EEA Residence Card Expiry - no time limit to apply for PR co

[Stanic]

Hi,

My wife has a "Residence Card of a Family Member of an EEA National" in her passport that is valid for a few more months.

I have read in the forums that she can apply for the EEA PR already due to it being more that 5 years since the application was made with the EEA2.

We are looking to travel soon and I phoned the UKVI a few times to see how long it would be to get the passport back etc, but the person I was speaking to said there is no time limit to when she would need to apply for PR but would this have an affect on her being able to work/access NHS?

I was thinking the best option would be to get an EEA family permit then apply for PR on our return, but can we apply for the EEA family Permit from the UK prior to our trip? (We would be returning to Dublin airport if that complicates things...)

[mgb]

You cannot apply for a UK visa inside of the UK.
The next question is if a airline let her boarding at the flight back if the residence card is nomore valid.

[Stanic]

Thanks for the reply.

Maybe we could just book an appointment in Dublin to get the visa if we need to.

We have never been asked any questions by Stupid in the past - maybe as we never fly to a UK airport, I'm not sure.

I have heard there is no time limit after the EEA2 expires until we have to apply for the EEA PR, though I find this strange, if this in between period affects her rights to NHS access and to work.

[mgb]

A UK family permit doesn't help much for Dublin.
There are hefty fines for Stupid who are bringing passengers to Dublin which have no right to land in Ireland from outside of the common travel area.

[Stanic]

Is there any documentation that states that there is no legal requirement to apply for PR once the residence card from EEA2 is no longer valid?

I have been told this buy the advisers on the phone but would like to see the written evidence should we ever require it.

[GMB]

Is there any documentation that states that there is no legal requirement to apply for PR once the residence card from EEA2 is no longer valid?

The closest you'll get is various statements to the effect that EEA residence documents are not required but are recommended, such as the one here: https://www.gov.uk/apply-for-a-uk-resid ... d/overview

I have read in the forums that she can apply for the EEA PR already due to it being more that 5 years since the application was made with the EEA2.

Yes, as soon as she has achieved five years residence as the family member of an EEA national exercising treaty rights (also for five years), then she can apply.

We are looking to travel soon and I phoned the UKVI a few times to see how long it would be to get the passport back etc, but the person I was speaking to said there is no time limit to when she would need to apply for PR but would this have an affect on her being able to work/access NHS?

In the current climate an expired RC could cause problems with employment (especially taking a new job) or use of the NHS, although legally it shouldn't because her rights are derived from your status and not from that piece of paper. But again, given the current climate...

I have heard there is no time limit after the EEA2 expires until we have to apply for the EEA PR, though I find this strange...

There is no time limit because legally neither document is a requirement. If your wife meets all the requirements, then she already has PR -- she would just be applying for proof of that fact, not asking UKVI to grant her anything she doesn't already have. That why EEA res documents are different from visas.

I was thinking the best option would be to get an EEA family permit then apply for PR on our return, but can we apply for the EEA family Permit from the UK prior to our trip? (We would be returning to Dublin airport if that complicates things...)

There have been accounts here and on other sites of EEA family members re-entering on an expired RC with success, especially when the EEA citizen is with them. Legally this has to be permitted as (again), her rights derive directly from you and not from that piece of paper. That being said, if it were me (and assuming you're not just traveling back and forth inside the UK-Ireland Common Travel Area) I'd probably get a FP to avoid the inevitable hassle with the airline and with the UKBF officer. You definitely cannot apply for a FP from within the UK.