Apply residence card without EEA Family permit

Hi all,
My husband (Italian citizen) and myself (non-EEA citizen,previously hold tier 5 visa) just got married last month in Italy and we now come back to London, where my husband has been working here for almost 3 years. At present, I'm in London on a 6 month tourist visa but it will be expired within 2 months, and we don't plan to go out UK in these 2 month because my husband have job here.

So my question is : Can I apply for the EEA 2 Residence Card from within the UK on a tourist visa without EEA family permit? or Should I leave the UK and apply for an EEA FP instead?

Thanks for any reply~

As the spouse of an EEA citizen, your rights (such as your right to reside in the UK) flow automatically from your marriage and the Residence Card is merely documentary proof of such rights. So it can't be denied.

The EEA FP is basically just a visit visa for family members of EEA citizens.

secret.simon wrote:The EEA FP is basically just a visit visa for family members of EEA citizens.

It also serves as a settlement visa.

Richard W wrote:

secret.simon wrote:The EEA FP is basically just a visit visa for family members of EEA citizens.

It also serves as a settlement visa.

Settlement does not really apply to a time-limited visa that merely facilitates entry into ­UK and does not lead to settled status.

noajthan wrote:

Richard W wrote:

secret.simon wrote:The EEA FP is basically just a visit visa for family members of EEA citizens.

It also serves as a settlement visa.

Settlement does not really apply to a time-limited visa that merely facilitates entry into ­UK and does not lead to settled status.

Do you object to calling a spouse visa a 'settlement visa'? That too is time-limited. The key point here is that the EEA FP allows one to enter with a view to settlement and provides employers with a statutory excuse, just like a spouse visa, and unlike a fiancé visa. Unlike a spouse visa, it isn't evidence of the usual exemption from paying for the NHS.

As part of a chain of 'visas', a family permit is the first step (optional for EEA nationals) for an extended family member on the road to settled status, in the regular sequence of next residence card and then, optionally, permanent residence card.

Richard W wrote:Do you object to calling a spouse visa a 'settlement visa'? That too is time-limited. The key point here is that the EEA FP allows one to enter with a view to settlement and provides employers with a statutory excuse, just like a spouse visa, and unlike a fiancé visa. Unlike a spouse visa, it isn't evidence of the usual exemption from paying for the NHS.

As part of a chain of 'visas', a family permit is the first step (optional for EEA nationals) for an extended family member on the road to settled status, in the regular sequence of next residence card and then, optionally, permanent residence card.

The purpose of a spouse visa is to facilitate settlement.
Spouse visa is fine as 'settlement' applies in UK context. For spouses, a spouse visa is not optional and there is a defined path of subsequent visas to follow.

The purpose of a FP is to facilitate entry into UK, usually to facilitate the free movement rights of some Union citizen.
FP is an optional and time-limited visa-that-merely-facilitates-entry-into-UK.
There is no daisy chain of 'visas' in the EU route, just a bunch of optional confirmatory documents.

There are many possible outcomes for someone on a free movement journey, including returning to the home memberstate.
There is no single trajectory with a foregone conclusion, so, for me, a FP does not sit in the settlement camp..

noajthan wrote:There is no daisy chain of 'visas' in the EU route, just a bunch of optional confirmatory documents.

Ah, has Regulation 7(3) of the EEA Regulations been overturned? I thought the part I've highlighted in red was a bit iffy.

(3) Subject to paragraph (4), a person who is an extended family member and has
been issued with an EEA family permit, a registration certificate or a residence card
shall be treated as the family member of the relevant EEA national for as long as he
continues to satisfy the conditions in regulation 8(2), (3), (4) or (5) in relation to that
EEA national and the permit, certificate or card has not ceased to be valid or been
revoked.

noajthan wrote:There are many possible outcomes for someone on a free movement journey, including returning to the home memberstate.
There is no single trajectory with a foregone conclusion, so, for me, a FP does not sit in the settlement camp..

Similarly for someone on the explicit settlement route. Remember, I said 'also' as to the functions of an FP - it can be used for a mere visit or for arrival with a view to a settlement. Someone who already has a 'home member state' should normally use a different document - an EEA ID card, EEA passport, or (permanent) residence card.

This topic relates to direct family members not EFM.

Free movement and treaty rights (of which a FP is just a minor and parochial supporting document, for UK only), has next to nothing to do with the narrow aim of settlement in any one country of the Union.

So my point is that the usage and concept of settlement, in immigration terms, still belongs to the domestic immigration route alone.