Switch EEA family permit from within the UK

[ksf0810]

I'm in a similar situation.

Arrived on 30 Aug 2015 on the Tier 5 Youth Mobility Visa on an Australian passport; visa expires 30 August 2017
My boyfriend is EEA and has been exercising his treaty rights the entire time he's been in the UK (he reaches 5 years living in the UK in July 2017)

My understanding is he will be entitled to apply for PR in July 2017
We are planning to get married July 2017 as my visa expires a month later
In August we plan to apply for something that will entitle me to stay in the UK - would this be a Residence Card? or an EEA Family Permit? Is my situation further complicated by the fact he will have applied for (but probably not yet granted) PR?

Thanks in advance

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[noajthan]

I'm in a similar situation.

Arrived on 30 Aug 2015 on the Tier 5 Youth Mobility Visa on an Australian passport; visa expires 30 August 2017
My boyfriend is EEA and has been exercising his treaty rights the entire time he's been in the UK (he reaches 5 years living in the UK in July 2017)

My understanding is he will be entitled to apply for PR in July 2017
We are planning to get married July 2017 as my visa expires a month later
In August we plan to apply for something that will entitle me to stay in the UK - would this be a Residence Card? or an EEA Family Permit? Is my situation further complicated by the fact he will have applied for (but probably not yet granted) PR?

Thanks in advance

Yes, mid 2017. Assuming rock-solid evidence and no prolonged absences.

RC - optional (not FP).
Your Union citizen sponsor (settled or qualified person) enables you to stay in UK, not the optional and merely confirmatory RC.

No.

[vinny]

True, but some people may want to see it.

[Casa]

Planning ahead, assuming you plan to marry in the UK you should be aware that as foreign nationals you will have to give notice with a Home Office designated Registry Office.

The Registrar is then legally bound to notify the HO who can extend the notification period from 28 to 70 days in order to interview you both separately should they choose to do so, before the wedding can go ahead.

You will also both need to present your passports when you register to marry.

[noajthan]

True, but some people may want to see it.

Indeed, and with all wild talk of Brexit a RC may prove a wise investment of £65. (Again, still optional).

[ksf0810]

Yes, mid 2017. Assuming rock-solid evidence and no prolonged absences.

RC - optional (not FP).
Your Union citizen sponsor (settled or qualified person) enables you to stay in UK, not the optional and merely confirmatory RC.

No.

Thanks noajthan

So I should apply for FP and optionally RC - can I apply for both at the same time?

When you say he can apply mid 2017 are you suggesting he could apply at 4 years and 330 days(ish)?

Also a bit random but is it possible to travel to Germany and apply for an EEA FP from there (where it seems the processing time is only 15 days) and then come back to the UK to continue living? Or do I have to have the EEA FP approved by the HO if I want to live in the UK?

Thanks for your help

[ksf0810]

Planning ahead, assuming you plan to marry in the UK you should be aware that as foreign nationals you will have to give notice with a Home Office designated Registry Office.

The Registrar is then legally bound to notify the HO who can extend the notification period from 28 to 70 days in order to interview you both separately should they choose to do so, before the wedding can go ahead.

You will also both need to present your passports when you register to marry.

Thanks for the heads up Does the intent to marry expire at any point (or do we have to get married within x days/months of submitting the intent to marry)?

[noajthan]

Yes, mid 2017. Assuming rock-solid evidence and no prolonged absences.

RC - optional (not FP).
Your Union citizen sponsor (settled or qualified person) enables you to stay in UK, not the optional and merely confirmatory RC.

No.

Thanks noajthan

So I should apply for FP and optionally RC - can I apply for both at the same time?

When you say he can apply mid 2017 are you suggesting he could apply at 4 years and 330 days(ish)?

Also a bit random but is it possible to travel to Germany and apply for an EEA FP from there (where it seems the processing time is only 15 days) and then come back to the UK to continue living? Or do I have to have the EEA FP approved by the HO if I want to live in the UK?

Thanks for your help

FP is a VISA.
RC is applied for once settled in UK after you have the FP.

Apply for PR after 5 years. Mid-2017 is an approximation.

FPs must be issued by UKVI/HO wherever you apply for.

[Casa]

Planning ahead, assuming you plan to marry in the UK you should be aware that as foreign nationals you will have to give notice with a Home Office designated Registry Office.

The Registrar is then legally bound to notify the HO who can extend the notification period from 28 to 70 days in order to interview you both separately should they choose to do so, before the wedding can go ahead.

You will also both need to present your passports when you register to marry.

Thanks for the heads up Does the intent to marry expire at any point (or do we have to get married within x days/months of submitting the intent to marry)?

I believe that once approval has been given by the Home Office, the wedding date is agreed with the Registrar. The marriage can't take place before the notification period has been completed. (28 or 70 days depending on the HO)

[ksf0810]

Sorry just want to clarify that I am unable to apply for the EEA FM until my German partner has lived in the UK for 5 years and has his PR, correct?

[noajthan]

Sorry just want to clarify that I am unable to apply for the EEA FM until my German partner has lived in the UK for 5 years and has his PR, correct?

No, you have misunderstood something.

An optional RC is applied for once settled in UK (after you have arrived via FP or similar).
Apply for EEA(FM) if married.

Get up to speed on free movement here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

[ksf0810]

No, you have misunderstood something.

An optional RC is applied for once settled in UK (after you have arrived via FP or similar).
Apply for EEA(FM) if married.

Get up to speed on free movement here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

Oh ok I understand now, so I just apply for EEA(FM) once married, no need for FP to enter the country since I am already in the UK. Once I get EEA(FM) I can apply for a residence card.

I originally thought it was a pre-requisite when applying for EEA(FM) that my EEA partner has been living and exercising his treaty rights for 5 years but thanks for confirming this is not the case.

Really appreciate your help.

[ohara]

Family Permit is essentially just a visa to get the family member of an EEA national into the UK. You don't need one as you are already here.

EEA(FM) is the name of the application for a residence card. https://www.gov.uk/government/publicati ... orm-eea-fm

No need for your EEA sponsor to have been here for 5 years. It's also worth noting that a residence card is a confirmatory document, and as the family member of an EEA national your right to live and work in the UK is entirely dependent on your EEA sponsor's economic activity in the UK, regardless of whether you have an RC or not. It is also not a visa.

[noajthan]

Oh ok I understand now, so I just apply for EEA(FM) once married, no need for FP to enter the country since I am already in the UK. Once I get EEA(FM) I can apply for a residence card.

I originally thought it was a pre-requisite when applying for EEA(FM) that my EEA partner has been living and exercising his treaty rights for 5 years but thanks for confirming this is not the case.

Really appreciate your help.

For a spouse the application for a RC is EEA(FM).
One prerequisite is that Union citizen spouse/sponsor is settled in UK (or else exercising treaty rights).
Good luck.