EEA family permit extension

[gosch]

Hello, a question if anyone can help!

My wife (non-EU) has an EEA family permit expiring 27 Dec 19 (via Surinder Singh - I'm a UK citizen resident in the EU). We would like to be in the UK 20-31 Dec 19. Is it possible to extend the permit or apply now for a further permit valid from 27 Dec 19?

Can't find info on this! Sorry if I have missed it.

[iwolga]

Hello, a question if anyone can help!

My wife (non-EU) has an EEA family permit expiring 27 Dec 19 (via Surinder Singh - I'm a UK citizen resident in the EU). We would like to be in the UK 20-31 Dec 19. Is it possible to extend the permit or apply now for a further permit valid from 27 Dec 19?

Can't find info on this! Sorry if I have missed it.

My first thought is the following: as per EU regulations, direct family members of EU citizens are not obliged to apply for residency card within or after the expiration of family permit. Basically, once you entered the country on FP and given that your circumstances do not change, you are allowed to be in the country, work, have access to NHS etc. I'm ignoring now the effect of Brexit on this as seem to be irrelevant for your dates.

Unless Surinder Singh route works in a completely different way (and I hope I will be corrected if I'm wrong in these assumptions), your wife can't become an overstayer. However, she will not be able to travel back to UK with expired family permit.

[kamoe]

My wife (non-EU) has an EEA family permit expiring 27 Dec 19 (via Surinder Singh - I'm a UK citizen resident in the EU).

Just so that its crystal clear since your use of words can be misleading: Are you still resident in the EU?
Or did you mean you were resident in the EU and now have returned to the UK permanently?

We would like to be in the UK 20-31 Dec 19.

Again, this sounds like holiday, so please clarify where you currently live.

Is it possible to extend the permit or apply now for a further permit valid from 27 Dec 19?

Without clarification to the above we cannot advise on the appropriate procedure for your case.

[gosch]

Thank you for the quick responses!

Yes, I am still resident in the EU. It is a holiday.

[kamoe]

Yes, I am still resident in the EU. It is a holiday.

Which country issued the EEA Family Permit?
And, what is your wife's nationality?

[gosch]

Which country issued the EEA Family Permit?

UK issued the family permit.

And, what is your wife's nationality?

Ukraine.

[kamoe]

Based on all your answers above, seems like your wife could reapply for a Family Permit to come and visit the UK with you.

One pending question is weather she already has An Article 10 card, or a EEA RC issued by the other EU country you live in. With an Article 10 card, technically she would not need to apply for any further visas or permits to enter the UK, as long as she travels with you.

(But I am assuming you and many other readers already know this, and given the numerous reports, in this and other forums, of spouses and/or article 10 holders wrongfully denied boarding at planes, and just for the purpose of being on the safe side, a you want to inquiry how to secure another document that clears her way at airports and immigration posts).

If she has an Article 10 Card, the "Do you need a visa" form tells her she does not need any additional documents: https://www.gov.uk/check-uk-visa/y/ukra ... sm/yes/yes

If she doesn't have an Article 10 Card, it tells her to apply for a Family Permit via Surinder Singh (which is presumably what you did last time?): https://www.gov.uk/check-uk-visa/y/ukra ... ism/yes/no

So the answer to your questions is: She probably does not need a Family Permit, but since it's free, nothing stopping you from applying again. Note that a Family Permit cannot be extended, you need to log in a fresh application.

[gosch]

Once again, very much appreciated.

She does have an Article 10 card but, as you say, there are concerns about wrongful flight refusal etc

More generally, I am not sure what we would do in a situation where, eg, EEA family permit expires 10 June and we want to travel 20 June. I guess we could apply for a new family permit even during the validity period (before the expiry date) of the existing permit? Which would then annul the existing permit? (Also problematic if she needs her passport during the wait for it to be returned after the new application)