Residence Card for non-EEA spouse of EEA national

[Petersh]

Hi

My husband (Indian national, stayed in the UK for last 6 years on tier 1 general visa) intends to apply for his Residence card as my spouse (Polish national, permanently settled in the UK). His tier 1 visa expired in october 2015, however, we married after a long-term relationship (3 years) in august 2015 (before his tier 1 visa expired).

My questions are :
a) is he in breach of immigration rules after his tier 1 visa expried in october 2015 (even though we married prior to that and had been partners for 3 years)?
b) is it necessary for him to apply for a residence card at all to continue to stay in the UK?
c) would it be better / quicker / simpler for him to apply for an EEA family permit rather than a residence card by travelling to India just for the application ?

any advice appreciated. Thanks!

[noajthan]

Hi

My husband (Indian national, stayed in the UK for last 6 years on tier 1 general visa) intends to apply for his Residence card as my spouse (Polish national, permanently settled in the UK). His tier 1 visa expired in october 2015, however, we married after a long-term relationship (3 years) in august 2015 (before his tier 1 visa expired).

My questions are :
a) is he in breach of immigration rules after his tier 1 visa expried in october 2015 (even though we married prior to that and had been partners for 3 years)?
b) is it necessary for him to apply for a residence card at all to continue to stay in the UK?
c) would it be better / quicker / simpler for him to apply for an EEA family permit rather than a residence card by travelling to India just for the application ?

any advice appreciated. Thanks!

a) Under EU regulations, husband is lawfully resident in UK as the dependent family member of an EEA national;
that is, assuming you are exercising treaty rights (in UK) as a qualified person.

b) RC is optional.

c) No, not appropriate. FP is for entry into UK.

[alex1128]

If the RC is optionnal how could he confirm his right to work in the UK or travel outside the uk iwthout facing difficulties in coming back ?

[alex1128]

The Official documentations states clearly that :

You don’t need to apply for a residence card as a family member but it can:
help you re-enter the country more quickly and easily if you travel abroad
show employers you’re allowed to work in the UK
help prove you qualify for certain benefits and services

However in real life :
If you travel abroad the airline provider wouldn't let you board in without your resident card, they wouldn't even give you the chance to get to the UK Borders and proove your relationship ...
No Employer would hire you based on your marriage certificate ...

[noajthan]

If the RC is optionnal how could he confirm his right to work in the UK or travel outside the uk iwthout facing difficulties in coming back ?

It is not necessary to have a RC to continue to stay in UK. The EEA sponsor exercising treaty rights earns that right for their dependents.

Not everyone in a UK is a worker or a world traveller.
But in the case that someone wants to work/travel frequently clearly they would exercise their options & apply for a RC.
Very straightforward.