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Hello! I'm currently living in the UK under a Tier 4 visa which expires on 11th Jan 2019 (I'm from the United States). My studies have finished and I will be applying for an EEA Family permit (and subsequently residence card) under my partner of 3+ years who is Portuguese. I've been given advice from my local Citizens Advice, but haven't been able to find answers to a few questions & would greatly appreciate any guidance:

1. I've been told I can apply for a family permit earliest 28 days before my visa expires (Dec. 14th). I was planning on going to Portugal for the holidays and would apply there. Current processing times according to the home office, when applying for an EEA Family Permit in Lisbon, are that 92% of applications are processed in 15 days. Do I need to stay in Lisbon while I wait for a family permit to come? Can it be sent to my UK address? Would I need to re-enter the country with that permit and get it stamped? Any advice on the actual process of getting a permit (is it a stamp in your passport?) would be helpful.

2. I have a meeting with a Citizens Advice Immigration Specialist on the 4th Dec. and wanted to prepare everything to get the best advice. Where can I find an application form for an EFM EEA family permit? I can’t sign into online because I am not currently out of the country. I've found an old 2013 vaf5, but want to make sure I have the most up to date. This seems to be tricky to find because you can't register for the Visa4UK site unless you are out of the country.

I originally was hoping to get a Tier 2, but that job fell through and I am now going through the process of applying under my partner. Thanks in advance!!

Are you married or unmarried??

We are unmarried, hence the extended family member. However, I have evidence proving cohabitation, photos, etc etc. Having enough evidence is another question, but figured I would tackle logistics first.

You need 24 months evidence of a relationship 'akin to marriage'. This is mandatory. HO want to see evidence of joint financial commitments and living together as if you are a married couple etc

You can apply for a residence card (not family permit) within the UK at any time when you meet the requirements. It does NOT have to be within 28 days before your current visa under the UK Immigration rules expires.

Note however that if your current visa does expire, you have no legal status as unmarried partners have not automatic rights.

Thank you! Yes, I'm aware of the 24 months of evidence & have been collecting everything (leases, utility bills, etc.). We've lived together both here in the UK & in the US.

I can apply for a residence card without having a family permit? Everything I've been told is that I need to leave the country to apply for a family permit, and then within 6 months apply for a residence card. Are you saying that I can now apply for a residence card, here in the UK, without leaving?

awt1031 wrote: ↑

Thu Nov 08, 2018 12:37 pm

I can apply for a residence card without having a family permit? Everything I've been told is that I need to leave the country to apply for a family permit, and then within 6 months apply for a residence card. Are you saying that I can now apply for a residence card, here in the UK, without leaving?

Yes you can apply for a RC without a EEA FP and you can apply within the UK.

But with my Tier 4 expiring on 11 Jan, I would need my passport to leave the country and the Home Office says a residence card app could take up to 6 months? Can I stay in the UK while I wait for a response?

awt1031 wrote: ↑

Thu Nov 08, 2018 8:56 pm

But with my Tier 4 expiring on 11 Jan, I would need my passport to leave the country and the Home Office says a residence card app could take up to 6 months? Can I stay in the UK while I wait for a response?

Yes, you can. A RC can only be applied for while in the country anyways

Definitely go for the residency card application. It will be much simpler and there’s no need to leave the country.

Once you have the certificate of application you should be all set and are allowed to stay until a decision is made. But if you send your application in now, you’re all set since your current visa will still be valid until January.

FYI, the general peocessing times are pretty short now anyway.

mamalicious187 wrote: ↑

Fri Nov 09, 2018 11:24 am

awt1031 wrote: ↑

Thu Nov 08, 2018 8:56 pm

But with my Tier 4 expiring on 11 Jan, I would need my passport to leave the country and the Home Office says a residence card app could take up to 6 months? Can I stay in the UK while I wait for a response?

Yes, you can.

Incorrect advice.

As an EFM, the OP will not have a right to reside in the UK until the Residence Card is issued. EEA applications do not extend leave to remain. Therefore the OP will be illegally resident in the UK from the time his Tier 4 visa expires till the time the Residence Card is issued.

S/he can request their passport back after having submitted it with the EEA application. However, they must leave the UK before their Tier 4 expires, if they have not received the Residence Card by then.

Alternatively, the safer option may be for the OP to leave the UK before the expiry of their Tier 4 and then apply for a Family Permit from outside the UK and then, having got a Family Permit as an EFM, arrive in the UK and then apply for a Residence Card.

Any illegal residence between the expiry of the Tier 4 visa and the issue of the Residence Card will have an adverse impact for up to 10 years on any future application under UK law, such as an application for naturalisation.

secret.simon wrote: ↑

Sat Nov 10, 2018 1:59 am

mamalicious187 wrote: ↑

Fri Nov 09, 2018 11:24 am

awt1031 wrote: ↑

Thu Nov 08, 2018 8:56 pm

But with my Tier 4 expiring on 11 Jan, I would need my passport to leave the country and the Home Office says a residence card app could take up to 6 months? Can I stay in the UK while I wait for a response?

Yes, you can.

Incorrect advice.

As an EFM, the OP will not have a right to reside in the UK until the Residence Card is issued. EEA applications do not extend leave to remain. Therefore the OP will be illegally resident in the UK from the time his Tier 4 visa expires till the time the Residence Card is issued.

S/he can request their passport back after having submitted it with the EEA application. However, they must leave the UK before their Tier 4 expires, if they have not received the Residence Card by then.

Alternatively, the safer option may be for the OP to leave the UK before the expiry of their Tier 4 and then apply for a Family Permit from outside the UK and then, having got a Family Permit as an EFM, arrive in the UK and then apply for a Residence Card.

Any illegal residence between the expiry of the Tier 4 visa and the issue of the Residence Card will have an adverse impact for up to 10 years on any future application under UK law, such as an application for naturalisation.

Thanks for clarification

secret.simon wrote: ↑

Sat Nov 10, 2018 1:59 am

mamalicious187 wrote: ↑

Fri Nov 09, 2018 11:24 am

awt1031 wrote: ↑

Thu Nov 08, 2018 8:56 pm

But with my Tier 4 expiring on 11 Jan, I would need my passport to leave the country and the Home Office says a residence card app could take up to 6 months? Can I stay in the UK while I wait for a response?

Yes, you can.

Incorrect advice.

As an EFM, the OP will not have a right to reside in the UK until the Residence Card is issued. EEA applications do not extend leave to remain. Therefore the OP will be illegally resident in the UK from the time his Tier 4 visa expires till the time the Residence Card is issued.

S/he can request their passport back after having submitted it with the EEA application. However, they must leave the UK before their Tier 4 expires, if they have not received the Residence Card by then.

Alternatively, the safer option may be for the OP to leave the UK before the expiry of their Tier 4 and then apply for a Family Permit from outside the UK and then, having got a Family Permit as an EFM, arrive in the UK and then apply for a Residence Card.

Any illegal residence between the expiry of the Tier 4 visa and the issue of the Residence Card will have an adverse impact for up to 10 years on any future application under UK law, such as an application for naturalisation.

Thanks for clarification

Thanks all! For clarification, after I've done a lot of research, there is a 'short' COA which does not confirm a right to work etc, and a 'long' COA which does. As an extended family member, I would be issued a short, making my stay after 11 Jan illegal as an overstayer. An EFA EEA family permit does allow me to work/remain in the UK, so I think the advice to apply for the permit first and come back to the UK on that is what I'll be doing.

Just out of curiosity, could I have applied for a residence card months ago while I was on my tier 4? I was advised not to, as I had plenty of time left on my tier 4, but my intentions were always to stay here in the UK.

Hi everyone - I'm in essentially the same boat but my partner and I are marrying next month (he's Irish, I'm American with Tier 4 Visa expiring 30/01/19). Do I still need to leave by the end of January or is my stay extended because we'll be married by then? I've been offered a job and am worried having to leave either during my Family Permit or RC application will mean I lose the job.Thanks!

vivi862 wrote: ↑

Mon Nov 12, 2018 3:03 pm

Hi everyone - I'm in essentially the same boat but my partner and I are marrying next month (he's Irish, I'm American with Tier 4 Visa expiring 30/01/19). Do I still need to leave by the end of January or is my stay extended because we'll be married by then? I've been offered a job and am worried having to leave either during my Family Permit or RC application will mean I lose the job.Thanks!

Useful to start your own topic as the rules are very different for a spouse of an EU citizen. The posting in this topic is unmarried.

OK - thank you! Not sure how it works and didn't want people getting mad if I start a new topic!

Hello,

I'm an American applying for an EEA Family Permit in Lisbon in about a week. The Home Office has asked for evidence "if you are not a national of the country in which you are applying, evidence of your permission to be in that country e.g. a residence permit, visa, green card". As I am an American, I can be in Portugal for up to 90 days without a visa. I'll be visiting my partner's family (he's Portuguese) and applying over the holidays, which I've stated in a cover letter. Do I need any more "evidence"? I'm not quite sure what that evidence would be...

Thank you!

Hello,

I'm an American applying for an EEA Family Permit in Lisbon in about a week. The Home Office has asked for evidence "if you are not a national of the country in which you are applying, evidence of your permission to be in that country e.g. a residence permit, visa, green card". As I am an American, I can be in Portugal for up to 90 days without a visa. I'll be visiting my partner's family (he's Portuguese) and applying over the holidays, which I've stated in a cover letter. Do I need any more "evidence"? I'm not quite sure what that evidence would be...

Thank you!