Residence Card questions

I've been reading the board a lot but I'm still very confused, here's my situation, I moved from the USA to the UK with my family about a month ago, my wife is NON-EEA, her family permit expires at the end of September.

I'm looking to be self-employed and establish a retail business, problem is things are slower than I expected as I need to get a NIN first before even getting registered as self employed and that takes time, longer than I anticipated....

So here are my questions.

1) Since it might take a while until I can prove that I'm legitimately self employed, would it be any problem if my wife applies for a residence card after her family permit expires?

2) Would it be better to apply as self-sufficient before her family permit expires? I could make a solid case, but I understand it's almost next to impossible to get a comprehensive medical insurance .

3) Is there any time limit to apply for a RC? As long as I'm exercising my treaty rights, I understand she's in status, correct? So can I apply in 4 or 5 months or is not recommended? I'm just thinking I'll have a stronger case by then.

4) I don't think this will happen, but theoretically, if it takes me more than 3 months to establish my business, let's say it takes me 4 months, meaning that I'll have a lapse of one month in which I wouldn't be exercising my treaty rights, would that matter when I get my business going in regards of a RC application?

Thank you very much for your answers and keep up the good work you guys are doing with this board.

Remember, a RC only confirms a right to be here, it doesn't grant it. It all depends on EEA citizen exercising treaty rights here.

If you are exercising treaty rights, neither of you need to have a RC 9non EEA) or Registration Certificate (EEA). Your Family Permit "lapsing" does not mean your wife is not a family member any more.

Exercise treaty rights in the UK and, when you have enough evidence, submit your wife's application for a RC to confirm her right to be here. Although it is more convenient to have a RC, your wife is not legally required to have one.

To answer your questions:

1. NO.
2. Up to you. Get CSI.
3. No. She can apply whenever she wants. She doesn't have to apply.
4. If you're trading you are exercising treaty rights, IMHO.

A Residence Card application is in theory optional and there is no deadline in the UK. Your wife can do it or not do it whenever she decides. It has no bearing on her right to be in the UK, but is almost essential if she wants to work, and may be required if she wants to travel (What is her citizenship?).

You are working on establishing your business, and that can be your focus. If you are working as an employee, even part time, then you can apply for the RC on that basis.

How long will it take you to get a national insurance number?

My internet connection was down since Sunday so sorry I didn't reply before

I went to the interview to get a NIN already and I should have it in 4 to 6 weeks, based on the information I got here, I'll probably wait until I have my business set up and running for at least a few months before I send the RC application for my wife, we don't have plans to travel in the immediate future and she'll be working with me, so I think it's better to just wait instead of rushing out to get the RC without enough evidence.

I could also get a part time job as suggested, but I'm really busy dealing with my business, could get a CI and apply as self sufficient, but there's a risk it might be rejected and I understand they might retain my wife's passport (from reading other cases here) and I don't think it's worth it.

darkline wrote:I'll probably wait until I have my business set up and running for at least a few months before I send the RC application for my wife, we don't have plans to travel in the immediate future and she'll be working with me, so I think it's better to just wait instead of rushing out to get the RC without enough evidence.

That is one approach.

The other approach is to say that the evidence requirements are pretty fluid and the application is free. Why not submit with what you have now, and you might have back the RC at the end of the same "few months"