Visitor Visa expires while waiting for EEA(FM) Surinder Singh

[alessia123]

Hi everyone,

I am a British citizen, my husband is non-EU. We lived together in Italy for a year before I returned to the UK to study a post-graduate course. My husband came with me on a visitor visa, and while we investigated our possibilities of applying for an EEA FM residence card under the Surinder Singh agreement.

We have sent off our application, and I have been charged the 64 pounds from the HO but yet to receive any further confirmation/instructions. My husband's visitor visa will expire at the beginning of January. I do not want him to risk any repercussions from overstaying his visa if we have not heard back or received confirmation before then. Does he have any rights to leave after his visa expires? Should we request his travel documents back, will that affect our application? If it doesn't, can he return to Italy and wait for the confirmation from there?

Many thanks,

[alessia123]

Hi

I have dual nationality, Italian and British. I was born in the UK and lived here my whole life. Me and my non-eu husband lived in Italy for a year while I was working full time. He received a EU residence card - Permesso di Soggiorno.

I have decided to return to the UK to pursue post graduate course. Can we rely on the Surinder Singh agreement to apply for an EEAFM permit for my huband?

[malik0543]

Hi alessia123

You can relay on Surinder Singh Route, you need to provide maximum evidence that you and your partner lived and work or study in Italy and now coming back to UK.

Even partner visit visa expire wont make any difference.

Goodl luck