EEA Family Permit re-Application

[ColasanteG]

Hi everyone,

I am an Italian passport holder and my wife is Venezuelan. I plan to go to study in the UK starting January 2012 so my wife applied for a family permit so she could join me and live and work there. The permit was granted but the thing is that We applied to early (last July) so it is due to expire on December 2011 (even before I start studying). We are moving to the UK in November and We don't know how to proceed to request an extension.

I've heard We have two options: 1. Fill out an EEA2 form for her to apply for a residence card or 2. Apply in Venezuela for another permit. My questions are:

If I take option 1, I know I must be exercising my Treaty rights which means working, job seeking, studying or being self-sufficient so what can I do since I won't be studying by then yet.
If I take option 2, I would like to know if my wife can apply for another Family Permit before it expires the one active now because We are leaving on November 2011 and her current permit expires on December 2011.

I am sorry if my post is a bit confusing. I did my best with my limited English.

[86ti]

EEA2 is the name given to the application form for the residence card an that can only be done in the UK. You can either apply for another EEA FP or try and go without one if your wife holds one of the new biometric passports which enable her to enter the UK without a visa if I remember correctly. In the latter case make also sure to have your marriage certificate with you.

[Kitty]

We applied to early (last July) so it is due to expire on December 2011 (even before I start studying). We are moving to the UK in November...

If the Family Permit is still valid until December 2011, and you are travelling in November, then she can just use the Family Permit she has.

The expiry date on the Family Permit is really only a "use by" date: it doesn't affect your wife's right to be in the UK with you.

When you get to the UK she can apply for a Residence Card once you start your course.

[Directive/2004/38/EC]

As was pointed out, the EEA FP is kind of "required" but also kind of "optional".

If your wife was wanting to work immediately on arriving in the UK, then having one with a distant expiry might be useful, because she could use it to prove her right to work. If you want a new EEA FP, then just apply for it in mid September.

But if that is not an issue, then just apply for a Residence Card on your arrival in the UK.

Your biggest problem will be arriving in the UK in late November, when things are dark and cold and rainy. The first couple of days can be a real shock, while you have jet lag and don't know your way around yet.

[ColasanteG]

Thanks everybody. Your replies have been really helpful. I few more questions on Directive answer if you don't mind.

If your wife was wanting to work immediately on arriving in the UK, then having one with a distant expiry might be useful, because she could use it to prove her right to work. If you want a new EEA FP, then just apply for it in mid September.
.

Can my wife apply for a new Family Permit while she still holds a valid one which she hasn't even used? Hers expires on December and, as suggested, she would be re-applying on late September or early October.

[Directive/2004/38/EC]

I do not see why the would be any problem reapplying. They would simply cancel the first one and reissue. You can enclose a cover letter saying you will be leaving for the UK later than you expected and you want to have a EEA FP valid for the full initial 6 months to be able to prove your wife's right to work.