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Expired EEA/Swiss Family Permit

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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billy bay
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Posts: 3
Joined: Thu Jul 24, 2014 2:22 pm

Expired EEA/Swiss Family Permit

Post by billy bay » Thu Jul 24, 2014 2:33 pm

Hello.

I am a non-EEA citizen. My wife is a Swiss National. We are here for three years while she is studying for an advanced degree. I am finishing a degree from an American institution. I read the date of my permit backwards, and just discovered that my Swiss Family Permit expired on 9 March. (I very mistakenly thought it was good until 3 September.) What are my options? Am I currently breaking the law or violating any treaties? Do I have to reapply for another Swiss Family Permit? Would I have to leave the country to do that? Should I and can I apply for a residence permit?

Forgive me if these are silly questions, but I've had trouble getting a direct answer from the services I've asked. Some of them have told me that I have to leave the country and pay them over £1,000 for their help reapplying for a Swiss Family Permit. Meanwhile, as I read the forum, and try to read between the lines of the Home Office's web site, it seems like I might not be violating any laws or treaties at all.

Thank you!

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Re: Expired EEA/Swiss Family Permit

Post by sheraz7 » Thu Jul 24, 2014 3:05 pm

Where are you and Swiss national partner now?
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

billy bay
Newly Registered
Posts: 3
Joined: Thu Jul 24, 2014 2:22 pm

Re: Expired EEA/Swiss Family Permit

Post by billy bay » Thu Jul 24, 2014 3:29 pm

We are in the UK. She has just finished her first year of study.

rosebead
Member of Standing
Posts: 475
Joined: Sun Oct 28, 2012 7:55 am

Re: Expired EEA/Swiss Family Permit

Post by rosebead » Thu Jul 24, 2014 3:39 pm

You have the right of residence as the family member of an EEA national whether you have a permit or not. Switzerland is an "EEA State" under Regulation 2 of the EEA regulations. You can apply for an EEA2 - it will help ease your time here as an EEA2 Residence Card proves to employers that you have a right to work, and you can travel in and out of the UK with it.

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Re: Expired EEA/Swiss Family Permit

Post by sheraz7 » Thu Jul 24, 2014 4:37 pm

billy bay wrote:We are in the UK. She has just finished her first year of study.
Since you are already in UK then don't worry about the expiry of EEA family permit and just ignore the wrong advises as you stated above in your first post. Whenever, you ready can submit EEA2 RC application and better if your eea national partner find some work otherwise if she buy private medical insurance then still such application can be made on the basis of being student.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Expired EEA/Swiss Family Permit

Post by vinny » Thu Jul 24, 2014 11:53 pm

Don't forget about the CSI.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

billy bay
Newly Registered
Posts: 3
Joined: Thu Jul 24, 2014 2:22 pm

Re: Expired EEA/Swiss Family Permit

Post by billy bay » Fri Jul 25, 2014 7:15 am

vinny wrote:Don't forget about the CSI.
My EEA/Swiss-national partner is a full-time student here in London (8am to 6pm, Mon - Fri, some weekends), and I am writing up my dissertation full-time (and caring for our children when they are not in nursery or school). We don't have time for additional part-time work. And this year we have all had health insurance through NHS. Will not having CSI be a problem when I eventually apply for an EEA2 permit?

Thanks everyone for your responses.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Expired EEA/Swiss Family Permit

Post by vinny » Fri Jul 25, 2014 7:34 am

billy bay wrote:
vinny wrote:Will not having CSI be a problem when I eventually apply for an EEA2 permit?
Unfortunately, yes.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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