My family permit is about to expire.What shall I do?

[MONALISA]

Hi.
I'm a non EEA family member of an EEA national.I entered this country based on 6 months visa and after that I applied for my resident permit.I got my resident permit which was valid for five years.Now this resident permit is about to expire end of November.I don't know what to do?
Can I apply for indefinite leave and British passport?
My husband is not registered anywhere for residence card,is that OK?
What will happen if we have got public funds such as income tax credit?
I'll be grateful for your reply.
Cheers.[/list]

[vinny]

See also Public funds and Chapter 12 - Public Funds and Applying under European law.

[MONALISA]

Thank you so much for your reply and the useful links.
As I understood it is optional for my husband to be registered.right?
But still I don't know if I automatically get the permanent residency after five years or I have to apply for it.
I'm a little bit confused.I've read that after five years of residency I can get the PR.Is that residency starts from the day that my visa stars,the day that I came to this country,the date that my 6 months visa expired,the date that I applied for EEA2 or the date that I got the 5 year residence permit.
If I have to apply for PR,how long should it be before my residence permit expires.How long does take to get the PR?what will happen if my residence permit expires and I have not got my PR yet.Am I considered an over stayer?What if i want to work while I'm waiting for my PR(I'm working at the moment but want to know what will happen when my residence permit expires).Is there any possibility that I couldn't get PR?what will happen after that?My husband stays here and I have to go back to my country.I mean are these all the formalities and I'll be given PR anyway?OR should I be worried as I am now that there is a possibility of being refused?
I know I have asked so many questions but these are the questions that I couldn't find any answers for them despite searching the web.
Thanks for your time.
Cheers

[vinny]

EUN1.7 Do EEA nationals need to apply for a registration certificate? and EUN1.8 When do EEA nationals qualify for a permanent right of residence in the UK?

Also:

After entry to the UK the holder can apply to the Home Office for a residence card. A residence card (an endorsement in the holder's passport) enables the holder to re-enter the UK without the need for an EEA family permit for as long as they are the family member of an EEA national with a right of residence in the UK. A residence card, which is normally valid for five years, is simply a confirmation of the holder's right of residence in the UK - it is not a compulsory requirement. See further guidance on applying for residence cards.

For more information, see also European Casework Instructions > Chapter 6 - Permanent Residence and Preventing illegal working > guidance booklets for United Kingdom employers

[MONALISA]

-If I have to apply for PR,how long should it be before my residence permit expires.
-How long doesit take to get the PR?
what will happen if my residence permit expires and I have not got my PR yet.Am I considered an over stayer?
-What if i want to work while I'm waiting for my PR(I'm working at the moment but want to know what will happen when my residence permit expires).
-Is there any possibility that I couldn't get PR?what will happen after that?My husband stays here and I have to go back to my country.I mean are these all the formalities and I'll be given PR anyway?OR should I be worried as I am now that there is a possibility of being refused?

Thx 4 ur reply.
i went through all the links that mentioned above but i couldn't find any answers 2 above mentioned quoted questions.
i was wondering why u sent a link regarding illegal working as based on my residence permit i've got the right to work and do business activity which i'm working legally right now.
my question was in the time of waiting for PR am I considered an over stayer or shall i apply six months b4 my residence permit expires.
Thank you very much again for the useful links.
All the best.

[pdykid]

Calm down…

You are not considered as over stayer, if you apply for PR as soon as possible / before end of the five year period.

And browse this forum more, you will get answer for all question. Actually vinney’s earlier post says all necessary information.
You can work and live normal while your application in processing for PR. Do need to panic…

The duration may be 6 to 8 months… HO promised to speed end of this year.

This for straight forward application without any complication.

[86ti]

You are not considered as over stayer, if you apply for PR as soon as possible / before end of the five year period.

She wouldn't be an over stayer without the PR sticker either provided that her husband exercises his treaty rights according to the EEA regulations. In fact, she is not even required to apply for one.

[MONALISA]

she is not even required to apply for one.

Hi.
I haven't had access to internet for about 2 weeks because of moving a house.I have to say I have browsed you forum but couldn't find the right answer.thats why i'm panicing.one says apply for it but I couldn't find how long in advance,however another one like 86ti says I don't have to apply.
I'm still confused.

[Obie]

Lisa i think you should definitely apply for it.

The law says you don't need to, but it will be virtually impossible to convince employers, airline carriers and even immigration officer that you are covered under directive 2004/38EC without a resident card stamp affixed on your passport.

I urge you to apply for it. However you need not worry about the EEA family permit expiry. As long as you partner is exercising a treaty right you will be perfectly fine

[MONALISA]

Thank you so much 4 ur prompt reply.
My 5-year resident permit is about to expire in Nov.Is it OK if I apply now or is it late?

[Obie]

Thank you so much 4 ur prompt reply.
My 5-year resident permit is about to expire in Nov.Is it OK if I apply now or is it late?

Lisa you should apply immediately after you have spend 5 years with your partner in the UK. Use the EEA 4 Application.

If your partner is British, you could apply for British passport immediately after that 5 years as well. As news citizenship rule will make things quite difficult.

[MONALISA]

Hi.
Thx 4 ur reply.
I'm going 2 apply 4 EEA4 but be4 that as my birthday is next week,we r planning 2 go 2 Paris 4 four days(we have booked the flight and hotel).As I'm the family member of EEA national with 5 year residence permit in my passport,I want to know do I have to get visa or I can go 2 Paris based on my family permit.

The info on the french embassy website says:

The foreign spouse of a EU national (except French national) may enter France without visa if they are holding:

a valid travel document;
a valid UK residence permit with the endorsement "family member of EEA national";
and if they are joining or travelling with the EU national.
However if you do not satisfy the above conditions, you will need to apply for a visa to travel to France (for instance if your residency is not explicit or if you are travelling to France for business).
Note that children and parents of EU Nationals still require visas to travel to France.

I emailed the french embassy and they sent me an automated reply with a link to their website, I also called called 09065508940 which was charged at £1 a min and again automated which basically repeated what was on the website.


Any help or similar experinece really appreciated, thanks very much.

[Obie]

You are certainly allowed to travel to France without a visa if you hold a resident card issued under directive 2004/38EC, so long as your husband is with you or you are joining him in France you are covered. Please ensure you hold you marriage certificate and print this information just in case the airport officials act as if they are uaware or are unaware of the rules.

[Plum70]

If your partner is British, you could apply for British passport immediately after that 5 years as well. As news citizenship rule will make things quite difficult.

Any firm indication that this provision will be excluded from the new citizenship rules?