Immigrationboards.com

Hello.

I am a non-EEA citizen. My wife is a Swiss National. We are here for three years while she is studying for an advanced degree. I am finishing a degree from an American institution. I read the date of my permit backwards, and just discovered that my Swiss Family Permit expired on 9 March. (I very mistakenly thought it was good until 3 September.) What are my options? Am I currently breaking the law or violating any treaties? Do I have to reapply for another Swiss Family Permit? Would I have to leave the country to do that? Should I and can I apply for a residence permit?

Forgive me if these are silly questions, but I've had trouble getting a direct answer from the services I've asked. Some of them have told me that I have to leave the country and pay them over £1,000 for their help reapplying for a Swiss Family Permit. Meanwhile, as I read the forum, and try to read between the lines of the Home Office's web site, it seems like I might not be violating any laws or treaties at all.

Thank you!

Where are you and Swiss national partner now?

We are in the UK. She has just finished her first year of study.

You have the right of residence as the family member of an EEA national whether you have a permit or not. Switzerland is an "EEA State" under Regulation 2 of the EEA regulations. You can apply for an EEA2 - it will help ease your time here as an EEA2 Residence Card proves to employers that you have a right to work, and you can travel in and out of the UK with it.

billy bay wrote:We are in the UK. She has just finished her first year of study.

Since you are already in UK then don't worry about the expiry of EEA family permit and just ignore the wrong advises as you stated above in your first post. Whenever, you ready can submit EEA2 RC application and better if your eea national partner find some work otherwise if she buy private medical insurance then still such application can be made on the basis of being student.

Don't forget about the CSI.

vinny wrote:Don't forget about the CSI.

My EEA/Swiss-national partner is a full-time student here in London (8am to 6pm, Mon - Fri, some weekends), and I am writing up my dissertation full-time (and caring for our children when they are not in nursery or school). We don't have time for additional part-time work. And this year we have all had health insurance through NHS. Will not having CSI be a problem when I eventually apply for an EEA2 permit?

Thanks everyone for your responses.

billy bay wrote:

vinny wrote:Will not having CSI be a problem when I eventually apply for an EEA2 permit?

Unfortunately, yes.