Does 28 days rule apply?

I am a non eu spouse of a British Citizen.My husby and I along with our 3 children had just returned to uk from Spain where he was exercising his treaty right.I applied for EEA FARMILY PERMIT from the British high commission in spain and the visa was granted for 6 months.The eea family permit will expire in February 2010.Since arriving in uk,my husband has got a job and i have also got a job and our children are now in school.Practically,there is no need for us to return to spain
My concern,
I can not apply for the RC untill march 2010 my husband will be travelling out of uk in january,to return early february.A solicitor once told us we should submit the application for Rc 28 days before my current eea family permit expires.Meaning the deadline will be end of january.I am not very convince with this 28 days requirements and i hope your ideas/advice will help me thru.
My husband really need to travel as the holiday has been approved by his employer for this period.

helenj wrote:A solicitor once told us we should submit the application for Rc 28 days before my current eea family permit expires.Meaning the deadline will be end of january.I am not very convince with this 28 days requirements and i hope your ideas/advice will help me thru.

You are right in doubting this solicitor. There is no such rule. In fact, you are not even required to apply for an RC under EEA regulations.

However, in practice and day-to-day realities (like opening a bank account, registering with the NHS, changing employer in the future, applying for a driving license), you will quickly see why it is best to have one!

I have already opened a bank account,obtained NI and registered with the NHS.
My only concern is that i will not be able to make the application for the RC untill March, then hoping and praying to get a reply by the end of 2010.
Thanks so much,and any additional experience as regard similar situation will highly be appreciated.

Apply now.

Vinny,
Thanks for the contribution,but i still think the chance of my husband (eea national)getting his passport back before january is so tiny if i apply now.
As been adviced on this forum,waiting till when my husband comeback home to uk will be better,since there is no requirement for me to apply before the eea family permit expires.
What do you think?

helenj wrote:there is no requirement for me to apply before the eea family permit expires.

Correct

Hello guys,I rang the HO out of curriousity yesterday to ask if i send in my application for RC on monday,will it be ok to send a photocopy of my eea husband's passport or can i get the passport back quick enough to allow him travel in january?
The operator gave a capital "NO" answer to both questions.
And the scary bit is he did mentioned that he will advice my husband to cancel his travel plans or i face a risk of being illegal when the eea family permit i already got expires,which could be detrimental to my future application.
Could that be possible or the operator was confused?

helenj wrote:Hello guys,I rang the HO out of curriousity yesterday to ask if i send in my application for RC on monday,will it be ok to send a photocopy of my eea husband's passport or can i get the passport back quick enough to allow him travel in january?
The operator gave a capital "NO" answer to both questions.
And the scary bit is he did mentioned that he will advice my husband to cancel his travel plans or i face a risk of being illegal when the eea family permit i already got expires,which could be detrimental to my future application.
Could that be possible or the operator was confused?

u can applied when you COA then u request the passport later