Tricky situation (EU National + wife EEA EFM)

[Flalilian]

Hello all!

I am an EU National. I have 2 sons (also EU nationals) with my Brazilian wife (we are unmarried but in a relationship for 14 years).

We applied for the Residence Card
- EEA(QP) <- for my self

- EEA(FM) <- For my children

- and EEA (EFM) <- For my wife.

We moved to London in April and applied for the Residence card (so my wife's permit can be extended for 5 years). My son is already going to school. I applied as a Qualified Person (Worker full time).

Two main questions.

1) If my wife's visa expires during the period the Home Office is with our documents. What will happen?

2) If they decline her residence card. What happens? Does she need to leave the UK? Even though she is the mother of my two sons, I am working full time and one is already in school?

Thank you very much!

[noajthan]

Hello all!

I am an EU National. I have 2 sons (also EU nationals) with my Brazilian wife (we are unmarried but in a relationship for 14 years).
...

Two main questions.

1) If my wife's visa expires during the period the Home Office is with our documents. What will happen?

2) If they decline her residence card. What happens? Does she need to leave the UK? Even though she is the mother of my two sons, I am working full time and one is already in school?

Thank you very much!

1) Nothing. Wait for outcome of application for RC.

2) No, not if you are exercising treaty rights.
Just fix whatever issue may come up and reapply.

(Unfortunately right of appeal has just been removed by a recent court ruling).

[Flalilian]

A bit more of information on our side:

It is the second time our application will be invalid.

The first time (it took them 2 months to answer) was declined because of payment problems.

And now (we applied two days ago) and receive a message from the credit card that the payment was not authorised because of the expiry date! (We have never had issues with this card before...). We didn't, yet, receive information from the Home Office, but since we got this message, we believe they will not proceed with our application.

So last but not least, my wife's Family Permit will expire in 2 days.

What do you believe are our options?

Is there a way to contact the Home Office to settle the payment or get documents back to reapply asap? Can she be invited to leave the UK?

[noajthan]

A bit more of information on our side:

It is the second time our application will be invalid.

The first time (it took them 2 months to answer) was declined because of payment problems.

And now (we applied two days ago) and receive a message from the credit card that the payment was not authorised because of the expiry date! (We have never had issues with this card before...). We didn't, yet, receive information from the Home Office, but since we got this message, we believe they will not proceed with our application.

So last but not least, my wife's Family Permit will expire in 2 days.

What do you believe are our options?

Is there a way to contact the Home Office to settle the payment or get documents back to reapply asap? Can she be invited to leave the UK?

Sort that card out pronto!
Or use another one.
Or be old school and pay by cheque or even by Postal Order (obtain over counter from Post Office).

You will probably have application returned as invalid and have to reapply.

if you are exercising treaty rights nothing will happen.
You being a qualified person is what gives your partner the right to remain and reside in UK. Not the card.
Noone will come smashing your door down and dragging partner away.

But if you apply after any FP has expired then applicant will not have a right to work confirmed by COA;
they will have to wait for successful issue of RC for that.

[Flalilian]

You being a qualified person is what gives your partner the right to remain and reside in UK. Not the card.
Noone will come smashing your door down and dragging partner away.

But if you apply after any FP has expired then applicant will not have a right to work confirmed by COA;
they will have to wait for successful issue of RC for that.

Thank you so much. Now my wife will sleep She was here, really nervous with this situation. We tried to find this information online, but there are none regarding our specific situation.

If there are any files or links you would like to share with relevant information, please do so.

Thank you!

[noajthan]

Thank you so much. Now my wife will sleep She was here, really nervous with this situation. We tried to find this information online, but there are none regarding our specific situation.

If there are any files or links you would like to share with relevant information, please do so.

Thank you!

You can get up to speed on EFMs here:
https://www.gov.uk/government/uploads/s ... als_v3.pdf

And about COAs here:
https://www.gov.uk/government/uploads/s ... s_v4.0.pdf

It would be preferable to have an application submitted before the FP expires. But no drastic action will be taken immediately if it has expired.
I suppose you could try sending another payment form and try to link it with the current application but not sure if that would work or not.

[vinny]

Given a relationship of 14 years, and your references to 'wife', plus children, have you considered marriage?