Provisional Driving License for an EEA Family Permit holder

[nim2012]

The DVLA website states:

Applicants who are not UK citizens or nationals of another EU or EEA country will not be considered normally resident if they do not have leave to remain in the UK, or are in the country on a temporary basis without leave to remain either while awaiting a decision to stay in the UK or following a decision refusing such an application.

If I have a valid EEA Family Permit (but not a resident card yet) - can I apply for a driving license?

[EUsmileWEallsmile]

Beneficiaries of the 2006 regulations do not require leave to remain in the UK.

[Jambo]

The DVLA rules require you to be a resident in the UK for 180 days before applying for a licence (including provisional).

[nim2012]

The DVLA rules require you to be a resident in the UK for 180 days before applying for a licence (including provisional).

I am not sure.

See for example on:

http://www.direct.gov.uk/en/Motoring/Dr ... DG_4022556:

If you want to take a British driving test you must be a resident in GB. However, if you have moved to GB having recently been a permanent resident in another state of the EC/EEA, you must be a resident in GB for 185 days in the 12 months before your application for a driving test and full licence.

So this restriction is for the driving test, and only for someone who was a permanent resident in another EC/EEA state.

The application form is less clear:

"You can only get a GB driving licence if you are normally resident in the United Kingdom. To be normally resident you must usually live in the United Kingdom for 185 days in each calendar year"

The usually word indicates that the second sentence just tries to explain what is usually a resident but it is not a complete definition.

The first statement is more important and it requires just being a resident. An immigrant can be a resident from day one (e.g. for tax purposes).

[Jambo]

You are probably right. I did remember I had to sign a declaration that I've been a resident for over 180 days but it could only have been for the actual test.

You can call DVLA and ask. Their customer service actually give answers (compared to the HO).