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Tier 4 to Extended family member residence card of EEA national

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

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atwale44
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Re: Tier 4 to Extended family member residence card of EEA national

Post by atwale44 » Mon Jan 25, 2021 9:20 pm

i applied on the 24th of december, 2020. i have not received information on biometrics yet either. the only email i got was an application is being considered email. which i got on the 10th of january 2021. A case ID also came with the email. pls let me know if you receive any information too

kinsha01
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Re: Tier 4 to Extended family member residence card of EEA national

Post by kinsha01 » Sat Feb 13, 2021 10:31 am

atwale44 wrote:
Mon Jan 25, 2021 9:20 pm
i applied on the 24th of december, 2020. i have not received information on biometrics yet either. the only email i got was an application is being considered email. which i got on the 10th of january 2021. A case ID also came with the email. pls let me know if you receive any information too

Hi, here is update on my application. I have done my biometric.
application posted: 30/12/2020
application received: 31/12/2020
payment taken debit card: 12/01/2021
Biometrics letter Issued: 20/01/2021
COA Without Work Issued: 20/01/2020
Application Confirmation Email received: 22/01/2021
Biometrics letter Received: 01/02/2021
COA Without Work received: 01/02/2020
biometric done: 02/02/2021

What is your application detail? If you have your own post could you give link? Thanks

kinsha01
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Re: Tier 4 to Extended family member residence card of EEA national

Post by kinsha01 » Mon Feb 15, 2021 12:51 pm

Hi, I have the following questions regarding my application. I have done my biometrics and received COA without work. My visa is expiring at end of this month Feb 2021.

I am currently working part-time and on a furlough scheme? Will I have to leave my job before my visa expires by the end of this month?

If my visa is expiring, do I have to do anything besides waiting for my application decision?

What rights will change for me apart from I have received COA without work?

Thank you so much in advance.

atwale44
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Nigeria

Re: Tier 4 to Extended family member residence card of EEA national

Post by atwale44 » Tue Feb 16, 2021 8:12 pm

did you receive your COA after biometrics or it came with the biometrics letter?

kinsha01
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Re: Tier 4 to Extended family member residence card of EEA national

Post by kinsha01 » Wed Feb 17, 2021 10:20 am

atwale44 wrote:
Tue Feb 16, 2021 8:12 pm
did you receive your COA after biometrics or it came with the biometrics letter?
It came with the biometric letter.

kamoe
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Re: Tier 4 to Extended family member residence card of EEA national

Post by kamoe » Wed Feb 17, 2021 10:44 am

kinsha01 wrote:
Mon Feb 15, 2021 12:51 pm
Hi, I have the following questions regarding my application. I have done my biometrics and received COA without work. My visa is expiring at end of this month Feb 2021.
I'm afraid applying for a EEA Residence Card doe NOT cover you from becoming an overstayer. Therefore, as soon as your visa expires, you will be an overstayer. See rules regarding Leave extended by Section 3:
Section 3C does not extend leave where an application is made for a residence card under the EEA Regulations Immigration (European Economic Area) Regulations 2006 . An application for a residence card is not an application to extend or vary leave, it seeks confirmation that rights under the EEA Regulations are being exercised therefore the applicant does not require leave to enter or remain.
Regarding your next question:
I am currently working part-time and on a furlough scheme? Will I have to leave my job before my visa expires by the end of this month?
Not if you apply to extend your stay under covid exceptional assurance:
During the time in which your request for ‘exceptional assurance’ is pending you will continue on the conditions as per your current or most recently expired visa.

If you are granted ‘exceptional assurance’ it will act as a short-term protection against any adverse action or consequences after your leave has expired. If conditions allowed you to work, study or rent accommodation you may continue to do so during the period of your exceptional assurance. Exceptional assurance does not grant you leave. It is a means to protect those who are unable to leave the UK due to COVID-19 restrictions and not to facilitate travel, other than to return home.
Regarding your next question:
If my visa is expiring, do I have to do anything besides waiting for my application decision?
Leave the country (not really feasible under the current circumstances) or apply for extension under covid exceptional assurance .
What rights will change for me apart from I have received COA without work?
As an extended family member, you do not have any rights before your EEA card is issued.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
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Re: Tier 4 to Extended family member residence card of EEA national

Post by kamoe » Wed Feb 17, 2021 10:46 am

kinsha01 wrote:
Wed Feb 17, 2021 10:20 am
atwale44 wrote:
Tue Feb 16, 2021 8:12 pm
did you receive your COA after biometrics or it came with the biometrics letter?
It came with the biometric letter.
This is completely irrelevant. As EEA Extended Family Member the OP has no right to enter or stay in the UK before the issuing of their card.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

seekingadvice87
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Re: Tier 4 to Extended family member residence card of EEA national

Post by seekingadvice87 » Wed Feb 17, 2021 11:11 am

kinsha01 wrote:
Mon Feb 15, 2021 12:51 pm
Hi, I have the following questions regarding my application. I have done my biometrics and received COA without work. My visa is expiring at end of this month Feb 2021.

I am currently working part-time and on a furlough scheme? Will I have to leave my job before my visa expires by the end of this month?

If my visa is expiring, do I have to do anything besides waiting for my application decision?

What rights will change for me apart from I have received COA without work?

Thank you so much in advance.
Hello!

You continue work on tier 4 condition as normal but if visa expires, can’t work after visa expires because new condition coa no work right so can’t work after tier 4 visa right expires.

But hope you not overstayer because tier 4 visa expires and you not extend visa.

Good luck with application 😊

atwale44
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Re: Tier 4 to Extended family member residence card of EEA national

Post by atwale44 » Wed Feb 17, 2021 12:34 pm

my letter has arrived. im picking it up tomorrow, i dont know if its just the biometrics or with COA yet. i will let you know how it goes

kinsha01
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Re: Tier 4 to Extended family member residence card of EEA national

Post by kinsha01 » Thu Feb 18, 2021 12:05 pm

kamoe wrote:
Wed Feb 17, 2021 10:44 am
kinsha01 wrote:
Mon Feb 15, 2021 12:51 pm
Hi, I have the following questions regarding my application. I have done my biometrics and received COA without work. My visa is expiring at end of this month Feb 2021.
I'm afraid applying for a EEA Residence Card doe NOT cover you from becoming an overstayer. Therefore, as soon as your visa expires, you will be an overstayer. See rules regarding Leave extended by Section 3:
Section 3C does not extend leave where an application is made for a residence card under the EEA Regulations Immigration (European Economic Area) Regulations 2006 . An application for a residence card is not an application to extend or vary leave, it seeks confirmation that rights under the EEA Regulations are being exercised therefore the applicant does not require leave to enter or remain.
Regarding your next question:
I am currently working part-time and on a furlough scheme? Will I have to leave my job before my visa expires by the end of this month?
Not if you apply to extend your stay under covid exceptional assurance:
During the time in which your request for ‘exceptional assurance’ is pending you will continue on the conditions as per your current or most recently expired visa.

If you are granted ‘exceptional assurance’ it will act as a short-term protection against any adverse action or consequences after your leave has expired. If conditions allowed you to work, study or rent accommodation you may continue to do so during the period of your exceptional assurance. Exceptional assurance does not grant you leave. It is a means to protect those who are unable to leave the UK due to COVID-19 restrictions and not to facilitate travel, other than to return home.
Regarding your next question:
If my visa is expiring, do I have to do anything besides waiting for my application decision?
Leave the country (not really feasible under the current circumstances) or apply for extension under covid exceptional assurance .
What rights will change for me apart from I have received COA without work?
As an extended family member, you do not have any rights before your EEA card is issued.
Thanks for your response. I cannot leave the country as I am dependent on my EEA-national and a member of his household and my EEA-EFM is based on that. I want to apply for an extension using Applying to remain on the basis of family or private life and request to temporarily remain on the rights of my current visa until I get a decision. I can provide my application case number with this request. Is it strong enough? What proof I should provide for exceptional assurance?

kamoe
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Re: Tier 4 to Extended family member residence card of EEA national

Post by kamoe » Thu Feb 18, 2021 12:07 pm

kinsha01 wrote:
Thu Feb 18, 2021 12:05 pm
I want to apply for an extension using Applying to remain on the basis of family or private life and request to temporarily remain on the rights of my current visa until I get a decision. I can provide my application case number with this request. Is it strong enough? What proof I should provide for exceptional assurance?
There is an email address on that page, your best bet is to ask all those questions to them.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kinsha01
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Re: Tier 4 to Extended family member residence card of EEA national

Post by kinsha01 » Mon Feb 22, 2021 4:29 pm

kamoe wrote:
Wed Feb 17, 2021 10:44 am
kinsha01 wrote:
Mon Feb 15, 2021 12:51 pm
Hi, I have the following questions regarding my application. I have done my biometrics and received COA without work. My visa is expiring at end of this month Feb 2021.
I'm afraid applying for a EEA Residence Card doe NOT cover you from becoming an overstayer. Therefore, as soon as your visa expires, you will be an overstayer. See rules regarding Leave extended by Section 3:
Section 3C does not extend leave where an application is made for a residence card under the EEA Regulations Immigration (European Economic Area) Regulations 2006 . An application for a residence card is not an application to extend or vary leave, it seeks confirmation that rights under the EEA Regulations are being exercised therefore the applicant does not require leave to enter or remain.
Regarding your next question:
I am currently working part-time and on a furlough scheme? Will I have to leave my job before my visa expires by the end of this month?
Not if you apply to extend your stay under covid exceptional assurance:
During the time in which your request for ‘exceptional assurance’ is pending you will continue on the conditions as per your current or most recently expired visa.

If you are granted ‘exceptional assurance’ it will act as a short-term protection against any adverse action or consequences after your leave has expired. If conditions allowed you to work, study or rent accommodation you may continue to do so during the period of your exceptional assurance. Exceptional assurance does not grant you leave. It is a means to protect those who are unable to leave the UK due to COVID-19 restrictions and not to facilitate travel, other than to return home.
Regarding your next question:
If my visa is expiring, do I have to do anything besides waiting for my application decision?
Leave the country (not really feasible under the current circumstances) or apply for extension under covid exceptional assurance .
What rights will change for me apart from I have received COA without work?
As an extended family member, you do not have any rights before your EEA card is issued.

Hi, Could anyone please clarify the statement given in Section 3c extended leave document for EEA applications.

EEA applications
Section 3C does not extend leave where an application is made for a residence card
under the EEA Regulations Immigration (European Economic Area) Regulations
2006 . An application for a residence card is not an application to extend or vary
leave, it seeks confirmation that rights under the EEA Regulations are being
exercised therefore the applicant does not require leave to enter or remain
.

What does EEA regulations exercising means?

I am asking this as I am trying to figure out my immigration status if my visa expires before I receive a decision on my EEA(EFM) application for a residence card.

I contacted UKVI Visa contact centre regarding my current visa expiry while my EEA application decision pending. I am told that the applicant can stay in the country legally on my current visa status while the EEA application process. Am I given correct information as the above Section 3c second statement is ambiguous to me?

Thanks

kamoe
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Re: Tier 4 to Extended family member residence card of EEA national

Post by kamoe » Mon Feb 22, 2021 6:34 pm

kinsha01 wrote:
Mon Feb 22, 2021 4:29 pm
Hi, Could anyone please clarify the statement given in Section 3c extended leave document for EEA applications.
Section 3 describes when a current visa gets automatically extended when people apply to "extend or vary leave", before their new visa is decided, and to avoid the applicant to become an over stayer. However, this protection does not apply for EEA applications.

Let's split this into two parts:
EEA applications
Section 3C does not extend leave where an application is made for a residence card under the EEA Regulations Immigration (European Economic Area) Regulations 2006 .
The above says, black on white, that your permission to stay in the UK (your current student visa) does NOT get extended by the fact you applied for a Residence Card under EEA regulations. When your visa ends, you no longer have permission to stay. That is what you need to understand.
An application for a residence card is not an application to extend or vary leave, it seeks confirmation that rights under the EEA Regulations are being exercised therefore the applicant does not require leave to enter or remain.
This basically explains why your permission to stay does not get extended: It is because that can only happens when you apply "to extend or vary leave"; and EEA applications are NOT applications to extend or vary leave. Instead, they are "confirmations of rights". Yes, they confirm you have permission to stay but they are not "given" to you, they are "confirmed". This is a bit of a philosophical distinction, but it's there, and it is why your existing permission to stay (your student visa) does NOT get extended by virtue of your application under EEA route.
What does EEA regulations exercising means?
This refers to the fact that your EEA family member was exercising treaty rights in the UK and this is the reason you could apply under the EEA route. This exercise of rights by your EEA family member is the reason your EEA application is not an application "to extend or vary leave".
I am asking this as I am trying to figure out my immigration status if my visa expires before I receive a decision on my EEA(EFM) application for a residence card.
I already gave you a clear ansewr. You will be an overstayer when your student visa expires.
I contacted UKVI Visa contact centre regarding my current visa expiry while my EEA application decision pending. I am told that the applicant can stay in the country legally on my current visa status while the EEA application process.
Did you tell them you had applied for a new "visa"? If so, they might have gotten confused, since applications for most types of visas under UK rules (not EEA rules) do result in extension of leave to remain. But again, that is NOT your case; applications under the EEA routes are not visas, but confirmation of rights and that very fact means Section 3 does not help you here.
Am I given correct information
No you are not.
as the above Section 3c second statement is ambiguous to me?
I am with you there. I agree the wording it is not easy to disentangle.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

secret.simon
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Re: Tier 4 to Extended family member residence card of EEA national

Post by secret.simon » Mon Feb 22, 2021 8:15 pm

It will be much simpler when you understand the law behind the situation.

Before 31st December 2020, a non-British person could immigrate to the UK under two different sets of laws depending on their circumstances.

Two crucial points should be clarified at the onset.
a) The two sets of laws were mutually exclusive (i.e. a person could stay in the UK under one of the two sets of laws, but not both simultaneously)
b) Both of them are different from and separate to the nationality laws to get British citizenship.

i) EEA citizens, their family members and dependents would be able to reside under the EEA Regulations, which were issued under the European Communities Act 1972. Under these Regulations (and under EU freedom of movement law in general), its beneficiaries acquired these rights automatically (except Extended Family Members) and all the Home Office did was to verify that those rights existed.

With Extended Family Members (both dependents and durable partners), the situation was slightly different. They did not acquire rights automatically. However, the Home Office's role was limited to verifying whether they were indeed dependents or durable partners and issuing them a Residence Card, after which they acquired the same rights as family members. Note that the Home Office was not granting them a status, only verifying a status that should already exist.

ii) All other immigrants (and visitors) to the UK applied under the UK Immigration Rules, issued under the Immigration Act 1971. Under these Rules, the applicants did not have an automatic right to reside in the UK, but were granted leave (permission) to remain in the UK by the Home Office. In simple terms, in the lack of presence of the leave to remain, they were overstayers.

To prevent people who had valid pending applications for an extension of their leave (granted under the Immigration Rules and Act 1971) from becoming overstayers, Section 3C of that latter Act provided that if there was an application for extension of leave, their pre-existing leave would be extended until the time their application for an extension was decided (or until all appeals were exhausted).

So, by now, it should be clear what the term "leave" means. "Leave" can only be granted by an application under the Immigration Act 1971 & the Rules issued under that Act. So, if you switched from Tier 4 to a Tier 2, Tier 2 dependent or spouse of a British citizen, you would be applying for a variation of the Tier 4 leave that you already had and that would be covered under Section 3C.

An EFM application is not an application for leave under the UK Immigration Rules, but for a verification of a state of affairs that should already exist, under the EEA Regulations (a completely separate and unrelated set of laws). Therefore an EFM application is not covered by Section 3C leave.

Therefore when your Tier 4 visa/leave runs out, if your EFM status is not verified by then, you become an overstayer.

Applications for leave are considered withdrawn if the applicant leaves the UK while the application is in progress with the Home Office. Crucially, that limitation does not apply to EFM applications. Therefore, if your application is not decided by the time your Tier 4 visa runs out, I would encourage you to leave the UK.

Keep in mind that an overstay (even by a few days) will not impact any EFM application (because that is merely a verification of an existing state of affairs), but it will definitely impact any future British citizenship applications (which is a grant and not automatic).

Also see this old sticky thread on a court judgment on this very point.
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.

kinsha01
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Re: Tier 4 to Extended family member residence card of EEA national

Post by kinsha01 » Wed Feb 24, 2021 10:43 am

kamoe wrote:
Mon Feb 22, 2021 6:34 pm
kinsha01 wrote:
Mon Feb 22, 2021 4:29 pm
Hi, Could anyone please clarify the statement given in Section 3c extended leave document for EEA applications.
Section 3 describes when a current visa gets automatically extended when people apply to "extend or vary leave", before their new visa is decided, and to avoid the applicant to become an over stayer. However, this protection does not apply for EEA applications.

Let's split this into two parts:
EEA applications
Section 3C does not extend leave where an application is made for a residence card under the EEA Regulations Immigration (European Economic Area) Regulations 2006 .
The above says, black on white, that your permission to stay in the UK (your current student visa) does NOT get extended by the fact you applied for a Residence Card under EEA regulations. When your visa ends, you no longer have permission to stay. That is what you need to understand.
An application for a residence card is not an application to extend or vary leave, it seeks confirmation that rights under the EEA Regulations are being exercised therefore the applicant does not require leave to enter or remain.
This basically explains why your permission to stay does not get extended: It is because that can only happens when you apply "to extend or vary leave"; and EEA applications are NOT applications to extend or vary leave. Instead, they are "confirmations of rights". Yes, they confirm you have permission to stay but they are not "given" to you, they are "confirmed". This is a bit of a philosophical distinction, but it's there, and it is why your existing permission to stay (your student visa) does NOT get extended by virtue of your application under EEA route.
What does EEA regulations exercising means?
This refers to the fact that your EEA family member was exercising treaty rights in the UK and this is the reason you could apply under the EEA route. This exercise of rights by your EEA family member is the reason your EEA application is not an application "to extend or vary leave".
I am asking this as I am trying to figure out my immigration status if my visa expires before I receive a decision on my EEA(EFM) application for a residence card.
I already gave you a clear ansewr. You will be an overstayer when your student visa expires.
I contacted UKVI Visa contact centre regarding my current visa expiry while my EEA application decision pending. I am told that the applicant can stay in the country legally on my current visa status while the EEA application process.
Did you tell them you had applied for a new "visa"? If so, they might have gotten confused, since applications for most types of visas under UK rules (not EEA rules) do result in extension of leave to remain. But again, that is NOT your case; applications under the EEA routes are not visas, but confirmation of rights and that very fact means Section 3 does not help you here.
Am I given correct information
No you are not.
as the above Section 3c second statement is ambiguous to me?
I am with you there. I agree the wording it is not easy to disentangle.
Thanks for your answers. I have come across another interpretation of EEA-Application under Section 3c leave extended from this linkRight to reside under EEA (EFM) while awaiting decision.

vinny
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Re: Tier 4 to Extended family member residence card of EEA national

Post by vinny » Wed Feb 24, 2021 11:13 am

An application made under the (European Economic Area) Regulations 2006 (“the regulations”) seeks confirmation that rights under the regulations are being exercised and, as such, does not require and applicant to hold leave to enter or remain
In other words,
If they confirm that you have rights under the Regulations, then they won’t treat you as an overstayer.
If they don’t confirm that you have rights under the Regulations, then they may treat you as an overstayer, until you succeed in convincing them otherwise, by appealing or sending more evidence, etc.
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

kamoe
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Re: Tier 4 to Extended family member residence card of EEA national

Post by kamoe » Wed Feb 24, 2021 11:37 am

vinny wrote:
Wed Feb 24, 2021 11:13 am
An application made under the (European Economic Area) Regulations 2006 (“the regulations”) seeks confirmation that rights under the regulations are being exercised and, as such, does not require and applicant to hold leave to enter or remain
In other words,
If they confirm that you have rights under the Regulations, then they won’t treat you as an overstayer.
If they don’t confirm that you have rights under the Regulations, then they may treat you as an overstayer, until you succeed in convincing them otherwise, by appealing or sending more evidence, etc.
In other words, there is no guarantee the OP will not be treated as an overstayer, and the answer from the Home Office is, shockingly but not surprisingly, in error. :shock: (?)
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

vinny
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Re: Tier 4 to Extended family member residence card of EEA national

Post by vinny » Wed Feb 24, 2021 11:49 am

They apparently missed out the the part of what happens when they don’t confirm.
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

kamoe
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Re: Tier 4 to Extended family member residence card of EEA national

Post by kamoe » Wed Feb 24, 2021 11:51 am

kinsha01 wrote:
Wed Feb 24, 2021 10:43 am
Thanks for your answers. I have come across another interpretation of EEA-Application under Section 3c leave extended from this linkRight to reside under EEA (EFM) while awaiting decision.
You would have probably noticed the answer from the Home Office is saying what we have already established, that Section 3C does NOT protect EEA applications, in other words, that the applicant's current leave is not extended:
I can confirm that an application for an EEA Residence card is not covered under Section 3C.
Also, that confirmation of rights does not need an application for leave to remain:
An application made under the (European Economic Area) Regulations 2006 (“the regulations”) seeks confirmation that rights under the regulations are being exercised and, as such, does not require and applicant to hold leave to enter or remain.
But here is the thing: the above only applies to direct family members. As an extended family member you do NOT have automatic rights; you have those rights only when your card is issued (this is in line with vinny's opinion, if you get issued the EEA card you are good, if not, you are not).
In short, since an application of this nature is currently with us, you would not be classed as an overstayer when your previous leave expires and we would not expect you to leave the UK.
In my opinion, the caseworker who answered does not seem to know what they are doing... :shock: "since an application of this nature is currently with us," is not sufficient condition to conclude the applicant does not need leave to remain. They are treating the applicant as if they were a direct family member, which they are NOT. Their conclusion does NOT follow from the previous two statements.

This is as far as I can go in terms of interpretations here, I'll let more senior and knowledgeable members to confirm, correct me, or comment further.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

vinny
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Re: Tier 4 to Extended family member residence card of EEA national

Post by vinny » Wed Feb 24, 2021 12:24 pm

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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

kinsha01
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Re: Tier 4 to Extended family member residence card of EEA national

Post by kinsha01 » Thu Mar 11, 2021 6:14 pm

Thanks, everyone for your help, and this board was very useful.
I want to update you that I have received my application for the EEA-EFM residence card letter with all my documents and passport returned in a post today on 11th March 2021 after 2 months and 10 days. I will receive my residence card within 10 days.

Apart from this, I would like to highlight my current student visa expired on 28th Feb, 2021. I was confused about my status after visa expiry as the EEA residence card application does not give permission to work to an extended family member while the application process. Then, I informed my employer before my visa expired and the employer carried Employee Check service. My employer informed me I still have the right to work in the UK while waiting on the EEA-EFM residence application process as I had a student visa before.

Actually, during EEA application processing, I was not sure about my right to stay and work in UK. I would say from my experience you do not become an overstayer if your current visa expires after you make an application(in case of EEA application), you can stay in-country and work which was in my case. But, this information was not available clearly anywhere.

I hope this helps.

Thanks

atwale44
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Re: Tier 4 to Extended family member residence card of EEA national

Post by atwale44 » Thu Mar 11, 2021 6:39 pm

Congrats !
i have done my biometrics too. i pray to receive such good news too.

seekingadvice87
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Re: Tier 4 to Extended family member residence card of EEA national

Post by seekingadvice87 » Sun Mar 14, 2021 12:34 pm

kinsha01 wrote:
Thu Mar 11, 2021 6:14 pm
Thanks, everyone for your help, and this board was very useful.
I want to update you that I have received my application for the EEA-EFM residence card letter with all my documents and passport returned in a post today on 11th March 2021 after 2 months and 10 days. I will receive my residence card within 10 days.

Apart from this, I would like to highlight my current student visa expired on 28th Feb, 2021. I was confused about my status after visa expiry as the EEA residence card application does not give permission to work to an extended family member while the application process. Then, I informed my employer before my visa expired and the employer carried Employee Check service. My employer informed me I still have the right to work in the UK while waiting on the EEA-EFM residence application process as I had a student visa before.

Actually, during EEA application processing, I was not sure about my right to stay and work in UK. I would say from my experience you do not become an overstayer if your current visa expires after you make an application(in case of EEA application), you can stay in-country and work which was in my case. But, this information was not available clearly anywhere.

I hope this helps.

Thanks
Congratulations 🥳 you’re kind to inform of your situation to help others.

seekingadvice87
Member
Posts: 115
Joined: Sat Aug 01, 2015 9:29 pm

Re: Tier 4 to Extended family member residence card of EEA national

Post by seekingadvice87 » Sun Mar 14, 2021 12:35 pm

atwale44 wrote:
Thu Mar 11, 2021 6:39 pm
Congrats !
i have done my biometrics too. i pray to receive such good news too.
Good luck to you too

kinsha01
Newly Registered
Posts: 29
Joined: Fri Jan 08, 2021 7:29 pm
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Re: Tier 4 to Extended family member residence card of EEA national

Post by kinsha01 » Sun Mar 14, 2021 7:45 pm

atwale44 wrote:
Thu Mar 11, 2021 6:39 pm
Congrats !
i have done my biometrics too. i pray to receive such good news too.
Good luck :)

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