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Family permit and WRS

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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abraCadabra
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Family permit and WRS

Post by abraCadabra » Tue Sep 21, 2010 5:29 am

Hi all :)

I am just wondering... I am about to apply for an EEA FP in couple of weeks.
My EEA husband has recently send an application to register with WRS, so if they get him registered, the 12 months period for us would end somewhere in September 2011.
However, the WRS will be stopped after 30.04.11. As I understand, after this date I will be able to apply for a 5 year Residence Card without waiting for September (am I correct?).
FOr my future FP to expire on 30.04.11 I have to get it after 30.10.10, but I am planning to apply sooner, because I want to join my husband ASAP.
So, my question is: If my FP will expire 2-3 weeks before 30.11, can I still just apply for a RC after 30.11? Or I will still have to apply for an FMRS (obviously I would like to skip this step)?
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86ti
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Post by 86ti » Tue Sep 21, 2010 8:27 am

Your dates don't make much sense. Before May 2011 you can only apply for a residence card if you meet the criteria under the WRS. After that date you are free to apply for a RC provided that the conditions under the EEA regulations are met.
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abraCadabra
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Post by abraCadabra » Wed Sep 22, 2010 7:56 am

86ti wrote:Your dates don't make much sense. Before May 2011 you can only apply for a residence card if you meet the criteria under the WRS. After that date you are free to apply for a RC provided that the conditions under the EEA regulations are met.
That's what I am saying - if my FP will expire shortly before May 2011, I am supposed to apply for FMRS, because my husband would not have 12 months of work yet.
I am asking, what if I won;t apply for FRMS despite my expired FP and just apply for a RC in May 2011 because WRS would already be irrelevant?
Will the fact that I will be in UK with an expired FP for a couple of weeks be an obstacle for me to get a RC? (Of course, assuming the rest of conditions are met)

Anyway, it would be weird to apply for a FMRS in April 2011. As I understand it is given untill the 12 months period of work is complete, so mine would be valid untill September 2011, right? then I am supposed to apply for a RC. I just don;t want to apply twice if that makes sence.
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86ti
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Post by 86ti » Wed Sep 22, 2010 8:30 am

As far as I understand there is no requirement to apply for FMRS (but for WRS). The expiring FP is thus irrelevant and you can just apply for the RC next year. Given the long processing times it may be possible to do that even before May but I do not know how carefully applications are checked before they are processed.
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Zaracer
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Post by Zaracer » Thu Sep 23, 2010 1:16 am

Hi AbraCadabra. I am getting married with a Czech pretty soon, and has a similar plan to yours. I am already in UK on another type of visa which limits my working hours; and since my fiancee is working already in UK I can theoretically apply for FMRS just after the marriage. Instead, I will go back to my country and have an EEA Family Permit issued there (takes only 2 days), and start to work on that until May 2011 comes; rather than applying within UK for FMRS and not having my passport for 6 months and then going through same pain when my FMRS will expire in a year. On May 1st I will simply apply for 5 year RC.


As regards to your question whether you must apply for FMRS, the answer is a clear no. Once married and arrived to UK with an EEA family permit, there is no such thing as "overstaying" even when you exceed 6 months of validity. Please check section EUN 2.1, paragraph 3.

http://www.ukvisas.gov.uk/en/ecg/eunati ... milypermit

They do not confess it here, but the mere fact that you came to UK on an EEA family permit, and that you are still married to a person exercising treaty rights, gives you right to work automatically, whether you apply for FMRS or RC or not.

As long as you will not leave UK in relevant period, there is no problem. Once May 1st comes, you can send your RC application like I will do.
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abraCadabra
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Post by abraCadabra » Thu Sep 23, 2010 5:58 am

Thanks a lot, now I won't be worried
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86ti
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Post by 86ti » Thu Sep 23, 2010 8:06 am

Mos of those things should actually become clear by reading through http://www.ukba.homeoffice.gov.uk/eucitizens/
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monchicchi
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Hi

Post by monchicchi » Tue Mar 15, 2011 10:34 pm

Im in kind of in similar situation.
Me and my partner have been living together for 2 years in the UK.
My student visa running out in the end of september
and We trying to get EEA family permit (unmarried couple) for me but
we found out she didnt complete 12 months of WRS in the past...
so at the moment, its quite tricky to apply my visa.
because i dont have full right to apply if she didnt complete.
I was wondering how does it work for us after the end of April 2011.
because WRS is no longer exist as far as i understand.

much appreciate if you can apply this message for me. :o
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86ti
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Post by 86ti » Wed Mar 16, 2011 8:39 am

Please have a thorough read through this thread and the link (click 'Applying' there) just above your post and gather all information regarding the Residence Card.
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