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Tier 5 YMS to EEA - family permit

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

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khoang
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Australia

Tier 5 YMS to EEA - family permit

Post by khoang » Fri Jun 15, 2018 2:33 pm

Hey all,
I am an Australian national getting married to a Polish girl. We are both living and working in the UK.

I am going to apply for an EEA - family permit as a spouse, I understand from the other boards that this process will take ~3 months.

What happens if my visa ends while this is being processed? Will I have to leave and re-enter? Will they issue a bridging visa?

Apologies in advance if this has been answered before, I tried to search but could not find. A link to any relevant thread would be appreciated.

Cheers,

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CR001
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Re: Tier 5 YMS to EEA - family permit

Post by CR001 » Fri Jun 15, 2018 2:36 pm

No you won't. If you are married to a qualified EU citizen who is exercising treaty rights, then your rights in the UK are automatic.

The UK does not have 'bridging visas'.
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khoang
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Australia

Re: Tier 5 YMS to EEA - family permit

Post by khoang » Fri Jun 29, 2018 2:48 pm

Sorry for the late reply,

Does this mean I can stay while my application is being processed? Is it possible for you to link any information on the HMRC website? I checked but was unable to find anything.

Will I be able to work? Or does this depend on the CoA I get?

Thanks in advance

vinny
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Re: Tier 5 YMS to EEA - family permit

Post by vinny » Fri Jun 29, 2018 3:04 pm

Applications for an EEA family permit isn't available in the UK. Apply for a Residence card instead.
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.
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at12
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Re: Tier 5 YMS to EEA - family permit

Post by at12 » Fri Jun 29, 2018 7:47 pm

khoang wrote:
Fri Jun 29, 2018 2:48 pm
Is it possible for you to link any information on the HMRC website? .
You mean UKVI?
This is the law:
http://www.legislation.gov.uk/uksi/2016/1052/made
Extended right of residence
14.—(1) A qualified person is entitled to reside in the United Kingdom for as long as that person remains a qualified person.
(2) A person (“P”) who is a family member of a qualified person residing in the United Kingdom under paragraph (1) or of an EEA national with a right of permanent residence under regulation 15 is entitled to remain in the United Kingdom for so long as P remains the family member of that person or EEA national.
khoang wrote:
Fri Jun 29, 2018 2:48 pm
Will I be able to work? Or does this depend on the CoA I get?
If you are married your CoA will automatically state that you are allowed to work.

Have you already given notice of your marriage? That can be up to 70 days for non-EEA nationals.

khoang
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Australia

Re: Tier 5 YMS to EEA - family permit

Post by khoang » Sat Jun 30, 2018 8:25 am

Thanks everyone for the helpful replies.

So just to confirm, I believe I fill in this form?
https://www.gov.uk/government/publicati ... orm-eea-fm

I have already given notice to marriage, the ceremony is in a week! Home office did not extend the notice period thankfully.

madel
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Canada

Re: Tier 5 YMS to EEA - family permit

Post by madel » Wed Sep 12, 2018 12:21 pm

Hello,
Would you be able to provide an update on your situation?

I am in the same situation. I am a Canadian in the UK on a Tier 5 YMS and this summer I married my partner an EU citizen from Italy who has been exercising their treaty rights in the UK for 4 years (working and studying). My YMS expires in September 2019 and we would like to apply for the residence card to ensure my right to stay as a non-EU spouse after my current permit expires. However, we were worried about applying early and them potentially refusing (although I do not see how they could do so legally) and sending me away while my partner is still in school. We also do not want to apply too late and risk overstaying or having to leave my work while they process my application. All of this is further complicated by Brexit and the fact that residence cards will expire December 2020 and EU citizens will have to apply for another scheme that isn't even confirmed. I hope all has gone well on your end and that you had a lovely wedding. Any information would be greatly appreciated (I have combed over the gov website).
Thank you

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