UK: Waiting for residency permit, legal to overstay?

[jjLDN]

Hi there,

I've found some great information on this forum, thank you to all the helpful members.

What I'd love some advice on:

I'm a NZ passport holder, currently in the UK on a Tier 5 (youth mobility) visa that expires 18 August 2016. By the end of May I'll be married to my fiance, who holds an EU passport (Italian). I'll then (promptly) apply for an EEA residency permit as the spouse of an EU member.

From what I've read, this will take 6-7 months, which means roughly 3 months in, my Tier 5 visa will expire. Is it legal for me to stay in the UK, (married to an EU passport holder) while waiting for my residency permit?

My only other option would seem to be: Ask for the passport back during the application, leave the UK (perhaps to France) and return with my wife and appropriate documents, asking for the code 1a stamp for a further six months?

Any advice is greatly appreciated, thank you!

[noajthan]

Hi there,

I've found some great information on this forum, thank you to all the helpful members.

What I'd love some advice on:

I'm a NZ passport holder, currently in the UK on a Tier 5 (youth mobility) visa that expires 18 August 2016. By the end of May I'll be married to my fiance, who holds an EU passport (Italian). I'll then (promptly) apply for an EEA residency permit as the spouse of an EU member.

From what I've read, this will take 6-7 months, which means roughly 3 months in, my Tier 5 visa will expire. Is it legal for me to stay in the UK, (married to an EU passport holder) while waiting for my residency permit?

My only other option would seem to be: Ask for the passport back during the application, leave the UK (perhaps to France) and return with my wife and appropriate documents, asking for the code 1a stamp for a further six months?

Any advice is greatly appreciated, thank you!

Should be fine.

It doesn't matter how you got here - what matters is that your EEA sponsor either has PR or else is exercising treaty rights as a qualified person;
they can then sponsor you as a direct family member.

A RC is optional but useful to confirm your rights (it doesn't confer them - just residing in UK with your sponsor is enough).

When you apply for your RC you will be issued with an interim COA whilst the RC is being processed, va bene!

[jjLDN]

Thank you for your reply noajthan!

My fiance hasn't done any official paperwork surrounding her permanent residency, but is working full time with a NIN, bank account, health insurance etc etc

Does she need to take any additional steps before I submit my application for my PR card?

Also, I tend to travel a lot for work. If I need to go to the USA for example, when coming back into the UK, am I going to run into problems not travelling with her?

If I am to travel, would it be best to first take a short trip with her, and show all supporting documents to an officer to get the code 1a stamp (I believe this is the right stamp/term?)

After that, would I be more free to move?

Thank you!

[noajthan]

Thank you for your reply noajthan!

My fiance hasn't done any official paperwork surrounding her permanent residency, but is working full time with a NIN, bank account, health insurance etc etc

Does she need to take any additional steps before I submit my application for my PR card?

Also, I tend to travel a lot for work. If I need to go to the USA for example, when coming back into the UK, am I going to run into problems not travelling with her?

If I am to travel, would it be best to first take a short trip with her, and show all supporting documents to an officer to get the code 1a stamp (I believe this is the right stamp/term?)

After that, would I be more free to move?

Thank you!

Don't get mixed up between PR (& PR card) & RC.
PR takes 5 years to be acquired.

You can apply for a RC.
Whilst its being processed, hopefully you will receive an interim COA with confirmation of right to work (ie a 'long' COA & not a 'short' COA).

As per my understanding there is no 1A stamp anymore - not sure about that approach.
If you travel before you receive your RC suggest you apply for a FP from each country you go to to ensure you can re-enter UK.

[noajthan]

No, your sponsor doesn't have to do anything except exercise treaty rights.

PS Just noticed you are a fiance (at the moment).

That means you are an extended family member of your sponsor, not a direct family member.
That makes a RC 'compulsory' for you under UK rules (although recent case law appears to question that approach).

Under current UK rules you will not be issued with a COA confirming your right to work.
(Although if a sponsor is exercising treaty rights you do have a right to work! - it's just hard to 'prove it'.).

This may be problematic if you don't have a job, or wish to switch jobs, as employers (who are forced to be proxy immigration officials) may insist on seeing a RC.

Your right to work will be confirmed when you receive your RC.

If you marry whilst RC is being processed you will have to advise HO of your change of status.

[jjLDN]

Thanks again noajthan,

I intend to apply for my residency card after I'm married, so that should be fine.

Thanks for clarifying 1A stamp. Can you please explain what an FP is?

If you travel before you receive your RC suggest you apply for a FP from each country you go to to ensure you can re-enter UK.

Thank you!

[Richard W]

FP = family permit. It's effectively the visa for family members of EEA nationals.