when they can be fined up to £10k for hiring an illegal

[Jambo]

Okay, so then is it imperative I even apply for an eea2? I may already have a job lined up, so if I were to go there while my eea family permit is still valid, I would just be able to start work, correct?. Now I hear that the ukba is appealing a rule that family permits may also include the 18,600 pound rule... Since I already have the eea1, will this affect me if we were to move soon, and I were to start working?

The 18,600 is irrelevant to your case as you are under the EEA Regulations (Surinder Singh). It only applies for UK Immigration rules (spouse visa).