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Entered UK on EEA Family Permit - how long can we stay?

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

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thk
Newbie
Posts: 36
Joined: Fri Aug 17, 2012 7:15 am
Location: UK

Entered UK on EEA Family Permit - how long can we stay?

Post by thk » Fri Aug 17, 2012 7:50 am

Hi

I am a UK citizen by birth, but have been resident in France for many years. I have moved back to the UK permanently with our child (who is British also) and my non-EU wife (we've been together for 4 years in France) came into the UK on an EEA Family Permit visa - We were eligible under the EEA rules because despite being British, I was resident in Europe at the time we applied.

She was issued with a 6-month EEA Family Permit and we travelled to the UK together without any problems last week, with 4-months remaining on the visa. I am self-employed so carried my work with me, she is currently applying for jobs. We intend to apply for an FLR(M) visa for her, but are concerned about how long this will take with only 4-months left on her visa, especially with 1 month of that being taken up with the IELTS English test. Our case is pretty straight forward as far as I can see, but you never know how long the decision might take!

We previously entered the UK on a visitor visa to visit my family, never had problems and not overstayed, but of course had to re-apply each time when this has expired.

However, I have read (although it isn't entirely clear) that the dates on the EEA Family Permit visa are the dates you are required to enter the UK between, and the expiry date isn't a date that you have to leave by, but that she has the right to remain in the UK as long as she wants as my spouse. Although if she leaves the UK, she will have to apply for another visa to be re-admitted. Is this right, now she is here, can she stay as long as she likes and not be classed as an "over-stayer"? We're obviously keen to make sure we don't fall foul of the regulations.

Many thanks,

Matt
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Plum70
Diamond Member
Posts: 1363
Joined: Thu May 22, 2008 12:07 pm

Post by Plum70 » Fri Aug 17, 2012 9:19 am

As you already used your rights under EU law and your wife accompanied you to the UK on a EEA Family permit, why not follow through and have her apply for a residence card? It is free, valid for five years and should be issued within 6 months.

I do not think that you can use the UK route (FLR) from within. Your wife may need to return to her home country to apply.
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thk
Newbie
Posts: 36
Joined: Fri Aug 17, 2012 7:15 am
Location: UK

Post by thk » Fri Aug 17, 2012 1:59 pm

It's the "should be issued within 6 months" part that is the reason we'd prefer not to go down that route!

I have asked UKBA and they said an FLR(M) is acceptable in our case, but they couldn't answer questions about the EEA visa as that wasn't their department!

Matt
Plum70 wrote:As you already used your rights under EU law and your wife accompanied you to the UK on a EEA Family permit, why not follow through and have her apply for a residence card? It is free, valid for five years and should be issued within 6 months.

I do not think that you can use the UK route (FLR) from within. Your wife may need to return to her home country to apply.
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