What to do after EEA family permit is about to expire?

[myukrep]

Hi,

As a non-EEA national (partner of EEA national) on a 5 year family permit that is due to expire in 2 months and staying in the UK (the whole duration)..... what should I do now?

1. What will happen if I do nothing, is it automatically renewed?

2. What will happen if I apply after it expires, will I be deported?


I guess now I am eligible for a "right to permanent residence in the UK"?

3. But what if I don't want that, and just want to continue on my FP? Do I have to leave the country and come back?

4. What is the difference, between a FP and a "residence card"? They both last 5 years? So that's 10 years in total if I apply one after the other?


(Please put number 1 - 4 next to your answer so I know what reply I am readin thank uuu)

[Jambo]

1. No.
2. No. There is no requirement to apply for documents under EEA regulations.
3. No need to leave the country. You can apply for another 5 year RC although this doesn't make much sense if you can apply for PR.
4. FP lasts for 6 months. Residence Card last for 5 years. PR can last for ever although the vignette you get is for 10 years.

I suggest you read Rights and responsibilities and also Residence documents for non-EEA family members of EEA nationals as you are missing some understanding of the terms.

[myukrep]

Yes, I have got a few terms confused, I've been reading all night so now have the following questions:

1. Can I apply with eea2 again and again? Is there a limit to how many times one can apply for eea2?

2. When is best time to apply for second eea2? On the date of expiry, 1 week/month before, 2 months before, or after expiry?


The reason for why I'm not going for the eea4 right now s because my EEA partner has some gaps in his 5 year work history - i.e. No CSI when he was looking for job but didn't sign up at job centre. So I'm waiting for another 5 years to elapse with full working treaty history. (unless I find emails/letters from recruitment agencies - would that excuse the need for CSI, I read it should).

3. (if possible) How long do I have to wait to apply for eea4 within the 5 years of a eea2 (for example: straight away, 1 month or 12 month after being granted an eea2?) Or do I have to wait for the full term of years then apply for eea4 in 2018?

4. As partner is A8 national but the first year of WRS falls just outside the last 5 years - does that mean I do not need to submit the WRS if I apply for eea4

I have 2 young children and don't want any stress or risk that why I'm just a bit worried and want to do it right - in hindsight I should've have prepared 5 years ago

Please reply with corresponding numbers Again thank uuiu

[Jambo]

1. No limit. You can apply the next day you get the EEA2 application approved with the Residence Card. You can apply as many time as you wish. Documentations under EEA regulations only confirm you rights. The HO just confirms that you are a family member of EEA national exercising treaty rights.

2. Any time you wish. Probably a time that you are fine not having yor passports for sometime.

3. You don't need to wait for the expiry of the second RC. If the 5 years of exercise treaty rights are reached, then you can apply.

4. Correct. Did your partner apply for a Residence Certificate (EEA1) after 1 year? They didn't had to but if they did, they have proof if questions are asked.

As for the no employment period of the EEA national. How long are they? You should be OK if they are not long even without evidence of jobseeking (and no CSI is required in that case).

No reason to worry about the kids (aren't they EEA citizens also?) and family. You won't get deported. The only downside is that you will not be able to secure PR and British citizenship if you wish to. Other than that, relax and enjoy the sun when it will finally appear.

[EUsmileWEallsmile]

...non-EEA national (partner of EEA national) on a 5 year family permit...



I guess now I am eligible for a "right to permanent residence in the UK"?

You appear to have a residence card (article 10), not a EEA family permit.

You can apply for a new residence card (EEA2) or permanent residence card (EEA4). Nothing will happen automatically.

[myukrep]

Yes, sorry just a bit of confusion earlier. 

Thanks guys... Building more confidence for a eea4 now!!

1. Should the covering letter be from me? Is there any point in EEA partner writing a letter for my EEA4-what will they write??

2. The unemployment was about 4 months - should he send a covering letter regarding that?

My partner didn't apply for EEA1 - no idea why or what they want to do!


3. My partner had about 3 to 4 job in the last 5 years. Is work contract  alone enough to show excerciding treaty rights? (p60, 45 or whatever else payslips are all a mess - I rather keep it simple and consistent) if not enough what else should I include?

( p.s. Kids should be eea - both born in uk and take fathers A8 nationality I think)

Thanksssss

[Jambo]

1. There is no requirement for a cover letter. If you do want to write a cover letter it can be by the applicant (you) and would just highlight on what basis the application is made, just to make it clearer to the case worker.

2. You can explain that in a cover letter if you wish or just fill in the relevant section in the form. If you can produce evidence for that period such as emails / letters from recruitment agencies or interviews, that would help. It is OK if he wasn't registered with jobcentre.

3. Job contracts are fine as evidence.

[GREG12345]

Hi i am currently on an EEA partnership visa for five years. I was wondering if i will be able to apply for British Citizenship when the visa expires or would i have to apply for Indefinate leave to remain first.
Also in another forum I saw someone refer to Permanent Residence is this the same as Indefinate Leave to Remain or is this something else.

Thanks

[askmeplz82]

Hi i am currently on an EEA partnership visa for five years. I was wondering if i will be able to apply for British Citizenship when the visa expires or would i have to apply for Indefinate leave to remain first.
Also in another forum I saw someone refer to Permanent Residence is this the same as Indefinate Leave to Remain or is this something else.

Thanks

ILR : under UK rule

PR: under EU rule

when did you got married ? 5 years count start from the date you married

you can apply PR now ( application form EEA4 )

http://www.ukba.homeoffice.gov.uk/sitec ... /eea41.pdf

[GREG12345]

Hi we are not married yet I originally came here on a work holiday visa then applied for the EEA visa in november i will be here for exactly five years. ok thanks i will look into the EEA4 visa.

[fatimahh]

If you are not married then your EEA family member permit is an unmaried partner one, therefore the 5 years are reach from the date of permit stamp and then you will need to apply for confirmation of PR, once you have PR you can apply 1 year after for BC. Please note that your partner will need to be exercising treaty right during those 5 years. Guru correct me if i am wrong

[GREG12345]

so I should wait for the 5 years on the EEA visa to be completed. then apply for PR with EEA 4 visa. then one year later apply for the BC? thank you very much for your help by the way. you helped me soo much.