Immigrationboards.com

Hello,

I have been following the forum awhile, and it's very helpful to collect experiences from different cases and applicant backgrounds.

I am in the preparation of my EEA EFM application now and are not sure by some of the situations below:

Background: I am a British Nationals Overseas (Commonwealth) and my partner is an EU background, QP.

My tier 5 visa expires in July. Planning to submit EEA EFM in June.

Here are the questions:

1. Can I stay in the UK while waiting during my application period while waiting for the decision to be made by Immigration? Even the tier 5 my visa is expired?

2. Can I travel/exit the border during my application?

3. What if my application gets refused (says December), will I become an overstayer? And how many days am I given to leave U.K?

4. For travel purpose, can I keep one of the two passports and send that as a copy? Which passport is preferred to keep?

5. We are not yet 2 years by the time we submit the application, but if adding up the period ( waiting for the decision to be made) it will be enough. Would that be a major risk? Are there any suggestions on what documents I can provide more to help with this?

Highly appreciate for your advice.

Best of luck.

Can somebody kindly provide some advice?

Anything from your experiences would be really helpful for me. Highly appreciated.

If you are applying as an unmarried partner of an EEA citizen, you should apply as soon as possible after completing two years of cohabitation.

_hmld_ wrote: ↑

Fri Apr 13, 2018 8:05 am

1. Can I stay in the UK while waiting during my application period while waiting for the decision to be made by Immigration? Even the tier 5 my visa is expired?

No. An EFM's right to reside in the UK only starts from the time the Residence Card is issued. Therefore you will be an overstayer for the time from when your T5 expires until the time the EFM Residence Card is issued. There will affect future citizenship applications.

_hmld_ wrote: ↑

Fri Apr 13, 2018 8:05 am

2. Can I travel/exit the border during my application?

See above. You will be an overstayer from the time your Tier 5 visa expires. Therefore, you can leave, but you will not be able to reenter the UK.

_hmld_ wrote: ↑

Fri Apr 13, 2018 8:05 am

5. We are not yet 2 years by the time we submit the application, but if adding up the period ( waiting for the decision to be made) it will be enough. Would that be a major risk? Are there any suggestions on what documents I can provide more to help with this?

Yes, it will be a major risk.

Hi Simon,

Thanks so much for your answer!
Based on your answer, does that mean even I receive a COA before my Tier 5 visa expires, I will be an overstayer and need to leave UK? (As we are now waiting a closer time to apply as we are cohabitation less than 2 years, but we can provide reasons why we were not.)


Thank you.

You will be issued a COA, because you will have submitted an application form. But the COA does not give you the right to anything. It merely certifies your status under EU law at the time your application was submitted. As you will not have the right to reside in the UK under EU law at the time your application was submitted, the COA will merely state that.

Thank you so much for your prompt reply, Simon.
It was clear- and now I am a bit worried about the situation, as this is unexpected.

However, If I submit my application, my passport will be with the home office during the application, so understanding I would be treated as an overstayer in this case, and but how could I leave U.K without the passport?

Thank you again!

Just an update here.

I called HO-EEA department today just to double check my right to stay in U.K in the period between my visa expires and my EEA EFM application (pending) , I was told I can stay in UK. As long as my visa is valid at the time I apply the application , I won't be an overstayer while waiting for the decision.

I hope the mentioned above is the case, as I have saw the answer here the other day immediately brought the grey cloud above my head.

If anyone has similar case, please feel share about your situation.
Appreciated that.

secret.simon wrote: ↑

Sat Apr 14, 2018 8:21 pm

If you are applying as an unmarried partner of an EEA citizen, you should apply as soon as possible after completing two years of cohabitation.

_hmld_ wrote: ↑

Fri Apr 13, 2018 8:05 am

1. Can I stay in the UK while waiting during my application period while waiting for the decision to be made by Immigration? Even the tier 5 my visa is expired?

No. An EFM's right to reside in the UK only starts from the time the Residence Card is issued. Therefore you will be an overstayer for the time from when your T5 expires until the time the EFM Residence Card is issued. There will affect future citizenship applications.

_hmld_ wrote: ↑

Fri Apr 13, 2018 8:05 am

2. Can I travel/exit the border during my application?

See above. You will be an overstayer from the time your Tier 5 visa expires. Therefore, you can leave, but you will not be able to reenter the UK.

_hmld_ wrote: ↑

Fri Apr 13, 2018 8:05 am

5. We are not yet 2 years by the time we submit the application, but if adding up the period ( waiting for the decision to be made) it will be enough. Would that be a major risk? Are there any suggestions on what documents I can provide more to help with this?

Yes, it will be a major risk.

Unwise to rely on the advice give over the Home Office 'help line'. This service is outsourced to an agency, with inadequately trained staff with very limited knowledge of the UK Immigration Rules, or the EEA Regulations. They take no responsibility for any incorrect advice given.

_hmld_ wrote: ↑

Mon Apr 16, 2018 1:27 pm

Just an update here.

I called HO-EEA department today just to double check my right to stay in U.K in the period between my visa expires and my EEA EFM application (pending) , I was told I can stay in UK. As long as my visa is valid at the time I apply the application , I won't be an overstayer while waiting for the decision.

I hope the mentioned above is the case, as I have saw the answer here the other day immediately brought the grey cloud above my head.

If anyone has similar case, please feel share about your situation.
Appreciated that.

secret.simon wrote: ↑

Sat Apr 14, 2018 8:21 pm

If you are applying as an unmarried partner of an EEA citizen, you should apply as soon as possible after completing two years of cohabitation.

_hmld_ wrote: ↑

Fri Apr 13, 2018 8:05 am

1. Can I stay in the UK while waiting during my application period while waiting for the decision to be made by Immigration? Even the tier 5 my visa is expired?

No. An EFM's right to reside in the UK only starts from the time the Residence Card is issued. Therefore you will be an overstayer for the time from when your T5 expires until the time the EFM Residence Card is issued. There will affect future citizenship applications.

_hmld_ wrote: ↑

Fri Apr 13, 2018 8:05 am

2. Can I travel/exit the border during my application?

See above. You will be an overstayer from the time your Tier 5 visa expires. Therefore, you can leave, but you will not be able to reenter the UK.

_hmld_ wrote: ↑

Fri Apr 13, 2018 8:05 am

5. We are not yet 2 years by the time we submit the application, but if adding up the period ( waiting for the decision to be made) it will be enough. Would that be a major risk? Are there any suggestions on what documents I can provide more to help with this?

Yes, it will be a major risk.

Could you please share the number/link for contacting the EEA department of HO?

Hi ayaniqda

Here is the link
https://www.gov.uk/contact-ukvi-inside-outside-uk

You could select based on your need.

oh really> I supposed that's the source for the official information? doesnt matter they are outsourced or in-house? if that's not true, then I am really confused where I can get the most official messages/information from

Casa wrote: ↑

Mon Apr 16, 2018 2:53 pm

Unwise to rely on the advice give over the Home Office 'help line'. This service is outsourced to an agency, with inadequately trained staff with very limited knowledge of the UK Immigration Rules, or the EEA Regulations. They take no responsibility for any incorrect advice given.

This forum has recently helped me a lot, and thanks for sharing the experiences here.


I have been preparing my application, and kindly like to find out the confusions below:

1. Can I apply for a family permit (as an unmarried partner) on a visitor visa? I am now in U.K but planning to apply for a family permit outside U.K in a European city before my tier 5 expires.

2. If the answer is yes, Can I apply for the visa in the selected location, attend the appointment there? and while the decision is being made, can I re-enter U.K with my valid tier-5 visa? (which is within 2 months before its expiry date)

3. If not, what is the processing time be like? says I will apply in Stockholm. I have been told the waiting time is various, it can be up to 2 months.

At last, if this is too complicated, I am thinking I can still apply for a residence card and leave the U.K while waiting (since my tier 5 will expire), but if this is possible to apply for another family permit once I leave U.K , despite having my residence card application pending?


Thanks so much for your help in advance!

Anyone could share your knowledge ?