Residence Card-Non Eu spouse

[may1975]

Hi, I am a spouse of an EU national.I have a residence card which will expire at the end of October. Due to hubby not working continuously five years I am not qualified for the PR. So I have to apply for another residence card.I was thinking to wait until the more streamline process introduced but my boss asked me last week that I have to apply because my residence card will expire end pf the October. I was thinking to apply for a residence card was not mandatory, because I am still spouse of the EU national. Can somebody advise me on that? I have been married since 2005 and had twice residence card.
Thanks

[greatscott]

may1975 can you advise us of the procedure you followed to renew your RC?

We are in exactly the same situation with one family member who will not qualify for PR because of sponsor not working continuously. And exactly like you the boss has requested an update from this family member.

[may1975]

I have not applied yet. I will apply in the next coming week for the new one.This is the response from another forum on facebook "Strictly speaking under EU law you can assert your right to live here as the Family Member of an EU national without a Residence Card. In practical terms I would strongly advise you to apply for a new Residence Card asap. Without it you will really struggle to prove your right to work and to travel in and out of the country. If your employer is already on to this then it seems like your employment could be in jeopardy without it."

[Richard W]

I was thinking to wait until the more streamline process introduced but my boss asked me last week that I have to apply because my residence card will expire end pf the October. I was thinking to apply for a residence card was not mandatory, because I am still spouse of the EU national. Can somebody advise me on that?

It depends on your contract of employment. I saw a solicitors' site that urged employers to include a clause requiring employees to furnish employers with a statutory excuse against a fine for employing an illegal worker, so it is possible that renewing your card is a condition of employment.

[aarshad01]

Dear May1975,

since you said you had residence card twice so it means you have already lived for 10 years or so, why dont you apply for 10 years long term residency its will give you peace of mind for rest of your life.

[may1975]

Because there were gaps in his employment more than 6 months.It was not continuously five years. I thin when you apply for 10 years you still have to prove that you were staying legally in UK during that time, as i said there were gabs in his employment so i am not qualified for 10 years either.

[may1975]

I was thinking to wait until the more streamline process introduced but my boss asked me last week that I have to apply because my residence card will expire end pf the October. I was thinking to apply for a residence card was not mandatory, because I am still spouse of the EU national. Can somebody advise me on that?

It depends on your contract of employment. I saw a solicitors' site that urged employers to include a clause requiring employees to furnish employers with a statutory excuse against a fine for employing an illegal worker, so it is possible that renewing your card is a condition of employment.

Thank you!

[may1975]

I have just read this"It’s not mandatory to use the EEA(FM) application form but it will assist us in dealing with your application more efficiently if you do" in the guiding notes for EEA-FM aplication form, so is that mean i do not have to fill the aplication form which was provided on the website if i want to apply for a residence card?

[patricia552]

Hi I went to gov.Uk ando it says that they don't do EEA family residence card anymore, you have to apply for Permanent residency. Is this true?

[Richard W]

Hi I went to gov.Uk ando it says that they don't do EEA family residence card anymore, you have to apply for Permanent residency. Is this true?

I am sure you are mistaken. I think you have misunderstood an account of the change of form of the residence card, from an endorsement in a passport to an actual plastic card. Please give us a link to the page that says they don't issue residence cards. The time line thread reports residence cards being received this month.

[aarshad01]

Because there were gaps in his employment more than 6 months.It was not continuously five years. I thin when you apply for 10 years you still have to prove that you were staying legally in UK during that time, as i said there were gabs in his employment so i am not qualified for 10 years either.

Well it has nothing to do with youre Gaps, this rule applies on EEA category and 10 years long term residency route is under UK law. please take a advice on this from a Solicitor.

[fatimahh]

You will need to apply fast to avoid jeopardising your job. note that it may take up to 2 month for you to receive a COA which will put your employer at ease. also why don't you and your partner try and get a CSI in ordr to cover any future gap in employment?

[greatscott]

Surely the employer can just ring Home Office and get employee status confirmed? Not having a RC is not, as far as we've been told on these forums, a requirement to be able to work.

[fatimahh]

Surely the employer can just ring Home Office and get employee status confirmed? Not having a RC is not, as far as we've been told on these forums, a requirement to be able to work.

That is how it is suppose to be! Unfortunately vert cautious employer won't accept an employment without any form of confirmation from HO, and they can only call the home office to check when you have your COA.

[Hstepper07]

Surely the employer can just ring Home Office and get employee status confirmed? Not having a RC is not, as far as we've been told on these forums, a requirement to be able to work.

That is how it is suppose to be! Unfortunately vert cautious employer won't accept an employment without any form of confirmation from HO, and they can only call the home office to check when you have your COA.

From my experience employers will require documentation of right to work even though you are not required to have a residence card. Some employers do not have knowledge of EEA rules.

[may1975]

Because there were gaps in his employment more than 6 months.It was not continuously five years. I thin when you apply for 10 years you still have to prove that you were staying legally in UK during that time, as i said there were gabs in his employment so i am not qualified for 10 years either.

Well it has nothing to do with youre Gaps, this rule applies on EEA category and 10 years long term residency route is under UK law. please take a advice on this from a Solicitor.

I think under 10 years rule you still have provide 10 year legal stay. As my husband was not working contuniosly 5 years he essentially broke the law. he should be either worker, self employed, self sufficient or student with CSI.

[aarshad01]

I hope this Brexit situation will clear soon, either we stay or leave it should end now, this anxiety is changing everyday

[may1975]

I hope too!