How soon after arriving in the UK on Family Permit can you

[Wandering ant]

apply for the residence card?

Do you HAVE TO wait 3 mths? Or can it be done shortly after arrival?

Are there any issues to consider if you do apply for RC soon after arrival - that is, before 3 mths?

Thank you.

[vinny]

I think that you may apply as soon as possible.

[Wandering ant]

Thank you Vinny.

[John]

I think it needs to be clear that the EEA citizen is exercising their Treaty Rights, either as employed, self-employed, student or self-sufficient person.

I make this point because if the EEA citizen is also newly-arrived in the UK, they have up to 3 months to start exercising those Treaty Rights. I don't think it makes any sense for the non-EEA family member to apply for a Residence Card, until their EEA citizen is properly exercising those Treaty Rights.

Or put it another way, if the EEA citizen is not exercising Treaty Rights, any application for a Residence Card by non-EEA family members would be bound to fail.

[Wandering ant]

Hi John,

We are going under the self-sufficient route, would it be okay for me to apply shortly after then? My husband the EEA is filing that we are self suficient. We have more than enough funds, have bought a house and our entire family have global insurance.

I have already been given the family permit. Just trying to see how to proceed when we get there.

[John]

Indeed yes. Assuming your husband is there in the UK with you, and the insurance includes comprehensive sickness insurance, apply soon after arrival.

[vinny]

Note that:

(c) "self-sufficient person" means a person who has—

(i) sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence; and

(ii) comprehensive sickness insurance cover in the United Kingdom;

[Wandering ant]

Thanks gentlemen! Well we should be okay......fingers crossed! We fit very well into the self-sufficient category.