Travel close to visa expiry

[geeb33]

Hi there,

Just wondering what your thoughts are on going on holiday close to a visa expiring? E.g. if visa expires in 2 weeks, would the UK let me in at border patrol with no issues, or could they potentially question the hell out of me & try confirm I'm leaving. I'm applying for EEA EFM so technically I can and will be staying after my visa expires while I wait for the decision.

Thanks!

[secret.simon]

What is the basis of the EEA EFM?

Remember that the rights of an extended family member only kick in when they are issued Home Office documentation stating that. That is in contrast to the rights of a direct family member, which derive from their relationship to the EEA citizen and are directly enforceable even without Home office documentation.

So, if you are in the UK on a leave to remain under the UK Immigration Rules and then you stay in the UK, you are an overstayer for the period between the time your leave to remain expires and you get a Family Permit or Residence Card as an EFM.

That may not have any impact under EU law, but that may cause issues when it comes to applying for British citizenship.

[geeb33]

Hi there,

I understood that if I apply for my EEA EFM then I will received a COA within a month or so confirming I can stay in the UK without rights to work - which means I would not be an overstayer is that right?? I'm applying in March (unmarried), YMS visa expires May and employment will stop then too, then I'll be hanging around the UK aimlessly til August when I hopefully receive a decision.

[secret.simon]

Page 25 of the Processes and procedures: for EEA documentation applications Home Office guidance:

The COA does not confirm that the holder has a right of residence in the UK:

• a ‘short’ COA confirms receipt of the holder’s application.It does not confirm any right to work for the applicant
  
  a ‘long’ COA confirms receipt of the holder’s application and confirms the applicant’s ability to take employment in the UK whilst their application is outstanding

As an EFM, you get the short COA.

Also, Page 30 of the document linked to above;

Extended family members, including durable partners, of EEA nationals do not enjoy an automatic right of residence in the UK until they have been issued with a document by the Home Office confirming such a right.

You must issue a ‘short’ COA to extended family members who have submitted an application for a residence card regardless of the level of evidence submitted with their application.

[geeb33]

Oh dear. Okay I misunderstood the COA was only about a right to work, not actually a right to reside. I thought a right to reside was a given if you're waiting on a response from the HO department. What happens if they want to interview us and we're not in the country?? I can't believe I missed that after spending so much time looking into this. Thanks for letting me know!

[secret.simon]

From your previous posts, it seems the EFM application is based on a durable relationship. Have you considered getting married? That would make you a direct family member and you do not run the risk of overstaying.

Obviously that should not be the only grounds to get married, but it certainly should be grounds to consider it.

[geeb33]

Thanks. Yea we have considered it perhaps it is the correct option to take now that I realise I can't actually stay here while waiting. It's a bigger deal in our parents eyes.

Perhaps I will wait for the COA and then decide. I've read they make mistakes and issue rights to work/live - maybe I'll get lucky.We'd just leave together while waiting but he is studying. Perhaps he can write the dissertation from abroad. We just don't want to be apart obviously!

Ah well. Thank you very much for your help on this