Father is ill, must return home... but how?

[nippbit]

Hello,

I am applying for an EEA2 permit and I am currently overstayed on my existing visa(EEA Family Permit) due to processing times for the EEA2. I just recieved notice that my father is really ill and is not expected to last 6 months. I would like to return home to see him, but I'm wondering how?

So the issue is that I am overstayed, so leaving the country I could be denied entry coming back in, correct? Another issue is that I am employed, but since I am overstayed here then I suppose it could be twisted around that I am violating immigration law?

I have no problem leaving for a month and re-applynig for the EEA Family Permit, but since I have this overstay problem I can see the Home Office giving me some grief and possibly denying my application. If that happens then my wife will be here without my income and it would just cause a huge mess, one which I'd like to avoid. Any suggestions?

Thanks!

[86ti]

You are not an overstayer.

[nippbit]

You are not an overstayer.

How does that work? My visa ran out abuot 4 months ago and I don't have another visa, so I would assume that I am, by definition, overstayed.

[86ti]

Your rights are based on the relationship to the EEA national and not any formal act or a piece of paper. The EEA FP is not a visa.

[WellingtonKiwi]

Your rights are based on the relationship to the EEA national and not any formal act or a piece of paper. The EEA FP is not a visa.

Yes, you have a legal right to be in the country while your EEA2 is still under consideration – the only issue is entry clearance to the UK. Request return of your passport, and while outside of the UK apply for another EEA Family Permit in order to return.

[nippbit]

Once I request my passport back, I would loose my right to live and work in the UK. So in other words, I'd have to terminate my employment. That is not good, since both my wife and I rely on my income. This is turning into a nightmare!

Is there any way of requesting an expedite for the EEA2 application?

[WellingtonKiwi]

Under EEA regulations you can request return of your passport without affecting your application that is currently with the UKBA. UKBA told me this when my EEA2 was under consideration:
Requesting your passport back would not withdraw an application for Residence under European Law.
The information below is from the UKBA European Applications centre. Alternatively you could withdraw your application, visit your father, get another EEA Family Permit, return to the UK and submit another EEA2 application – but that will mean going to the end of the queue and no doubt will take even longer....


2. Return of Documents

If you have submitted your passport in support of your application under European law, we generally advise that you should not make any travel plans.

However, there may be occasions when you need to travel before your application has been decided and will need to request your passport back.

We will try to return your travel documents within 10 working days of you making us aware of your travel plans.

If you need to request your documents for emergency travel (because you will be travelling within the next 10 days), you must contact the UK Border Agency helpline on 0845 010 5200 and speak to a member of staff about your request. You must provide details of when you need to travel. This will help to make sure that we can deal with your request and return your documents to you as soon as possible.

Please note that we do not routinely accept emergency requests and you will need to provide proof of your need to travel.

If your expected date of travel is more than 10 days in the future, you must email your request to LiverpoolEuro.PassportReturns@UKBA.gsi.gov.uk. This is a dedicated email address that has been set up specially for non-urgent returns of passports. It is strictly monitored, and only non-urgent requests for passport returns should be sent to it - any other requests, including urgent requests and general queries about the progress of your application, will automatically be deleted and will not be progressed. Please do not submit your email request more than once. It is not advisable to book travel until you are in possession of the required documents.

[86ti]

Once I request my passport back, I would loose my right to live and work in the UK.

Why? You have just been told otherwise. Your right of residence and your right to work derives solely from your marriage with an EEA national. A residence card does not confer this right but merely confirms it. In the UK you do not even have to apply for residence card. How is your wife exercising her treaty rights as you say that you are the one who is responsible for the income?

BTW, the information WellingtonKiwi provided above is from http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/ .

[nippbit]

The advice I recieved was from a lawyer.

I'm still somewhat new to this country so I'm getting used to all the different rules and regulations. Thanks for your help so far!

So let me get this straight, basically I would request my passport back, travel to the states freely, and be able to come back without any issues, or do I have to secure a visa or a permit to come back?

How is your wife exercising her treaty rights as you say that you are the one who is responsible for the income?

She is economically self-sufficient and I am the income earner.

[nippbit]

She is economically self-sufficient and I am the income earner.

I should also mention that I do have medical coverage for her and my income is sufficient(although not by any luxurious terms )

[86ti]

So it looks that you are set up very well. Let's hope you won't have any troubles with the consulate in your country. Apply for an EEA family permit as soon as you arrive. Show all evidence that your wife is exercising treaty rights as self-sufficient. I suppose most of it is with HO now? Have you received the CoA (the confirmation of your application) yet? BTW, you will need comprehensive sickness insurance for all of you.

I hope you don't pay any money to this lawyer.

[garychopper]

I am currently in the UK on an EEA family permit (My wife is an EEA National) which was granted almost 6 months back from my home country from where we both came to the UK with an intention to settle and work. My wife is a self employed professional here in the UK and I also work.
my EEA permit runs out in 4 days time. i submitted my application for a resident card and i have just received a letter saying that there is a document missing.
Now it will take me atleast a week to get that document and when i resubmit my Application by that time I will overstay on my visa by a week.
Now I am in a fix, Should i return to my country and reapply from there or I can overstay here and apply from here.
Please help, because i dont want to be termed as an illegal.

Regards,

[86ti]

Now I am in a fix, Should i return to my country and reapply from there or I can overstay here and apply from here.
Please help, because i dont want to be termed as an illegal.

You have posted to this thread. Now please also read it esp. my first reply and the bolded text above.