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Rgd: Applying for the EEA family permit to be with my Italian husband in the UK as Canadian citizen.

My name is Tes. Here is my situation. Any help will be much appreciated...
1. I lived in the Uk for an year and a half on my Tier 5 visa. I am a Canadian Citizen.
2. Married my Italian husband in Nov. 2016.
3. Applied for the wrong visa (leave to remain) by accident in Jan. 2016.
4. My Tier 5 visa ended 01.02.2017.
5. ILR visa application is still in progress . On 23.02.2017 I have received a letter from the Home office that I need to submit my husband's UK residence permit, which he does not have, since he is an EU national and he was able to to work in the Uk with no permit.
6. My ILR application is still being processed at this point but I know that it will get rejected since I don't have the required document- and it's impossible to get it by the deadline which is in two weeks.
7. When I receive my passport back I am planning to apply for EEA family permit (EEA family visit visa for 6months).
I can't apply for EEA Resident card-EEA(FM) at this moment since we have a travel arrangement in May and my passport is needed.

Would I be able to get EEA family visa if I go to an any near by country and apply? Would this application be possible? Please advise.. Thank you in advance.

Even with the missing document, how would you qualify for Indefinite Leave to Remain (ILR) if your husband is here under EEA Regulations? ILR only applies to someone on who has been resident for 5 years under the UK Immigration Rules.

Neither would you qualify for Permanent Residence (PR) under EEA regulations if you have only been in the UK under a Tier 5 visa.

There is no EEA family visitor 'visa'
https://www.gov.uk/family-permit/overview

https://www.gov.uk/government/publicati ... egulations

@casa

Thanks for your quick reply...
I mean EEA family permit. Not 'visa'.

Yes I made a terrible mistake by applying for ILR.... I didn't know about that...

So do you think I will be able to get the EEA family permit if I travel to near by country to apply?

Please help! Thank you in advance...

It might be possible if you travel to Italy with your husband, apply for an EEA 6 month permit and return to the UK together.

@casa thank you!! Does it has to be Italy? Can it be any other country eg. Brussels. Read somewhere that their precessing time is fast.

tesr wrote:@casa thank you!! Does it has to be Italy? Can it be any other country eg. Brussels. Read somewhere that their precessing time is fast.

I'll leave others to respond who may be better placed to advise on your options.

@casa
Those links you gave me was a great help!
Thank you so much!! X

If anyone else has experienced being in the same situation please share your tips and story with me.
It will be much appreciated!

Hello!

Any help will be appreciated.

If my ILR application gets rejected and if my previous visa has expired- can I stay in the uk up to 90days after the rejected date? I read this somewhere. When do I have to leave the country?

Since i want to stay with my husband until we figure out our next step I would like to stay here for few months if possible...

Please let me know! Thank you in advance.

Posts merged.

Being ineligible for ILR is irrelevant to your automatic rights to reside under the EEA regulations, if your husband is a qualified person.

You may also apply for an EEA family permit from any country (outside the UK) in which you are legally present.

vinny wrote:Being ineligible for ILR is irrelevant to your automatic rights to reside under the EEA regulations, if your husband is a qualified person.

In other words, as long as your husband is a qualified person (is exercising treaty rights) you have the right to stay in the UK and don't really need any visa, residence card, or family permit. The residence card is recommended as is useful to prove a prospective employer that you have the right to work, and it is helpful for visa-required nationals to prove their right to enter the UK when traveling abroad. But it is not a legal requirement for you to remain in the UK.

You may also apply for an EEA family permit from any country (outside the UK) in which you are legally present.

Really? I'm not sure about this (did not find any specifics in the guideline documents), but happy to hear others' experiences on this. I always thought you had to apply either in your country of origin, or in the country you currently legally reside.

kamoe wrote:

vinny wrote:Being ineligible for ILR is irrelevant to your automatic rights to reside under the EEA regulations, if your husband is a qualified person.

In other words, as long as your husband is a qualified person (is exercising treaty rights) you have the right to stay in the UK and don't really need any visa, residence card, or family permit. The residence card is recommended as is useful to prove a prospective employer that you have the right to work, and it is helpful for visa-required nationals to prove their right to enter the UK when traveling abroad. But it is not a legal requirement for you to remain in the UK.

You may also apply for an EEA family permit from any country (outside the UK) in which you are legally present.

Really? I'm not sure about this (did not find any specifics in the guideline documents), but happy to hear others' experiences on this. I always thought you had to apply either in your country of origin, or in the country you currently legally reside.

I think the sticking point may be the difference between being legally present and legally resident. IMHO a visitor would be legally present but not resident.

Thank you everyone for you reply and help!


So I can stay even if my visa expired? But I need to leave the uk for two weeks and re enter in May 2018.

In that case should I need to apply for EEA family permit beforehand before my "90 days grace period" for overstay ends?


Thank you in advance!

I think you may reside in the UK as long as your husband is a qualified person.

1. As long as your husband is a qualified EU national, you were and are legally resident in the UK under the EEA rules. The expiration of any prior visas and current status of any pending applications is irrelevant. In fact, if you can withdraw the application and get a refund, you might consider doing that.
2. You can apply for a family member residence card now and simply request the return of your passport once they've signed for receipt of the application package. I've done this for four previous EEA applications and have always had the passports back in a week or two. Once in about 5 working days. However, others have not had the same luck for some reason, so there is no iron-clad guarantee here. You could ask the Canadian embassy if they can issue you either an emergency passport or a second full-validity tourist passport in the event your primary passport doesn't get back to you in time. Some countries (e.g. mine, the U.S.) will issue second tourist passports to deal with problems like this. Might be worth asking, and it's very useful to have a second passport in general, I find.
3. You're a non-visa-required national, therefore you've got no real need for a family permit. Despite what the UKVI like to tout, the main reason to have it is so that visa-required nationals can show something to be able to board flights to the UK. This doesn't apply to you.
4. If you want to get the FP anyway, you can apply for it from any UK embassy or consulate worldwide. The rule about having to apply from your home country is for visas under the domestic immigration rules. The FP isn't a visa and doesn't fall under those rules. But you may wait weeks for it to be issued.
5. You have the right under UK law to re-enter the country without an FP or a residence card due solely to your inherent status under EEA law. You simply have to have your documents in order: marriage certificate, copy of his passport to show his citizenship, proof that he's a qualified person (pay slips, letter of employment, whatever). If he's with you at the time, that's a bonus but not required by law. You just have to make it clear you are asserting your right to enter under EEA law. You might be delayed for a bit, but you'll get in. Remember, the UK government states that the residence card isn't a requirement for those under the EEA rules, so they can't penalize you for not having it.

Hi tesr,

Did you end up applying for the EEA Family Permit in Italy or did you make a different application? FYI, I have been advised by two separate immigration solicitors that I could apply for UK Residence Card in country, or EEA Family Permit at ANY UK consulate.

We too, are travelling to Italy soon and thus delaying our UK Residence Card application until we return, but considered having it done in Rome. So, curious about what you've done.

Cheers!

GMB wrote:1.
2. You can apply for a family member residence card now and simply request the return of your passport once they've signed for receipt of the application package. I've done this for four previous EEA applications and have always had the passports back in a week or two. Once in about 5 working days. However, others have not had the same luck for some reason, so there is no iron-clad guarantee here. You could ask the Canadian embassy if they can issue you either an emergency passport or a second full-validity tourist passport in the event your primary passport doesn't get back to you in time. Some countries (e.g. mine, the U.S.) will issue second tourist passports to deal with problems like this. Might be worth asking, and it's very useful to have a second passport in general, I find.

Once they return your passport are you able to travel out of the UK while the Residence permit is being processed? What would happen once you try to return to the UK and you don't have a permit, can you enter on just your passport on the basis that you have put in an application for a Residence permit and it is still being processed?

confusedandsad wrote:

GMB wrote:1.
2. You can apply for a family member residence card now and simply request the return of your passport once they've signed for receipt of the application package. I've done this for four previous EEA applications and have always had the passports back in a week or two. Once in about 5 working days. However, others have not had the same luck for some reason, so there is no iron-clad guarantee here. You could ask the Canadian embassy if they can issue you either an emergency passport or a second full-validity tourist passport in the event your primary passport doesn't get back to you in time. Some countries (e.g. mine, the U.S.) will issue second tourist passports to deal with problems like this. Might be worth asking, and it's very useful to have a second passport in general, I find.

Once they return your passport are you able to travel out of the UK while the Residence permit is being processed? What would happen once you try to return to the UK and you don't have a permit, can you enter on just your passport on the basis that you have put in an application for a Residence permit and it is still being processed?

It would be helpful if you could continue to post your questions in your own topic to avoid confusion in member tesr's thread.