Immigrationboards.com

Hello,

So I'm in desperate need of advice. I'm Australian in the Uk under a tier 5 visa which Ive only just realised is expiring in 2 weeks asI came here a few months after my visa was granted!!

I'm although Married to an EU citizen (Italian) as of the beggining of the year and relationship since coming to the UK in 2013.
My question is -

1- Can I apply for a Res card or does it have to be a EEA family permit?

2 - Will I be able to stay in the country and continue to work after my visa expiry date while it is being processed? (Same job since being in the UK)

Obviously Im rushing everything so the quickest way possible is the best option.

PLEASE PLEASE PLEASE HELP!

AHOUSTON15 wrote:1- Can I apply for a Res card or does it have to be a EEA family permit?

Family permits can only be applied from outside the UK

So I guess you will have to go for a residence card instead

Oh Sorry, Correction - Application to extend stay in the UK as a partner not an EEA family permit.

Is your partner exercising treaty rights (employed, studying, looking for work, self-sufficient, etc)? If so, just apply for a residence card as the family member of a citizen of the EEA (EEA2). Your rights are derived directly from this relationship, and the card would just be a CONFIRMATION of this. Legally, you require nothing to work other than the marriage certificate and his exercise of treaty rights, but often employers want the residence card. When you apply, you should get proof of this which ought to give you the right to work while you wait for the actual sticker.