Is an EEA Residency Card even required?

I was issued an EEA Family Permit and my wife and I are leaving for the UK in about 3 weeks. I'm American and she's Irish/American dual citizen. So the way my wife had planned things in our minds, I would have to apply for an EEA Residency Card quickly after arriving.

And then I saw this:

As long as the non-EEA family member of an EEA national continues to meet the EEA Regulations they would not be considered as having ‘overstayed’ simply because the expiry date of their EEA family permit had passed.

https://www.gov.uk/government/publicati ... ily-permit

As a non-visa national, do I even need a Residency Card? I'm not very clear on this.

Basically, as long as my wife continues to reside there with me and is exercising treaty rights, which obviously she will be, then I don't actually need this?

Does not having it cause problems with work after the 6 month time period elapses?
...NHS registration?
...Applying for permanent residence?

Thanks.

Article 25 of Directive 2004/38EC states:

1. Possession of a registration certificate as referred to in Article 8, of a document certifying permanent residence, of a certificate attesting submission of an application for a family member residence card, of a residence card or of a permanent residence card, may under no circumstances be made a precondition for the exercise of a right or the completion of an administrative formality, as entitlement to rights may be attested by any other means of proof.

EUN2.20 What are the visa endorsements for EEA family permits? wrote:After entry to the UK the holder can apply to the Home Office for a residence card. A residence card (an endorsement in the holder’s passport) enables the holder to re-enter the UK without the need for an EEA family permit for as long as they are the family member of an EEA national with a right of residence in the UK. A residence card, which is normally valid for five years, is simply a confirmation of the holder’s right of residence in the UK - it is not a compulsory requirement.

However, some people may want to see it.

Update: Note : Residence cards are compulsory for extended family members.

You're absolutey right -- it's not required under EU/EEA or UK national law. However, as a U.S. citizen in this exact situation -- residing in the UK as the spouse of an EEA national -- I can tell you your life will be unnecessarily complicated without having an EEA residence card. Opening a bank account or being added as a joint account holder might be difficult if not impossible (at least after expiry of your EEA FP), employment will also be difficult if not impossible if you can't prove you have a right to reside once the FP has expired, likewise obtaining an NHS number, registering with a doctor, getting an NIH number will be difficult, certainly after the expiry of the FP has passed if not before. Plus every time you re-enter the country you have to re-prove everthing to the UKBF officer at passport control. The one thing the lack of an EEA residence card WON'T impact is your ability to obtain permanent residence. That is obtained automatically (just like initial residence rights) once certain criteria are met.

Keep in mind that current wait time for an EEA RC is running around 4 months or less, you can request your passport be returned to you as soon as the Home Office has your application package, and once you have the EEA RC you can begin using the EU/EEA citizens queue at passport control, which by itself is worth the minimal hassle of getting the RC.

GMB wrote:You're absolutey right -- it's not required under EU/EEA or UK national law. However, as a U.S. citizen in this exact situation -- residing in the UK as the spouse of an EEA national -- I can tell you your life will be unnecessarily complicated without having an EEA residence card. Opening a bank account or being added as a joint account holder might be difficult if not impossible (at least after expiry of your EEA FP), employment will also be difficult if not impossible if you can't prove you have a right to reside once the FP has expired, likewise obtaining an NHS number, registering with a doctor, getting an NIH number will be difficult, certainly after the expiry of the FP has passed if not before. Plus every time you re-enter the country you have to re-prove everthing to the UKBF officer at passport control. The one thing the lack of an EEA residence card WON'T impact is your ability to obtain permanent residence. That is obtained automatically (just like initial residence rights) once certain criteria are met.

Keep in mind that current wait time for an EEA RC is running around 4 months or less, you can request your passport be returned to you as soon as the Home Office has your application package, and once you have the EEA RC you can begin using the EU/EEA citizens queue at passport control, which by itself is worth the minimal hassle of getting the RC.

Thanks for this!

Well, it sounds like I probably should if for no other reason than to limit my bureaucratic nightmare, but it's good to know nothing terrible happens if my FP is expired before I get it.