Application for EEA Family Permit but T5 YM Visa expires

[dazmad]

I am looking to apply for an EEA Family Permit later this year after my partner and I get married. I am currently on a T5 Youth Mobility Visa and will most likely expire during the application process for the EEA Family Permit. My partner is an EU national and is currently getting her residency/citizenship for the UK processed.

What issues may arise if my Visa expires while this the application is being processed? Does it effect my capabilities to work? Will I have to leave the country before the Visa expires?

Thanks

[dazmad]

Sorry I meant I am applying for a EEA Family Residency Card NOT a permit.

[lorenr]

Hello!

I've been through the same process (T5 expired July 2017, EU partner visa just arrived). I stayed in the country. I spoke to an immigration lawyer who said it's a grey area. Technically as the unmarried partners of EU citizens, we don't have documents that prove our right to live and work here but no one's going to come round and knock on your door and haul you off to a detention centre and put you on the next plane. Just don't work or travel.

If you're applying for a residency card, you don't need to go home. Get onto it now though as you won't be able to work or travel between visas. Mine took 5 months almost to the day.

One somewhat easier route (depending on how you look at it), is to leave the country and apply for a family permit. This should get you a Certificate of Application that will let you work and that you may be able to use if you want to travel (but you should check that before you do). I think the family permit takes about 3 weeks to get (again, check that) and is valid for 6 months. Then you apply for your residence card.

Hope that all helps!

[achk]

HI Lorenr,

Your response is very useful as I'm going through the same thing.

My Tier 5 expires in early Oct. I had planned to apply for a ILR (M) visa but my other half doesn't qualify (Hes EEA & only in the UK for 4 years).

As such, I'm now looking to apply for a residence card. I realised most people have said the application can take them up to 6 months. Were you not able to travel or work at all during this time?

What was the process to switching from T5 to residence card?

Thank you

[Casa]

One crucial point if you intend to marry in the UK. As a foreign national you can only give notice to marry with a Home Office registered Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately before the wedding can go ahead, should they choose to do so.

You may need to factor this in when you are calculating how many days you have left before your T5 visa expires.

[Wanderer]

And in the above scenario what happens when the EEA QP obtains BC as indicated?

[Casa]

And in the above scenario what happens when the EEA QP obtains BC as indicated?

The EEA QP will no longer be able to sponsor the OP under the EEA Regulations.

[lorenr]

Hello again,

Just a run down of the process I went through - I should preface this by saying that I am by no means an expert and every case is different. A good immigration consultant will give you some guidance over the phone before you apply.

My T5 expired July 2017, I began the application process in March 2017. I knew that I was going to run out of visa but couldn't apply any earlier due to needing to travel in early 2017 and needing my passport. So I decided to take the gamble.

Things I gathered for my application:
- 5 months of payslips for my partner to demonstrate he is a Qualified Person
- 2x tenancy agreements, one from 2013, one from 2016 with both our names on it.
- 3x bills from 2014, 2015 and 2016 with both our names
- A couple of different bills with either of our names on them from a number of different years
- A joint insurance policy certificate
- An itinerary and boarding passes for a trip we took in 2015
- Receipt for my engagement ring
- Both passports
- Screenshots from Facebook that covered things like our engagement, travel, moving house, new jobs etc.
- Letter from my partner's employer detailing how long he had worked at his job for.
- 6 months of joint bank account statements.

Basically, go overboard and don't try and fake things. As they say, 'a stitch in time saves nine'. Basically put the effort in now and you're more likely to be approved.

Application took just under 5 months. I could not work or travel for July and August (until my residence card showed up). My Certificate of Application (the document you receive partway through the process that verifies your application) did not state my right to work and live in the UK because my partner and I are not married. This is standard, it's because they need a person to physically examine my application to make sure our relationship is legitimate. The CoA can be used to obtain work and travel whilst you wait for your application to process.

If you are married, you should get a CoA that confirms your right to work and live in the UK. HOWEVER, I understand that this isn't the case every time - I guess sometimes the HO feels they need to examine marriages as legitimate also.

You can get a CoA with work without being married, as I touched on in my previous post, by applying for a family permit first. This is free but it has to be done from outside the UK, so you'd need to be prepared to travel and stay out of the country until the permit is issued. Doesn't have to be your home country - could be France or Ireland.

Hope that all helps!

[achk]

Lorenr,

Thanks so much for posting your experience - extremely useful.

Can you clarify how long it took you to get your CoA?

Also, why were you unable to work for July and August if you had your CoA? I spoke to an immigration lawyer today and they stated that you would be able to work whilst your application in process. It's just some employers don't like to take the risk, but apparently it's in their legal right to hire you?

Finally, how were you able to travel whilst your application was in process? Did you request for your passport back?

Thank you!

[_hmld_]

Hello again,

Just a run down of the process I went through - I should preface this by saying that I am by no means an expert and every case is different. A good immigration consultant will give you some guidance over the phone before you apply.

My T5 expired July 2017, I began the application process in March 2017. I knew that I was going to run out of visa but couldn't apply any earlier due to needing to travel in early 2017 and needing my passport. So I decided to take the gamble.

Things I gathered for my application:
- 5 months of payslips for my partner to demonstrate he is a Qualified Person
- 2x tenancy agreements, one from 2013, one from 2016 with both our names on it.
- 3x bills from 2014, 2015 and 2016 with both our names
- A couple of different bills with either of our names on them from a number of different years
- A joint insurance policy certificate
- An itinerary and boarding passes for a trip we took in 2015
- Receipt for my engagement ring
- Both passports
- Screenshots from Facebook that covered things like our engagement, travel, moving house, new jobs etc.
- Letter from my partner's employer detailing how long he had worked at his job for.
- 6 months of joint bank account statements.

Basically, go overboard and don't try and bad quality things. As they say, 'a stitch in time saves nine'. Basically put the effort in now and you're more likely to be approved.

Application took just under 5 months. I could not work or travel for July and August (until my residence card showed up). My Certificate of Application (the document you receive partway through the process that verifies your application) did not state my right to work and live in the UK because my partner and I are not married. This is standard, it's because they need a person to physically examine my application to make sure our relationship is legitimate. The CoA can be used to obtain work and travel whilst you wait for your application to process.

If you are married, you should get a CoA that confirms your right to work and live in the UK. HOWEVER, I understand that this isn't the case every time - I guess sometimes the HO feels they need to examine marriages as legitimate also.

You can get a CoA with work without being married, as I touched on in my previous post, by applying for a family permit first. This is free but it has to be done from outside the UK, so you'd need to be prepared to travel and stay out of the country until the permit is issued. Doesn't have to be your home country - could be France or Ireland.

Hope that all helps!

Your application is extremely useful!

As mentioned, Did you just stay in UK from July-August, with an expired Tier 5? As the letter stated, no Because I received mixed answers for this situation. Some said can, some said not.
You mentioned: "...did not state my right to work and live in the UK because my partner and I are not married." did they also state you can't stay while your current visa expired?

If you stayed until your residence card is issued, did you ever leave the U.K anytime after? If not, how do they know you are overstaying or not with your Tier 5? (As I assume there's no border stamp /travel record?)

The last route, also not sure if I can now apply for a family permit outside the UK and get the family permit before my current visa expires?

Thank you so much again!