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Article 10 Residence card - entry to UK

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

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gprit
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Posts: 31
Joined: Sat Feb 08, 2014 8:41 am

Article 10 Residence card - entry to UK

Post by gprit » Thu Feb 07, 2019 2:38 pm

Living in France for several years with my Thai wife I was going to apply via EEA Family for us to both return to the UK to live (using the Surinder Singh route). However, I came across this government article:
https://www.gov.uk/government/publicati ... dence-card

...which seems to state that if she is the holder of such a card with the prescribed wording (which she is) she can just come with me to the UK???

kamoe
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Posts: 519
Joined: Mon Sep 07, 2015 10:57 am

Re: Article 10 Residence card - entry to UK

Post by kamoe » Thu Feb 07, 2019 3:18 pm

gprit wrote:
Thu Feb 07, 2019 2:38 pm
Living in France for several years with my Thai wife I was going to apply via EEA Family for us to both return to the UK to live (using the Surinder Singh route). However, I came across this government article:
https://www.gov.uk/government/publicati ... dence-card

...which seems to state that if she is the holder of such a card with the prescribed wording (which she is) she can just come with me to the UK???
Correct. But that's just for entering the UK. She can still reside legally, but If she wants to prove her right to work she might want to consider applying for a RC or Settled Status after you have arrived.
My posts express my personal opinion, to the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

gprit
Newbie
Posts: 31
Joined: Sat Feb 08, 2014 8:41 am

Re: Article 10 Residence card - entry to UK

Post by gprit » Thu Feb 07, 2019 5:40 pm

what's RC??? (Residents Card?)
Is applying for that or Settled Status at a later date almost a formality? What is involved in applying for those? or is it pretty much the same process/documents as applying for EEA Family Permit in the first place?

kamoe
Senior Member
Posts: 519
Joined: Mon Sep 07, 2015 10:57 am

Re: Article 10 Residence card - entry to UK

Post by kamoe » Thu Feb 07, 2019 5:58 pm

gprit wrote:
Thu Feb 07, 2019 5:40 pm
what's RC??? (Residents Card?)
Residence Card. Widely used as abbreviation in this forum.
Is applying for that or Settled Status at a later date almost a formality?
What do you mean by formality?

As in, % of success? For a truthful, correct application, probably yes.
As in, not necesary? Then, no.

You could say the RC was not needed in Pre-Brexit Britain, if the non-EU did not intend to work at all, and was a stay-at-home spouse. But if they wanted to find employment they'd have trouble proving their right to work without a RC.

With Brexit, Pre-Settled status is compulsory, for EU and non-EU alike, stay at home or not, for all stays after 30th June 2021.
What is involved in applying for those? or is it pretty much the same process/documents as applying for EEA Family Permit in the first place?
RC is similar to FP, but I would say RC is a step up from applying for a Family Permit, as it's done once you are already the UK, when the EU national is supposed to be more settled, so there are more grounds for asking for more evidence. But the time/effort/documents needed is very similar.
My posts express my personal opinion, to the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

gprit
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Posts: 31
Joined: Sat Feb 08, 2014 8:41 am

Re: Article 10 Residence card - entry to UK

Post by gprit » Sun Feb 10, 2019 12:32 pm

Thanks for all the in information.I have decided that it is probably more prudent to plough on with my original plan and apply for EEA Family Permit using the Surinder Singh route.

kamoe
Senior Member
Posts: 519
Joined: Mon Sep 07, 2015 10:57 am

Re: Article 10 Residence card - entry to UK

Post by kamoe » Sun Feb 10, 2019 12:51 pm

gprit wrote:
Sun Feb 10, 2019 12:32 pm
Thanks for all the in information.I have decided that it is probably more prudent to plough on with my original plan and apply for EEA Family Permit using the Surinder Singh route.
Just keep in mind you have to apply before March 29th, and the FP will only be valid for 6 months.
If you plan to stay after June 2021, you will then need to apply to Pre-Settled status before that date.
My posts express my personal opinion, to the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

gprit
Newbie
Posts: 31
Joined: Sat Feb 08, 2014 8:41 am

Re: Article 10 Residence card - entry to UK

Post by gprit » Tue Feb 12, 2019 5:40 pm

Sooo...all this effort for 6 months???!! Do you think I should apply for pre-settled staus instead?
Just to recap.....I am UK national...my wife is Thai.....she has French resident card...I (we) have paid taxes etc in France since 2013......we have two children....both british....I am retired.....self sufficient....

thanks

kamoe
Senior Member
Posts: 519
Joined: Mon Sep 07, 2015 10:57 am

Re: Article 10 Residence card - entry to UK

Post by kamoe » Tue Feb 12, 2019 6:32 pm

gprit wrote:
Tue Feb 12, 2019 5:40 pm
Sooo...all this effort for 6 months???!!
In your last post you used Family Permit and Residence Card as interchangeable terms. They are different things. I did not notice the confusion in your last message and I answered it very literally. Sorry for that.

A Family Permit is a document to allow non-EU nationals to enter the UK. As such, the holder is supposed to use it for entry only, 6 months is enough. As your wife already has an Article 10 card, she does not need this to enter the UK.

You do not need a Family Permit (6 months). What you need is a Residence Card (5 years), for which you can only apply from inside you the UK.

So, what you can do is, you come to the UK with your wife, she enters using her Article 10 card, then she applies inside the UK for a Residence Card through the Surinder Singh route (before March 29th).
Do you think I should apply for pre-settled staus instead?
As far as I understand, Settled Status does not include any provision for Surinder Singh cases. The Residence Card guidance does have a section for Surinder Singh, but the Settled Status guidance doesn't: https://www.gov.uk/settled-status-eu-ci ... ligibility
You’ll not usually be eligible to apply if you’re married to a British citizen and you’re from outside the EU.
Regarding your last sentence:
Just to recap.....I am UK national...my wife is Thai.....she has French resident card...I (we) have paid taxes etc in France since 2013......we have two children....both british....I am retired.....self sufficient....
Yes, this makes you eligible for Surinder Singh.
My posts express my personal opinion, to the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

gprit
Newbie
Posts: 31
Joined: Sat Feb 08, 2014 8:41 am

Re: Article 10 Residence card - entry to UK

Post by gprit » Thu Feb 14, 2019 5:00 pm

Thanks for the very clear information.
"So, what you can do is, you come to the UK with your wife, she enters using her Article 10 card, then she applies inside the UK for a Residence Card through the Surinder Singh route (before March 29th). "


My problem /uncertainty is that before we move back to the UK I need to sell my house in France. Certainly won't be before 29th March(!). Assuming Article 10 still the same after Brexit, when we all get to the UK/buy a house, THEN apply for Residents Card....what if that is refused? What if they insist on a full 'Leave to Remain' visa application? (with it's outrageous cost and NHS payment requirement).

kamoe
Senior Member
Posts: 519
Joined: Mon Sep 07, 2015 10:57 am

Re: Article 10 Residence card - entry to UK

Post by kamoe » Fri Feb 15, 2019 10:40 am

gprit wrote:
Thu Feb 14, 2019 5:00 pm
My problem /uncertainty is that before we move back to the UK I need to sell my house in France. Certainly won't be before 29th March(!). Assuming Article 10 still the same after Brexit, when we all get to the UK/buy a house, THEN apply for Residents Card....what if that is refused? What if they insist on a full 'Leave to Remain' visa application? (with it's outrageous cost and NHS payment requirement).
That is the sad reality of Brexit.

Note that all my answers above refer to the provisions in place now. Discussing your options post-Brexit deserves its own post, and for this, I have asked three key questions I'm hoping more experienced members of this forum can offer some insightful answers to. Take a look here: eea-route-applications/two-questions-ab ... 74731.html
My posts express my personal opinion, to the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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