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What happens when Family Permit expires in UK?

Posted: Tue Jul 24, 2012 12:49 pm
by sc2012uk
We live in England. I am EU and my partner is non-EU but she has a Family Permit.

What would happen if my partner's Family Permit runs out, and I have not had a response to my EEA1 request OR my EEA1 request got refused, so I was not able to prove to be a qualified person at the time of my spouse's Family Permit expiry:
Will the UKBA then ask my partner to leave? Or will my partner continue to be legal in the UK as spouse of EU citizen (me).

I ask this question because I wonder if I will have enough time to re-submit EEA1 in case my current EEA1 gets refused (OR sent back for insufficient evidence).

Posted: Tue Jul 24, 2012 12:52 pm
by Punjab

Posted: Tue Jul 24, 2012 12:52 pm
by Directive/2004/38/EC
You do not say what kind of legal relationship you have with your partner.

If you have a "civil partnership" or are married, then your partner has a nearly absolute right to stay in the UK with you. If you are here, then they can remain. If you get expelled from the UK, then they can no longer remain though. Or if they are a threat to national security or to big public policy.

Posted: Tue Jul 24, 2012 1:00 pm
by sc2012uk
I'm sorry.
She is my spouse.
We're married since 2004 (and have one EU child).

So that's a relief...thanks.

Posted: Tue Jul 24, 2012 2:03 pm
by Directive/2004/38/EC
The RC is simply a confirmation of the rights your wife already has. And UKBA says it is fully optional to have one.