Dea_25 wrote:Hi, I am in a similar situation to you and was wondering the same. It would make sense that you would have the right to be here while your application was being considered because as you say, the timescales wouldn't work otherwise. Also, they hold on to your passport so it's not as if you can leave after 6 months (unless you request it back).
Interesting to note that they might only undertake stages 2 and 4 but suppose it makes sense if your relationship status was already verified during the EEA family permit process - though they also would have looked at the EEA partner's status then but I suppose this is to ensure they are still a qualified person.
I am consulting an immigration lawyer on this next week as I'd also like to confirm the right to work under this visa category, including in the grey area between EEA family permit expiry and before a residence card is issued. I can post back after that.
Also note that the application form has changed on Feb 6 - I was unlucky enough to send mine off the next day using a version of the application form I printed off the day before it was updated!
Hi Dea_25,
I was wondering if you ever got to consulting an immigration lawyer on this? I've recently received my CoA with Right to Work. However, as I've submitted my Residence Card application in mid-May there is virtually no chance of getting the result before my EEA Family Permit expires in early October.
It is so frustrating that there is no way to get a clear answer on this. Am I allowed to remain in the UK until the Residence Card decision is announced? Will I be considered an over-stayer if it somehow gets refused?
To make matters more frustrating, when using the online form to request the passports back there was a bullet point mentioning that "if I am the main applicant or another applicant and I am subject to immigration control (i.e. not settled or an EEA national or the family member of an EEA national) and I have requested my travel document for identity purposes I understand that if I use those documents to travel outside the UK, Republic of Ireland, Channel Islands and Isle of Man my application may be refused, voided or withdrawn and the fee will not be refunded. I may also be unable to re-enter the UK;".
If anyone on the forum has an answer to this, feel free to pitch in.
Best Regards,
Pinn
