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Yes you can apply for a RC without a EEA FP and you can apply within the UK.awt1031 wrote: ↑Thu Nov 08, 2018 12:37 pmI can apply for a residence card without having a family permit? Everything I've been told is that I need to leave the country to apply for a family permit, and then within 6 months apply for a residence card. Are you saying that I can now apply for a residence card, here in the UK, without leaving?
Yes, you can. A RC can only be applied for while in the country anyways
Incorrect advice.
Thanks for clarificationsecret.simon wrote: ↑Sat Nov 10, 2018 1:59 amIncorrect advice.
As an EFM, the OP will not have a right to reside in the UK until the Residence Card is issued. EEA applications do not extend leave to remain. Therefore the OP will be illegally resident in the UK from the time his Tier 4 visa expires till the time the Residence Card is issued.
S/he can request their passport back after having submitted it with the EEA application. However, they must leave the UK before their Tier 4 expires, if they have not received the Residence Card by then.
Alternatively, the safer option may be for the OP to leave the UK before the expiry of their Tier 4 and then apply for a Family Permit from outside the UK and then, having got a Family Permit as an EFM, arrive in the UK and then apply for a Residence Card.
Any illegal residence between the expiry of the Tier 4 visa and the issue of the Residence Card will have an adverse impact for up to 10 years on any future application under UK law, such as an application for naturalisation.
Thanks for clarificationsecret.simon wrote: ↑Sat Nov 10, 2018 1:59 amIncorrect advice.
As an EFM, the OP will not have a right to reside in the UK until the Residence Card is issued. EEA applications do not extend leave to remain. Therefore the OP will be illegally resident in the UK from the time his Tier 4 visa expires till the time the Residence Card is issued.
S/he can request their passport back after having submitted it with the EEA application. However, they must leave the UK before their Tier 4 expires, if they have not received the Residence Card by then.
Alternatively, the safer option may be for the OP to leave the UK before the expiry of their Tier 4 and then apply for a Family Permit from outside the UK and then, having got a Family Permit as an EFM, arrive in the UK and then apply for a Residence Card.
Any illegal residence between the expiry of the Tier 4 visa and the issue of the Residence Card will have an adverse impact for up to 10 years on any future application under UK law, such as an application for naturalisation.
Useful to start your own topic as the rules are very different for a spouse of an EU citizen. The posting in this topic is unmarried.vivi862 wrote: ↑Mon Nov 12, 2018 3:03 pmHi everyone - I'm in essentially the same boat but my partner and I are marrying next month (he's Irish, I'm American with Tier 4 Visa expiring 30/01/19). Do I still need to leave by the end of January or is my stay extended because we'll be married by then? I've been offered a job and am worried having to leave either during my Family Permit or RC application will mean I lose the job.Thanks!