EEA family permit question

[stefania73]

Hi,

I have a question in regards to my husband's situation. My husband is American I am Italian settled in the UK.

The first time we applied for a family permit it got refused so my husband decided to come to the UK to visit me while appealing from the UK. (At the entrance to the UK they gave him a 6 months visa)

So after appealing we won the appeal so now we sent the passport back to the US to get the passport stamped. Unfortunately we received a message back saying that the UK visa team at the British consulate of NY was sending the passport back as my husband is currently in the UK.

They said my husband has two choices one is to return to the US to get his passport stamped, second one is to apply for a change of status with the Home Office here in the UK which will cost us a fee.

We opted to try with the second choice but what we don't understand is if we need to make a whole new application and if yes what type of application is that?

We looked at the ukba.homeoffice site but there is not much of information in regards to this particular issue.

I am just wondering whether someone went through the same experience...

Thanks in advance

Stefania

[nonspecifics]

If you are an EEA national then your husband is the family member of an EEA national.

If he is already in the UK he would apply for a residence card on form EEA2. There is no fee for this.

The Family permit is a proof of entry clearance into the UK, so obviously he does not need that if he's in the UK already.

You will need to prove your relationship with a marriage certificate and passports and proof that you the EEA is exercising treaty rights - unless you already have permanent residence after exercising treaty rights for five consecutive years.

http://www.ukba.homeoffice.gov.uk/sitec ... /eea21.pdf

http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/

[stefania73]

Hi and thank you for the reply and the links.

Yes I am a EEA national and yes my husband is been here in the UK with me since September.

We do have the marriage certificate obtained from the state where we got married in the US (which was presented for the EEA family permit application) and I am exercising my treaty rights too.

We did think on applying for the EEA2 but thought that the passport needed the EEA family permit stamp on it.

Thank you again

Stefania

[nonspecifics]

If you browse this forum you will see some applicants for residence cards are overstayers and illegal immigrants who have married EEA nationals and they now qualify for residence cards because they can now prove they are a family member of an EEA national.

The point being whether the applicant entered on a FP or
illegally or whatever does not make a difference to the residence card application.

If an applicant meets the criteria now, then they are entitled to the residence card. The past is not relevant - unless their past suggests the person is a serious threat to public security.