Residence card application

manolzelto · Post by **manolzelto** » Fri Feb 08, 2019 5:43 pm

Hi there,

just wondering if anyone could give me some advice regarding residence card. Me and my wife got married last year September, traveled around for a few weeks and then eventually returned back to the UK. She was issued EEA permit which is valid until this year April. End of Dec, beginning of January she was trying to find a job where we live, however she could only get 15h per week. Her friend found her a good job in London, 45h+ where she is staying at the moment.

My question is, seeing as the EEA permit is only valid until April, do we have any other options to look into, instead of waiting if residence card makes it back by then? Can she stay here&work without valid EEA permit?

When I was looking into a residence card application, there is a question if we live at a separate address. I go to London regularly and she comes down with the bus occasionally to see me. She is planning to come back April/May after the season stars here. Would it be a problem if we put the separate address on the form?

Many thanks for your help

Wise · Post by **Wise** » Fri Feb 08, 2019 7:53 pm

If you can apply a common sense to what you have posted. That form is design for purpose and do not create problem for yourself as i believed your marriage is genuine.

What you need to do is to agree within both parties where you will like to call your main home and after that wherever you both work or how you reach home during your off day is not anyone business including the home office.

Secondly, if she has a job before the expiry of permit,she may carry on working while the application is still in process and if the employer is asking for new permit just show them Certificate Of Application you received from HO or ask them verify themselves.

Good Luck.

kamoe · Post by **kamoe** » Sat Feb 09, 2019 2:54 pm

manolzelto wrote: ↑
Fri Feb 08, 2019 5:43 pm
My question is, seeing as the EEA permit is only valid until April, do we have any other options to look into, instead of waiting if residence card makes it back by then?

You can also apply for Pre-Settled status at the end of March: https://www.gov.uk/settled-status-eu-ci ... atus-means

Can she stay here&work without valid EEA permit?

As the family member of a EU national, she has the right to live and work in the UK. As per official communication of the Home Office on the RC application page:

There will be no change to the rights and status of EU citizens currently living in the UK until 30 June 2021, or 31 December 2020 if the UK leaves the EU without a deal.

So the answer to your question is that she could stay without an EEA card until 31 December 2020 if no deal, 31st December 2021 otherwise.

However, if she doesn't have a valid EEA residence document, she might find it difficult to prove her right to work. Now, as manoizelto said, if she does decide to apply for the RC, she should receive a CoA confirming her right to work shortly after, so no need to wait for the actual card to prove her right to work. BTW the timeframe for RC application decisions has reduced considerably in the last year, taking only between a few weeks on average; two months tops (but do check the most recent timeline thread to verify).

When I was looking into a residence card application, there is a question if we live at a separate address. I go to London regularly and she comes down with the bus occasionally to see me. She is planning to come back April/May after the season stars here. Would it be a problem if we put the separate address on the form?

As long as your marriage is genuine and you provide reasonable explanations as to why you live separately (such as different work arrangements), this should not be a problem. Best is to be truthful.

kamoe · Post by **kamoe** » Sat Feb 09, 2019 3:00 pm

kamoe wrote: ↑
Sat Feb 09, 2019 2:54 pm

manolzelto wrote: ↑
Fri Feb 08, 2019 5:43 pm
My question is, seeing as the EEA permit is only valid until April, do we have any other options to look into, instead of waiting if residence card makes it back by then?
You can also apply for Pre-Settled status at the end of March: https://www.gov.uk/settled-status-eu-ci ... atus-means
Can she stay here&work without valid EEA permit?
As the family member of a EU national, she has the right to live and work in the UK. As per official communication of the Home Office on the RC application page:
There will be no change to the rights and status of EU citizens currently living in the UK until 30 June 2021, or 31 December 2020 if the UK leaves the EU without a deal.
So the answer to your question is that she could stay without an EEA card until 31 December 2020 if no deal, 31st December 2021 otherwise.

However, if she doesn't have a valid EEA residence document, she might find it difficult to prove her right to work. Now, as Wise said, if she does decide to apply for the RC, she should receive a CoA confirming her right to work shortly after, so no need to wait for the actual card to prove her right to work. BTW the timeframe for RC application decisions has reduced considerably in the last year, taking only between a few weeks on average; two months tops (but do check the most recent timeline thread to verify).
When I was looking into a residence card application, there is a question if we live at a separate address. I go to London regularly and she comes down with the bus occasionally to see me. She is planning to come back April/May after the season stars here. Would it be a problem if we put the separate address on the form?
As long as your marriage is genuine and you provide reasonable explanations as to why you live separately (such as different work arrangements), this should not be a problem. Best is to be truthful.

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