What happens if you don't apply for EEA2?

[Juanma]

Hello,

My wife is living with me in the UK with here EEA Family Permit which expires in November. We are now going to apply for the Resident Card (EEA2). But my question is, what happens if she doesn't apply for the EEA2? Can she just stay here working the same way she is doing now? Everything I read says she doesn't really need that resident card, what that means?

Also this answer is important for me in case her Family Permit expires before she gets her Resident Card. What would happen if her 6 month Family Permit expires before she gets her Resident Card? She is working now and she has her NI and everything, it would be terrible if now she has to leave. Actually we are now sending her passport on the mail so she wouldn't be able to take a plane without that.

I appreciate any respond and help.

Thanks,

[vinny]

What are you doing in the UK?

Although an EEA2 application is non-compulsory, it may be helpful for her employment and re-entries.

[Juanma]

Thanks for the reply but I'm still a little lost.

We are both working in the UK.

What happens if she doesn't apply for the EEA2? Or What would happen if her 6 month Family Permit expires before she gets her Resident Card?

These are my big questions.

Thanks again,

[Viktoria27]

Hi! My non EEA husbands RC finished in March 2014 and he kept getting phone calls, txt messages, emails and letters from CAPITA asking him to leave the country although me Eea is exercising trity rights so we had to give them reference number of new application so they leave us in peace. So my adivce is apply for Rc unless you wanna have sleapless nights.

[Juanma]

Yeah, that is still the plan this week we send the passports and all the documents to apply for the Resident Card, but her EEA Family Permit expires in November and I was wondering what would happen if by that date she still didn't get her Resident Card.

Thanks,

[GMB]

Yeah, that is still the plan this week we send the passports and all the documents to apply for the Resident Card, but her EEA Family Permit expires in November and I was wondering what would happen if by that date she still didn't get her Resident Card.

Expiration of the FP has no impact on her right to stay with you in the UK, so long as you are exercising treaty rights. The FP is an entry clearance, not a visa. Now that she's in the country it has done the only thing it was really designed to do -- get her in. She is under no obligation to ever have an EEA2, but having one makes employment and re-entering the country much easier. For instance, if her current employer wants to re-confirm her eligibility for employment, or she wishes to change jobs in the future, the EEA RC will make that much easier. Once she applies for an RC she should receive a Certificate of Application relatively quickly, which will (or at least SHOULD) confirm her right to work while the application is being processed, so even if her FP expires she still has documentation of her rights.

[Juanma]

Yeah, that is still the plan this week we send the passports and all the documents to apply for the Resident Card, but her EEA Family Permit expires in November and I was wondering what would happen if by that date she still didn't get her Resident Card.

Expiration of the FP has no impact on her right to stay with you in the UK, so long as you are exercising treaty rights. The FP is an entry clearance, not a visa. Now that she's in the country it has done the only thing it was really designed to do -- get her in. She is under no obligation to ever have an EEA2, but having one makes employment and re-entering the country much easier. For instance, if her current employer wants to re-confirm her eligibility for employment, or she wishes to change jobs in the future, the EEA RC will make that much easier. Once she applies for an RC she should receive a Certificate of Application relatively quickly, which will (or at least SHOULD) confirm her right to work while the application is being processed, so even if her FP expires she still has documentation of her rights.

Thank you so much. That answered all my questions.

Any idea how long it takes until you get your passports back with the RC?

Thanks,