EEA FP overstay?

[genevieve]

Hello all,

I am an American married to an EEA national. He is currently studying (PhD) in the UK and receiving a stipend and I am working in the UK part time.

When I first came over (Dec 2011) I applied for the 6 mo. EEA FP and was approved. I later applied for my Residence Card, was denied (didn't include bank statements to show income), reapplied with the proper paperwork and my application is currently pending and I have a COA stating I have the right to work, etc.
I'm planning to fly home for a week and a half and visit my family due to two deaths in the family and finish packing up/selling my things.

My question is... have I technically overstayed my EEA FP, thereby hindering my reentering the UK?

Before I bought my tickets I looked in to everything the best I could and my understanding was since my husband is an EEA national exercising his treaty rights in the UK, I have the "right" to be with him and the EEA FP is just a formality for working, etc. But I've seen a lot of fuss lately about the new immigration laws and overstayers will be denied reentry, etc ... but that's only for those that do not have an EEA family member, right?

I'm planning to reapply for the EEA FP to come back since I've heard the UK border people will sometimes give you a fuss when reentering (my husband will not be with me, but awaiting my return in the UK).

Thank you kindly!

Genevieve

[Jambo]

There is no need for a new Family Permit and I advise you to avoid applying for one. See a story from your countryman - American stuck in Italy.

[Directive/2004/38/EC]

It is entirely optional to have a RC in any case.

Your rights come directly from your relationship with your husband.

You should travel though with a photocopy of his passport and with your marriage certificate. See http://eumovement.wordpress.com/2010/08 ... to-travel/

[genevieve]

Thank you everyone!

Jambo, I was actually thinking about that option, not applying for a FP since I'm a non-visa national, but after reading through so many people having trouble coming in and how the UKBA 'strongly recommends' applying for it I was getting nervous! I think I actually feel more comfortable going that route at this point, just making sure I bring all the necessary paperwork such as what I may have planned to send in with an EEA FP... and probably print out some bits from the Border Force Operations Manual just in case someone argues. It only took a week last time for me to get my EEA FP, but that could have been a freak incident and I'd rather not risk it!

[vinny]

My question is... have I technically overstayed my EEA FP, thereby hindering my reentering the UK?

Don't worry.

[Jambo]

Just present the CoA and you will be fine. They got all the details in their computer system. You probably won't need to show anything else. It would be so simple that you would feel stupid you have applied for the EEA FP in the first place.

I will spare you my thoughts on the UKBA recommendations...

[EUsmileWEallsmile]

Hello all,

I am an American married to an EEA national. He is currently studying (PhD) in the UK and receiving a stipend and I am working in the UK part time.

When I first came over (Dec 2011) I applied for the 6 mo. EEA FP and was approved. I later applied for my Residence Card, was denied (didn't include bank statements to show income), reapplied with the proper paperwork and my application is currently pending and I have a COA stating I have the right to work, etc.
I'm planning to fly home for a week and a half and visit my family due to two deaths in the family and finish packing up/selling my things.

My question is... have I technically overstayed my EEA FP, thereby hindering my reentering the UK?

Before I bought my tickets I looked in to everything the best I could and my understanding was since my husband is an EEA national exercising his treaty rights in the UK, I have the "right" to be with him and the EEA FP is just a formality for working, etc. But I've seen a lot of fuss lately about the new immigration laws and overstayers will be denied reentry, etc ... but that's only for those that do not have an EEA family member, right?

I'm planning to reapply for the EEA FP to come back since I've heard the UK border people will sometimes give you a fuss when reentering (my husband will not be with me, but awaiting my return in the UK).

Thank you kindly!

Genevieve

The parts underlined do not appear to be consistent with either the directive nor the regulations. In the case of students, a declaration is meant to suffice.

You could apply for family permit abroad, but if you do be aware that they will expect to see evidence that your husband is exercising treaty rights in the UK (not very different to applying for a residence card in terms of evidence).

[genevieve]

The parts underlined do not appear to be consistent with either the directive nor the regulations. In the case of students, a declaration is meant to suffice.

Yeah, I was a bit baffled...We acquired a declaration from his University stating he is a student, how long he would be doing his PhD, and how much stipend he would receive. Apparently that wasn't good enough. When we resent the same information, but added 3 months worth of bank statements, I received my CoA soon after.

You could apply for family permit abroad, but if you do be aware that they will expect to see evidence that your husband is exercising treaty rights in the UK (not very different to applying for a residence card in terms of evidence).

I applied for an EEA FP before and have the same details, even better ones now that I have bank statements and more showing us living at the same address, etc.




On a separate note - I've seen various responses throughout the board on this but they seem to mostly come from people entering the country WITH their spouse.
If I'm entering the UK without my spouse, but I have a letter signed by him saying I am coming to the UK to join him, is that what they require? Also, would I be entering through the non-EU or EU line? I hold an American passport. It seems you only go through the EU line if your EU spouse is with you?

[EUsmileWEallsmile]

The parts underlined do not appear to be consistent with either the directive nor the regulations. In the case of students, a declaration is meant to suffice.

Yeah, I was a bit baffled...We acquired a declaration from his University stating he is a student, how long he would be doing his PhD, and how much stipend he would receive. Apparently that wasn't good enough. When we resent the same information, but added 3 months worth of bank statements, I received my CoA soon after.

The declaration comes from the student and it declares that they have sufficient resources.

[genevieve]

Hi there, I hope I'm posting this in the correct forum. Please let me know if I ought to repost elsewhere.

Firstly, a bit of background. I am an American living and working in the UK with a five year residence card as a family member of an EEA national. I have been living here three and a half years and first came over on a 6-month EEA family permit. Due to a misunderstanding about what paperwork was necessary to send in, and the subsequent delay, I still have three years left on my residence card. I have been working for over three years and currently have a full-time position and am the only one with an income supporting us. Also, we do not receive any government assistance.

My husband is a Swedish citizen and has been living and studying for a PhD here for five and a half years. Last year his stipend (income) ran out but he'll only be graduating just this month. He's looking for jobs in the UK but as he's in a highly qualified and narrow field, we expect it to take a little while.

My questions are; how does him ceasing his studies affect me / us? Will this invalidate my residence card or will I be okay until the date runs out on it? I read that there is a sort of 6 months allowed to be a 'job seeker' before you're no longer considered to be 'exercising your treaty rights'? Also, we've thought about him registering as self-employed as he does a bit of e-book publishing and photography but this would only really be marginal income.

And sort of on the back of that; we're planning a trip back to Sweden in a few months, will re-entry to the UK be any problem? I know EU citizens are allowed to freely move within EU member states but they still ask questions such as what is your occupation, etc...


Thank you very much for any help that can be offered!

[gozo1]

Register as a jobseeker, you obtain worker status by doing so, also register self employed and keep proper record of self-employment activities, by registering as self employed, he can continue to exercise treaty rights should he be unable to secure employment within the said 6 months.There will be no break between the exercise of treaty rights before he eventually secure the sought employment.

[genevieve]

Hi there,

I've searched a bit on the forums but haven't quite come across the answer I'm looking for so I hope someone might help.

I arrived in the UK on an EEA Family Permit in Dec 2011. I did not receive my EEA Residence Document until May 2013, but I was continually resident from Dec 2011 (not outside of the country but for holidays, 2 weeks here and there).

My question is; when I apply for ILR (and I would also like to apply for citizenship afterwards), am I eligible to apply from Dec 2016 or must I wait until 2018?

Thank you!

Genevieve