What happens to my status if I apply for EEA2?

[snapple.jacks]

Hello you guys. First, thank you for reading this and apologies to whom I may offend by posting in the wrong area/forum.

I am an American living in the UK with my wife (EU citizen). I came here on July the 5th and have been here up until this point. My wife is from Spain and we completed the UK Family Permit which gave me 6 months to live here. I was hesitant to file the EEA2 because my wife was and still is unemployed. My expiry date is on November the 29th of this present year. I really don't want to go back to Barcelona because of all the economic issues there. My question is: If I file for the EEA2 while my wife is unemployed and not exercising THAT specific right (although she's exercising her right by being a job seeker) will I become illegal while my passport is there (during processing for the residence card- since it expires on the 29th of November and processing takes months)? It says on the UKBA website that I could apply at least 4 weeks before its expiration date.

I have a ticket back to Barcelona. I can't afford a ticket back to America. I definitely don't want to be illegal here. Does anyone know what options I have? I've been really confused over the past week. Please help me. Thank you.

-Nick

[Englandd]

the easiest option under this scenario is becoming self sufficient. your eea partner can show some savings but strictly you need to buy private medical insurance too.
Despite jobseeker is a mode of excercising eu treaty but it will be very very difficult to UKBA caseworker that you and your family will not become burden on public funds.

[Jambo]

Unlike the UK domestic immigration rules, under EEA regulations rights (for married couples) are obtained automatically if the EEA national exercises treaty rights. There is no need for permission from the HO. Applications for EEA Family Permit or Residece Card are optional. The HO only confirm the residence right and doesn't confer the right. Not holding a valid RC or EEA FP doesn't make you an overstayer.

There are several ways to exercise treaty rights. You wife doesn't need to work. She can be a job seeker or a student or self sufficient (living off saving or your earning). If she is self sufficient, then the HO requires you to have a private health insurance in order to meet the requirements of the EEa regulations.

Read the RC application form (EEA2) for the evidence required to support the application based on your circumstances.

[hellrose]

Simply put, no, you will not become illegal. I stayed and did not apply for my EEA2 long after my Family Permit expired. You didn't have to have a Family Permit in order to be here in the first place.

[snapple.jacks]

Thank you guys. What if I decide to travel after the date expires? Will I have trouble at customs?