ILR and Residence Card for family member of EEA national

[patlin]

I would like to apply for the residence card for family member of EEA national, which can allow me to travel within EEA zone without a visa. But I am already an ILR holder. Does anyone know if I can still apply for the residence card without losing my ILR? Anyone has similar situation? I haven't decided if I want the British citizenship yet....Thank you very much!

[Jambo]

Are you a family member of EEA national who is not British?

There is no problem having ILR in parallel to Residence Card and applying for one doesn't invalidate the other.

Visa free travel would only apply when you travel together with your EEA family member.

[patlin]

Are you a family member of EEA national who is not British?

There is no problem having ILR in parallel to Residence Card and applying for one doesn't invalidate the other.

Visa free travel would only apply when you travel together with your EEA family member.

Thank you very much for your reply!

Yes, my husband is Polish.

I just called the European Enquiries contact centre and asked them this. They said I can't apply for the residence card as I already have ILR here. I wonder if you or anyone has done this so I can take as reference? Or do you know an article in the EU/UK law that would allow me to do so?

[Jambo]

Well it won’t be the first time the contact centre gave inaccurate information.

I haven’t done so myself and I suspect not many people have as it doesn’t make a lot of sense (apart from saving the need for a visa when travelling together). You should be aware that as a family member of a EEA national you are entitled to a free of charge Schengen visa.

There isn’t a rule that specifically state this is allowed but more importantly there is no rule that says it is not. ILR and RC are based on different set of regulations and one doesn’t affect the other.