Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Applying EEA EFM - Currently Tier 5

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba88, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, sbrennan

Post Reply
_hmld_
Newly Registered
Posts: 11
Joined: Sun Apr 08, 2018 3:54 pm
Mood:
Great Britain

Applying EEA EFM - Currently Tier 5

Post by _hmld_ » Fri Apr 13, 2018 8:05 am

Hello,

I have been following the forum awhile, and it's very helpful to collect experiences from different cases and applicant backgrounds.

I am in the preparation of my EEA EFM application now and are not sure by some of the situations below:

Background: I am a British Nationals Overseas (Commonwealth) and my partner is an EU background, QP.

My tier 5 visa expires in July. Planning to submit EEA EFM in June.

Here are the questions:

1. Can I stay in the UK while waiting during my application period while waiting for the decision to be made by Immigration? Even the tier 5 my visa is expired?

2. Can I travel/exit the border during my application?

3. What if my application gets refused (says December), will I become an overstayer? And how many days am I given to leave U.K?

4. For travel purpose, can I keep one of the two passports and send that as a copy? Which passport is preferred to keep?

5. We are not yet 2 years by the time we submit the application, but if adding up the period ( waiting for the decision to be made) it will be enough. Would that be a major risk? Are there any suggestions on what documents I can provide more to help with this?

Highly appreciate for your advice.

Best of luck.

_hmld_
Newly Registered
Posts: 11
Joined: Sun Apr 08, 2018 3:54 pm
Mood:
Great Britain

Re: Applying EEA EFM - Currently Tier 5

Post by _hmld_ » Sat Apr 14, 2018 8:14 pm

Can somebody kindly provide some advice? :cry:

Anything from your experiences would be really helpful for me. Highly appreciated.

secret.simon
Moderator
Posts: 5373
Joined: Thu Feb 21, 2013 9:29 pm

Re: Applying EEA EFM - Currently Tier 5

Post by secret.simon » Sat Apr 14, 2018 8:21 pm

If you are applying as an unmarried partner of an EEA citizen, you should apply as soon as possible after completing two years of cohabitation.
_hmld_ wrote:
Fri Apr 13, 2018 8:05 am
1. Can I stay in the UK while waiting during my application period while waiting for the decision to be made by Immigration? Even the tier 5 my visa is expired?
No. An EFM's right to reside in the UK only starts from the time the Residence Card is issued. Therefore you will be an overstayer for the time from when your T5 expires until the time the EFM Residence Card is issued. There will affect future citizenship applications.
_hmld_ wrote:
Fri Apr 13, 2018 8:05 am
2. Can I travel/exit the border during my application?
See above. You will be an overstayer from the time your Tier 5 visa expires. Therefore, you can leave, but you will not be able to reenter the UK.
_hmld_ wrote:
Fri Apr 13, 2018 8:05 am
5. We are not yet 2 years by the time we submit the application, but if adding up the period ( waiting for the decision to be made) it will be enough. Would that be a major risk? Are there any suggestions on what documents I can provide more to help with this?
Yes, it will be a major risk.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

_hmld_
Newly Registered
Posts: 11
Joined: Sun Apr 08, 2018 3:54 pm
Mood:
Great Britain

Re: Applying EEA EFM - Currently Tier 5

Post by _hmld_ » Sat Apr 14, 2018 8:33 pm

Hi Simon,

Thanks so much for your answer!
Based on your answer, does that mean even I receive a COA before my Tier 5 visa expires, I will be an overstayer and need to leave UK? (As we are now waiting a closer time to apply as we are cohabitation less than 2 years, but we can provide reasons why we were not.)


Thank you.

secret.simon
Moderator
Posts: 5373
Joined: Thu Feb 21, 2013 9:29 pm

Re: Applying EEA EFM - Currently Tier 5

Post by secret.simon » Sat Apr 14, 2018 8:37 pm

You will be issued a COA, because you will have submitted an application form. But the COA does not give you the right to anything. It merely certifies your status under EU law at the time your application was submitted. As you will not have the right to reside in the UK under EU law at the time your application was submitted, the COA will merely state that.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

_hmld_
Newly Registered
Posts: 11
Joined: Sun Apr 08, 2018 3:54 pm
Mood:
Great Britain

Re: Applying EEA EFM - Currently Tier 5

Post by _hmld_ » Sat Apr 14, 2018 8:53 pm

Thank you so much for your prompt reply, Simon.
It was clear- and now I am a bit worried about the situation, as this is unexpected.

However, If I submit my application, my passport will be with the home office during the application, so understanding I would be treated as an overstayer in this case, and but how could I leave U.K without the passport?

Thank you again!

_hmld_
Newly Registered
Posts: 11
Joined: Sun Apr 08, 2018 3:54 pm
Mood:
Great Britain

Re: Applying EEA EFM - Currently Tier 5

Post by _hmld_ » Mon Apr 16, 2018 1:27 pm

Just an update here.

I called HO-EEA department today just to double check my right to stay in U.K in the period between my visa expires and my EEA EFM application (pending) , I was told I can stay in UK. As long as my visa is valid at the time I apply the application , I won't be an overstayer while waiting for the decision. :|

I hope the mentioned above is the case, as I have saw the answer here the other day immediately brought the grey cloud above my head.

If anyone has similar case, please feel share about your situation.
Appreciated that.

secret.simon wrote:
Sat Apr 14, 2018 8:21 pm
If you are applying as an unmarried partner of an EEA citizen, you should apply as soon as possible after completing two years of cohabitation.
_hmld_ wrote:
Fri Apr 13, 2018 8:05 am
1. Can I stay in the UK while waiting during my application period while waiting for the decision to be made by Immigration? Even the tier 5 my visa is expired?
No. An EFM's right to reside in the UK only starts from the time the Residence Card is issued. Therefore you will be an overstayer for the time from when your T5 expires until the time the EFM Residence Card is issued. There will affect future citizenship applications.
_hmld_ wrote:
Fri Apr 13, 2018 8:05 am
2. Can I travel/exit the border during my application?
See above. You will be an overstayer from the time your Tier 5 visa expires. Therefore, you can leave, but you will not be able to reenter the UK.
_hmld_ wrote:
Fri Apr 13, 2018 8:05 am
5. We are not yet 2 years by the time we submit the application, but if adding up the period ( waiting for the decision to be made) it will be enough. Would that be a major risk? Are there any suggestions on what documents I can provide more to help with this?
Yes, it will be a major risk.

User avatar
Casa
Moderator
Posts: 21866
Joined: Wed Jul 23, 2008 2:32 pm
Great Britain

Re: Applying EEA EFM - Currently Tier 5

Post by Casa » Mon Apr 16, 2018 2:53 pm

Unwise to rely on the advice give over the Home Office 'help line'. This service is outsourced to an agency, with inadequately trained staff with very limited knowledge of the UK Immigration Rules, or the EEA Regulations. They take no responsibility for any incorrect advice given. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ayaniqda
Newly Registered
Posts: 13
Joined: Tue Feb 27, 2018 10:07 pm
Finland

Re: Applying EEA EFM - Currently Tier 5

Post by ayaniqda » Tue Apr 17, 2018 10:16 am

_hmld_ wrote:
Mon Apr 16, 2018 1:27 pm
Just an update here.

I called HO-EEA department today just to double check my right to stay in U.K in the period between my visa expires and my EEA EFM application (pending) , I was told I can stay in UK. As long as my visa is valid at the time I apply the application , I won't be an overstayer while waiting for the decision. :|

I hope the mentioned above is the case, as I have saw the answer here the other day immediately brought the grey cloud above my head.

If anyone has similar case, please feel share about your situation.
Appreciated that.

secret.simon wrote:
Sat Apr 14, 2018 8:21 pm
If you are applying as an unmarried partner of an EEA citizen, you should apply as soon as possible after completing two years of cohabitation.
_hmld_ wrote:
Fri Apr 13, 2018 8:05 am
1. Can I stay in the UK while waiting during my application period while waiting for the decision to be made by Immigration? Even the tier 5 my visa is expired?
No. An EFM's right to reside in the UK only starts from the time the Residence Card is issued. Therefore you will be an overstayer for the time from when your T5 expires until the time the EFM Residence Card is issued. There will affect future citizenship applications.
_hmld_ wrote:
Fri Apr 13, 2018 8:05 am
2. Can I travel/exit the border during my application?
See above. You will be an overstayer from the time your Tier 5 visa expires. Therefore, you can leave, but you will not be able to reenter the UK.
_hmld_ wrote:
Fri Apr 13, 2018 8:05 am
5. We are not yet 2 years by the time we submit the application, but if adding up the period ( waiting for the decision to be made) it will be enough. Would that be a major risk? Are there any suggestions on what documents I can provide more to help with this?
Yes, it will be a major risk.
Could you please share the number/link for contacting the EEA department of HO?

_hmld_
Newly Registered
Posts: 11
Joined: Sun Apr 08, 2018 3:54 pm
Mood:
Great Britain

Re: Applying EEA EFM - Currently Tier 5

Post by _hmld_ » Thu Apr 19, 2018 8:18 am

Hi ayaniqda

Here is the link
https://www.gov.uk/contact-ukvi-inside-outside-uk

You could select based on your need.

_hmld_
Newly Registered
Posts: 11
Joined: Sun Apr 08, 2018 3:54 pm
Mood:
Great Britain

Re: Applying EEA EFM - Currently Tier 5

Post by _hmld_ » Thu Apr 19, 2018 8:21 am

oh really> I supposed that's the source for the official information? doesnt matter they are outsourced or in-house? if that's not true, then I am really confused where I can get the most official messages/information from :?
Casa wrote:
Mon Apr 16, 2018 2:53 pm
Unwise to rely on the advice give over the Home Office 'help line'. This service is outsourced to an agency, with inadequately trained staff with very limited knowledge of the UK Immigration Rules, or the EEA Regulations. They take no responsibility for any incorrect advice given. :idea:

Post Reply
cron