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EEA Family Permit or Reg certificate

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

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A_Abroad
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Posts: 3
Joined: Fri Nov 30, 2018 5:56 pm
United States of America

EEA Family Permit or Reg certificate

Post by A_Abroad » Fri Nov 30, 2018 6:08 pm

Hello,

I am a US citizen who will be the spouse of an EU-National living in the UK.

I am currently residing in the UK under a tier-4 visa, and will marry my partner while in the UK.

My question is as follows:
Which path do i need to follow in order to have a right to employment.

1) Apply for an EEA Family Permit
Which would mean applying from outside the country.
Therefore which country do i need to apply from, his country (POLAND) or my own (USA)?

2) Apply for registration certificate for residence as an EU Family member directly, since I am legally already in the UK, and we will be married before the end of my tier-4 visa.

Any answers with links to the correct application would be very much appreciated!

secret.simon
Moderator
Posts: 11014
Joined: Thu Feb 21, 2013 9:29 pm

Re: EEA Family Permit or Reg certificate

Post by secret.simon » Fri Nov 30, 2018 9:53 pm

A_Abroad wrote:
Fri Nov 30, 2018 6:08 pm
2) Apply for registration certificate for residence as an EU Family member directly, since I am legally already in the UK, and we will be married before the end of my tier-4 visa.
Plan for giving notice at least (or more than 70 days) before the expiry of your Tier 4 visa. The Registrar is required to notify the Home office about the mariages of any non-EEA citizens in the UK and the Home Office can extend the notice period to 70 days. That could end up making you an overstayer and have implications for any future applications under UK law (such as naturalisation).

Also, your EU partner, is s/he also a British citizen (such as being an Irish citzien born in Northern Ireland)? That may also have complications.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

A_Abroad
Newly Registered
Posts: 3
Joined: Fri Nov 30, 2018 5:56 pm
United States of America

Re: EEA Family Permit or Reg certificate

Post by A_Abroad » Sat Dec 01, 2018 8:06 am

Hi,

We have registered and the HO is not intending to extend our 28 day notice period (letter confirming no investigation received).

He is only Polish, and has not received British Citizenship or Permanent Residence.

We will get married without me overstaying thank goodness.

What I can’t figure out on my own is if 1) I will need to leave the country to apply for the EEA Family Permit 2) which country I need to apply for that document from 3) If I need the family permit at all as I will already be residing here, not reentering the UK and 4) If is should just apply for the registration certificate since I am already in the country legally, and will then be the spouse of an EEA national.

Thank you!

tiems
Newly Registered
Posts: 29
Joined: Sat Jul 14, 2018 6:13 pm
Netherlands

Re: EEA Family Permit or Reg certificate

Post by tiems » Sat Dec 01, 2018 8:19 am

If you are married and your EU partner is excercising treaty rights, you can go straight to the EEA:FM residency card.

A_Abroad
Newly Registered
Posts: 3
Joined: Fri Nov 30, 2018 5:56 pm
United States of America

Re: EEA Family Permit or Reg certificate

Post by A_Abroad » Sat Dec 01, 2018 8:53 am

Thank you!

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