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It is unclear what you want to do. Are you trying to live in the UK starting immediately? But then leave for travel? Why not just move to the UK when the time is right?Jellybean105 wrote:My husband was granted a UK family permit which is valid till April. We had mentioned travel in November but we never got round to actually going to the UK. We now want to re-apply for a permit as we need it for longer than April. Do you think not using the 1st permit will be a problem?
I emailed to ask UKBA if he can re-apply and they said he can apply as long as it is a max 3 months in advance. The 1st one will then be cancelled.
In many cases this is not required. For instance if you are the non-EU spouse of a German.SouthWest1 wrote:i am not here to advise on the situation but to say; based on my experience with UKBA; and i think a lot of members here would agree is that, you need to arrange your life, plans...etc according to UKBA timeline and requirements and not the other way around.
this may sound harsh but unfortunately it is the a fact.
I'm so glad I asked! I think we will return to Ireland after our trip and re-apply for another permit and just visit the UK for now.Thank you for your enquiry about the new ‘Surinder Singh’ rules in regulation 9 of the Immigration (European Economic Area) Regulations 2006 (as amended).
The new requirements came into force on 1st January, following amendment by paragraph 5 of Schedule 1 to the Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013: http://www.legislation.gov.uk/uksi/2013 ... tents/made.
The new requirements are subject to the transitional provisions contained in paragraph 2 of Schedule 3 to the above regulations. These provide that a family member of a British citizen who has exercised free movement rights as a worker or self-employed person in another EEA state may continue to benefit under the version of regulation 9 in force before 1st January in certain circumstances. These include where, on 1st January 2014, the family member already had a right to reside under the previous legislation or held a valid EEA family permit, registration certificate, or residence card issued on that basis.
However, paragraph 2(4) of Schedule 3 outlines the circumstances in which a person benefiting from the transitional provisions will cease to benefit under those provisions. These include where the holder of an EEA family permit does not enter the UK within six months of the date the permit was issued (para 2(4)(a)).
Applying this to your husband’s case, if he is not admitted to the UK before his current EEA family permit expires, he will not benefit from the transitional provisions and any application for a new EEA family permit or residence card would therefore be subject to the new requirements of regulation 9.