Extended Family Member pending, visa expiring soon

Hello All,

I applied for a residence card as an extended family member of my EU partner (Irish) on the 4 July. I submitted my biometrics on the 17 July and received COA without right to work on the 17 July as well. However, my current Tier 4 visa will expire soon on the 4 September.

I contacted Home Office in regards to my application and asked if I will be considered overstaying in the UK past the 4 September. I was told that while I have an application pending with the Home Office I am allowed to remain in the UK and I will not be considered an overstayer. I have not found any confirmation of this through my search online, rather I have found contradictory information saying that this is only the case for immigration/visa applications and not for EEA Applications.

From what I understand, as I am applying as an extended family member, I do not have an automatic right to be in the UK with my EU partner. Has anyone had experience with their visa expiring while waiting for a residence card, particularly someone applying as an extended family member? My concern is being considered an overstayer and I would like to avoid this if possible.

Thanks in advance!

The Home Office contact centre is a third party contact centre and not staffed by Home office employees. The Home Office does not take responsibility for incorrect advice either. So it is good that you did your own research.

kaeg wrote: ↑

Tue Aug 20, 2019 8:06 pm

this is only the case for immigration/visa applications and not for EEA Applications.

kaeg wrote: ↑

Tue Aug 20, 2019 8:06 pm

as I am applying as an extended family member, I do not have an automatic right to be in the UK with my EU partner.

Correct on both counts.

kaeg wrote: ↑

Tue Aug 20, 2019 8:06 pm

My concern is being considered an overstayer and I would like to avoid this if possible.

You would be wise to avoid that as it may cause complications in the future. You may want to look at leaving the UK, moving either to another EEA member-state or to your country of origin, before your Tier 4 visa expires.

Thanks Secret.Simon for your reply!

I also found this FOI request that states the same: Those applying for a residence card via EFM status do not have a right to live and work in the UK and would be at risk of overstaying a visa while their application is pending.

The staff answering the Home Office number appear to regularly give out incorrect information regarding this, as can be read below.


https://www.whatdotheyknow.com/request/ ... ing-750929

The staff answering the Home Office number appear to regularly give out incorrect information regarding this, as can be read below.

I second that. I heard my horror stories about this support line.

Hi, what happened after?

Did you finish your visa application and did you face any implications after?

kaeg wrote: ↑

Tue Aug 27, 2019 8:24 am

Thanks Secret.Simon for your reply!

I also found this FOI request that states the same: Those applying for a residence card via EFM status do not have a right to live and work in the UK and would be at risk of overstaying a visa while their application is pending.

The staff answering the Home Office number appear to regularly give out incorrect information regarding this, as can be read below.


https://www.whatdotheyknow.com/request/ ... ing-750929

Hi,

I made sure to leave the UK before my visa expired to avoid overstaying. My residence card application was accepted a few weeks later. It took about 11 weeks in total.

Best wishes.