Tier 4 to Extended family member residence card of EEA national

kinsha01 · Post by **kinsha01** » Fri Jan 08, 2021 8:59 pm

Hi Everyone,

I am on non-eu on student visa tier 4 in UK and I have applied as UK residence card before 31st december, 2020 as extended family member(sister) of EEA-national from inside UK.

I have applied on 30th December by post using EEA-EFM form and sent documents with form. I should receive a letter for biometric but not sure when I will receive.

Anyone who know what is processing time of receiving residence card being extended family member of EEA national inside UK as HM website shows 6 months maximum and minimu 6-10 weeks.

If anyone had same case, please advise.

Thank you so much for your time in advance.

Regards,

kamoe · Post by **kamoe** » Sat Jan 09, 2021 10:15 am

kinsha01 wrote: ↑
Fri Jan 08, 2021 8:59 pm
Anyone who know what is processing time of receiving residence card being extended family member of EEA national inside UK as HM website shows 6 months maximum and minimu 6-10 weeks.

Latest timelines are discussed here. Looks like anywhere between 1-3 months.

kinsha01 · Post by **kinsha01** » Sat Jan 09, 2021 10:08 pm

kamoe wrote: ↑
Sat Jan 09, 2021 10:15 am

kinsha01 wrote: ↑
Fri Jan 08, 2021 8:59 pm
Anyone who know what is processing time of receiving residence card being extended family member of EEA national inside UK as HM website shows 6 months maximum and minimu 6-10 weeks.
Latest timelines are discussed here. Looks like anywhere between 1-3 months.

Thanks for your response. Yes, I have checked it's between 2-3 months. Most of them applied in august-September. I have applied on 30th December which is one day before deadline. So I am not sure how long it will take. Will it take same time as others?

Thanks

Lumiere678 · Post by **Lumiere678** » Sun Jan 10, 2021 9:50 am

Could I ask what visa you applied for to BE in the Uk? My brother has applied for an EEA family permit and has been declined on the grounds that family only includes parents spouse and children.

kamoe · Post by **kamoe** » Sun Jan 10, 2021 9:54 am

kinsha01 wrote: ↑
Sat Jan 09, 2021 10:08 pm
I am not sure how long it will take. Will it take same time as others?

No one can answer that. The reason there are timelines discussed here is because that is the closest thing there exists to an actual tracking system. Nothing else can give you a closer estimate than that.

kamoe · Post by **kamoe** » Sun Jan 10, 2021 10:01 am

Lumiere678 wrote: ↑
Sun Jan 10, 2021 9:50 am
Could I ask what visa you applied for to BE in the Uk? My brother has applied for an EEA family permit and has been declined on the grounds that family only includes parents spouse and children.

OP's stated at the beginning of their post they are on Tier 4 Student.

Be aware the OP's case is likely different than yours. Ask your question in your own separate topic and you will have better chances of getting an adequate answer.

kinsha01 · Post by **kinsha01** » Sun Jan 10, 2021 11:27 am

Lumiere678 wrote: ↑
Sun Jan 10, 2021 9:50 am
Could I ask what visa you applied for to BE in the Uk? My brother has applied for an EEA family permit and has been declined on the grounds that family only includes parents spouse and children.

I have applied for uk residence card as an extended family member(siblings) of EEA-national. parents,spouse, children comes under close family. Siblings, cousin, niece, aunt comes under the extended family which I understood.

kinsha01 · Post by **kinsha01** » Sun Jan 10, 2021 11:29 am

kamoe wrote: ↑
Sun Jan 10, 2021 9:54 am

kinsha01 wrote: ↑
Sat Jan 09, 2021 10:08 pm
I am not sure how long it will take. Will it take same time as others?
No one can answer that. The reason there are timelines discussed here is because that is the closest thing there exists to an actual tracking system. Nothing else can give you a closer estimate than that.

Thanks. Yes, I understand. I was wondering if there is any body who applied in the last dates so I can know how is timelines now. I hope somebody will see this post.

kinsha01 · Post by **kinsha01** » Sun Jan 10, 2021 11:31 am

Lumiere678 wrote: ↑
Sun Jan 10, 2021 9:50 am
Could I ask what visa you applied for to BE in the Uk? My brother has applied for an EEA family permit and has been declined on the grounds that family only includes parents spouse and children.

I am not sure exact your situation but if you are applying for EEA family permit from outside. You might get more info on this post eea-route-applications/eea-extended-fam ... l#p1979131

secret.simon · Post by **secret.simon** » Sun Jan 10, 2021 12:14 pm

kinsha01 wrote: ↑
Fri Jan 08, 2021 8:59 pm
I am on non-eu on student visa tier 4 in UK

When does your student visa expire?

kinsha01 · Post by **kinsha01** » Sun Jan 10, 2021 7:27 pm

secret.simon wrote: ↑
Sun Jan 10, 2021 12:14 pm

kinsha01 wrote: ↑
Fri Jan 08, 2021 8:59 pm
I am on non-eu on student visa tier 4 in UK
When does your student visa expire?

My visa expires end of Feb, 2021. If I donot get decision by then. Will I be overstayer?
Any advises?

Thanks

secret.simon · Post by **secret.simon** » Sun Jan 10, 2021 8:02 pm

kinsha01 wrote: ↑
Sun Jan 10, 2021 7:27 pm
My visa expires end of Feb, 2021. If I donot get decision by then. Will I be overstayer?

Yes, thence the question.

Section 3C protection applies to applications under the UK Immigration Rules (including Appendix EU). But they don't apply to applications under the EEA Regulations, which is what an EFM application is.

kinsha01 · Post by **kinsha01** » Sun Jan 10, 2021 9:52 pm

secret.simon wrote: ↑
Sun Jan 10, 2021 8:02 pm

kinsha01 wrote: ↑
Sun Jan 10, 2021 7:27 pm
My visa expires end of Feb, 2021. If I donot get decision by then. Will I be overstayer?
Yes, thence the question.

Section 3C protection applies to applications under the UK Immigration Rules (including Appendix EU). But they don't apply to applications under the EEA Regulations, which is what an EFM application is.

ok, so

-what is a Certificate of application(COA) with work or without work as I was reading in different posts?
-Does it allow me to legally stay unless application processes?
-Is there any way I can request HM to make it process faster before my visa expires?
-if I request for passport return and travel back, does my application automatically withdrawn with this act?Or HM will still process if I go back?

thanks in advance.

secret.simon · Post by **secret.simon** » Sun Jan 10, 2021 11:07 pm

kinsha01 wrote: ↑
Sun Jan 10, 2021 9:52 pm
-what is a Certificate of application(COA) with work or without work as I was reading in different posts?
-Does it allow me to legally stay unless application processes?

A CoA is a letter from the Home Office stating whether you can work and stay in the UK while your application is being decided. It states rights that you already have and does not grant any. EFMs get a "short" CoA (without the right to live and work in the UK), while direct family members get a "long" CoA (with the right to work and live in the UK).

As I mentioned, these rights are predetermined by law and therefore you can't request the Home Office for a "long" CoA.

kinsha01 wrote: ↑
Sun Jan 10, 2021 9:52 pm
-Is there any way I can request HM to make it process faster before my visa expires?

Her Majesty tends not to get involved in immigration applications. To the best of my knowledge there is no process to request the Home Office (HO) to prioritise your application (otherwise everybody on these forums would be doing it all the time and the system would fail anyway as everybody would be high priority/urgent).

kinsha01 wrote: ↑
Sun Jan 10, 2021 9:52 pm
-if I request for passport return and travel back, does my application automatically withdrawn with this act?Or HM will still process if I go back?

Applications under the EEA Regulations are not automatically withdrawn if you request your passport back and to the best of my knowledge, you can request your passport back and leave the country (that is not the case for applications under the Immigration Rules). But wait for others to advise further on this point.

kamoe · Post by **kamoe** » Mon Jan 11, 2021 9:59 am

Agree with @secret.simon. For recap, and adding some comment to the two last questions:

kinsha01 wrote: ↑
Sun Jan 10, 2021 9:52 pm
-what is a Certificate of application(COA) with work or without work as I was reading in different posts?

A Certificate of application (COA ) is exactly that: A document certifying you applied. In the case of EFM, like you, I'm afraid a CoA its nothing more than that. It does NOT confirm anything else, until the actual outcome of the application is decided. So you cannot rely on this to legally stay in the UK.

-Does it allow me to legally stay unless application processes?

No.

-Is there any way I can request HM to make it process faster before my visa expires?

No. But there are two things you might consider if you have difficulty leaving the UK before your visa expires:

1. You can always contact your MP for escalations of your case. Some people have reported that this expedites their outcome. However, this tends to be justified only in exceptional circumstances and when the HO has taken substantially longer to process an application. In your case, you just submitted the application in the nick of time... I'm afraid you have done yourself no favour timing it like that. Keep this in mind but don't use it as plan B just yet.

2. You could try to apply for 'exceptional assurance'. This is a system in place in response to covid travel restrictions, to prevent people from becoming overstayers in the UK. The requirement is that you visa expires before 31st of January 2021... but you can always give it a try. Seems like you only need to send an email with your details, explaining why you have not been able to leave the UK before your visa expires (so you need to have at least attempted to have your passport back in time and have attempted booking a ticket abroad); so not much effort wasted if at all it does not work.

-if I request for passport return and travel back, does my application automatically withdrawn with this act?Or HM will still process if I go back?

You can indeed request your passport back and travel abroad without this invalidating your application. I think the earliest you can have it back is after you have your biometrics taken.

kinsha01 · Post by **kinsha01** » Mon Jan 11, 2021 1:14 pm

secret.simon wrote: ↑
Sun Jan 10, 2021 11:07 pm

kinsha01 wrote: ↑
Sun Jan 10, 2021 9:52 pm
-what is a Certificate of application(COA) with work or without work as I was reading in different posts?
-Does it allow me to legally stay unless application processes?
A CoA is a letter from the Home Office stating whether you can work and stay in the UK while your application is being decided. It states rights that you already have and does not grant any. EFMs get a "short" CoA (without the right to live and work in the UK), while direct family members get a "long" CoA (with the right to work and live in the UK).

As I mentioned, these rights are predetermined by law and therefore you can't request the Home Office for a "long" CoA.

kinsha01 wrote: ↑
Sun Jan 10, 2021 9:52 pm
-Is there any way I can request HM to make it process faster before my visa expires?
Her Majesty tends not to get involved in immigration applications. To the best of my knowledge there is no process to request the Home Office (HO) to prioritise your application (otherwise everybody on these forums would be doing it all the time and the system would fail anyway as everybody would be high priority/urgent).

kinsha01 wrote: ↑
Sun Jan 10, 2021 9:52 pm
-if I request for passport return and travel back, does my application automatically withdrawn with this act?Or HM will still process if I go back?
Applications under the EEA Regulations are not automatically withdrawn if you request your passport back and to the best of my knowledge, you can request your passport back and leave the country (that is not the case for applications under the Immigration Rules). But wait for others to advise further on this point.

Thank you so much for response.

kinsha01 · Post by **kinsha01** » Mon Jan 11, 2021 1:18 pm

kamoe wrote: ↑
Mon Jan 11, 2021 9:59 am
Agree with @secret.simon. For recap, and adding some comment to the two last questions:
kinsha01 wrote: ↑
Sun Jan 10, 2021 9:52 pm
-what is a Certificate of application(COA) with work or without work as I was reading in different posts?
A Certificate of application (COA ) is exactly that: A document certifying you applied. In the case of EFM, like you, I'm afraid a CoA its nothing more than that. It does NOT confirm anything else, until the actual outcome of the application is decided. So you cannot rely on this to legally stay in the UK.
-Does it allow me to legally stay unless application processes?
No.
-Is there any way I can request HM to make it process faster before my visa expires?
No. But there are two things you might consider if you have difficulty leaving the UK before your visa expires:

1. You can always contact your MP for escalations of your case. Some people have reported that this expedites their outcome. However, this tends to be justified only in exceptional circumstances and when the HO has taken substantially longer to process an application. In your case, you just submitted the application in the nick of time... I'm afraid you have done yourself no favour timing it like that. Keep this in mind but don't use it as plan B just yet.

2. You could try to apply for 'exceptional assurance'. This is a system in place in response to covid travel restrictions, to prevent people from becoming overstayers in the UK. The requirement is that you visa expires before 31st of January 2021... but you can always give it a try. Seems like you only need to send an email with your details, explaining why you have not been able to leave the UK before your visa expires (so you need to have at least attempted to have your passport back in time and have attempted booking a ticket abroad); so not much effort wasted if at all it does not work.
-if I request for passport return and travel back, does my application automatically withdrawn with this act?Or HM will still process if I go back?
You can indeed request your passport back and travel abroad without this invalidating your application. I think the earliest you can have it back is after you have your biometrics taken.

Thanks for detailed information and to two ways to process it faster. But definitely I just submitted application. I will wait until biometrics. Then I will take Plan B.

Could you please link posts with similar cases if you find as I am looking through form but I did not find relevant Tier 4 visa case.

Thanks

kamoe · Post by **kamoe** » Tue Jan 12, 2021 3:07 pm

kinsha01 wrote: ↑
Sat Jan 09, 2021 11:36 pm
Hi,
Can you directly apply for EU settlement pre-settled status without applying for a Residence card as non-eu member of EEA national ?

Thanks

Not if, as yourself, you are an extended family member. You need a EEA Residence Card first.

kinsha01 · Post by **kinsha01** » Tue Jan 12, 2021 7:51 pm

kamoe wrote: ↑
Tue Jan 12, 2021 3:07 pm

kinsha01 wrote: ↑
Sat Jan 09, 2021 11:36 pm
Hi,
Can you directly apply for EU settlement pre-settled status without applying for a Residence card as non-eu member of EEA national ?

Thanks
Not if, as yourself, you are an extended family member. You need a EEA Residence Card first.

Thanks, Is it possible to make an application for my current UK Tier 4 visa extension while EEA residence card application processing as EEA-EFM? I mean is it possible to make two applications at the same time?

kamoe · Post by **kamoe** » Tue Jan 12, 2021 8:23 pm

kinsha01 wrote: ↑
Tue Jan 12, 2021 7:51 pm
Thanks, Is it possible to make an application for my current UK Tier 4 visa extension while EEA residence card application processing as EEA-EFM? I mean is it possible to make two applications at the same time?

Short answer is yes, it is possible; but I do not think that will work in your case.

Long answer is... let me reword your questions a bit.

Q: Is it generally possible to make two UK visa/permit applications at the same time?
A: There are two possible scenarios here:

a. Both applications are under UK rules (e.g., one under Tier 4, and another under Tier 2, Tier 1, Settled Status, etc.)
Generally speaking, it is indeed possible to make two or more UK visa/permit applications at the same time, but this has consequences. Broadly speaking, whatever your latest application is, that is the one that will ultimately prevail. The outcome of the latest will invalidate the former.

b. One application is under UK rules, the other under EEA rules (e.g., your case, one under Tier 4, the other as EEA Residence Card)
In this case both applications can go ahead, and their outcomes will not cancel each other out. At the end of the process you could indeed end up having two concurrent and valid visas at the same time.

Q: Is it possible to apply for a Tier 4 visa when applicant is already on a Tier 4 visa?
A: Answer is yes, but there are conditions, again, depending on two scenarios here:

a. You are inside the UK
Your new course needs to be of a higher level than the one that you completed on your current Tier 4 (Masters if completed Undergraduate degree; PhD if completed Masters), or you need to justify how this new course constitutes a professional progression.

b. You are outside of the UK
There is no condition of level or progression regarding the new course.

As you can guess, the progression rule is there precisely to prevent students from enrolling in courses with the sole objective of extending their stay in the UK, without their studies ever being their main reason to be in the UK.

Also, you visa expires at the end of February. That leaves you nowhere near sufficient time to choose, apply to a new course, interview, be accepted, then prepare and submit your new visa.

kinsha01 · Post by **kinsha01** » Thu Jan 21, 2021 9:50 pm

Hi,
I have a question regarding my application as an Extended Family member residence card which I applied on 30th December 2020. But, I have not received any confirmation or letter for biometric for which I am waiting. I already had biometric done when I came to the UK on a tier 4 visa. So do they need my biometric again?
Thanks

kamoe · Post by **kamoe** » Thu Jan 21, 2021 10:33 pm

kinsha01 wrote: ↑
Thu Jan 21, 2021 9:50 pm
Hi,
I have a question regarding my application as an Extended Family member residence card which I applied on 30th December 2020. But, I have not received any confirmation or letter for biometric for which I am waiting.

In normal times it would take about 2 to 3 weeks to receive the letter. These are not normal times, and on top of that you applied in the middle of the holidays. Way too early to be thinking there is a delay or problem of any kind.

I already had biometric done when I came to the UK on a tier 4 visa. So do they need my biometric again?
Thanks

Yes you need to give biometrics again.

secret.simon · Post by **secret.simon** » Thu Jan 21, 2021 11:41 pm

kamoe wrote: ↑
Thu Jan 21, 2021 10:33 pm

I already had biometric done when I came to the UK on a tier 4 visa. So do they need my biometric again?
Thanks
Yes you need to give biometrics again.

To expand on this, you will need to submit your biometrics with every immigration application (any renewals, ILR/Settled Status, etc) and even at the time of submission of your naturalisation application (if you choose to go down that route).

kinsha01 · Post by **kinsha01** » Sat Jan 23, 2021 4:21 pm

Ok thanks for your response.

kinsha01 · Post by **kinsha01** » Sat Jan 23, 2021 4:23 pm

kamoe wrote: ↑
Thu Jan 21, 2021 10:33 pm

kinsha01 wrote: ↑
Thu Jan 21, 2021 9:50 pm
Hi,
I have a question regarding my application as an Extended Family member residence card which I applied on 30th December 2020. But, I have not received any confirmation or letter for biometric for which I am waiting.
In normal times it would take about 2 to 3 weeks to receive the letter. These are not normal times, and on top of that you applied in the middle of the holidays. Way too early to be thinking there is a delay or problem of any kind.
I already had biometric done when I came to the UK on a tier 4 visa. So do they need my biometric again?
Thanks
Yes you need to give biometrics again.

Thanks. I have received confirmation of my application by email yesterday(22nd Jan 2021) after 3 weeks. Now, I am looking forward for biometric letter.

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Tier 4 to Extended family member residence card of EEA national

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Re: Tier 4 to Extended family member residence card of EEA national

Re: Tier 4 to Extended family member residence card of EEA national

Re: Tier 4 to Extended family member residence card of EEA national

Re: Tier 4 to Extended family member residence card of EEA national

Re: Tier 4 to Extended family member residence card of EEA national

Re: Tier 4 to Extended family member residence card of EEA national

Re: Tier 4 to Extended family member residence card of EEA national

Re: Tier 4 to Extended family member residence card of EEA national

Re: Tier 4 to Extended family member residence card of EEA national

Re: Tier 4 to Extended family member residence card of EEA national

Re: Tier 4 to Extended family member residence card of EEA national

Re: Tier 4 to Extended family member residence card of EEA national

Re: Tier 4 to Extended family member residence card of EEA national

Re: Tier 4 to Extended family member residence card of EEA national

Re: Tier 4 to Extended family member residence card of EEA national

Re: Tier 4 to Extended family member residence card of EEA national

Re: Tier 4 to Extended family member residence card of EEA national

Re: Tier 4 to Extended family member residence card of EEA national

Re: Tier 4 to Extended family member residence card of EEA national

Re: Tier 4 to Extended family member residence card of EEA national