EEA Family Permit expires before EEA (EFM) result

[piyachanbocsa]

Hi everyone,

I am a non-EEA unmarried partner joining my EEA partner in the UK on an EEA Family Permit. I have been having a look around and most EEA (EFM) applications seem to take longer than 6 months to process (6 months being the validity of the EEA Family Permit).

Therefore, my following questions:

1. What happens if the EEA Family Permit of a Non-EEA Unmarried Partner expires while waiting for the Residence Card decision?
2. Since I qualify as an Extended Family member, am I entitled to remain in the UK until UKVI reaches a decision regarding the Residence Card?
3. If yes, what happens if the Residence Card application gets rejected?
4. Is there any written documentation confirming this? Could I please have a link?

Thank you so much

[piyachanbocsa]

Does anyone know the answer to any of the questions? Anything would be helpful and greatly appreciated.

Thank you!

[secret.simon]

Under regulation 7(3), a person who enters with an EEA family permit issued as an extended family member, only has a right to reside in the UK on this basis while the EEA family permit is valid (six months).

If that person then submits an application for a residence card or registration certificate before the EEA family permit expires, you do not need to undertake stages 2 to 4 of the four stage consideration process. If the EEA family permit has expired at the point of application you must apply the full four stage process.

[piyachanbocsa]

Under regulation 7(3), a person who enters with an EEA family permit issued as an extended family member, only has a right to reside in the UK on this basis while the EEA family permit is valid (six months).

If that person then submits an application for a residence card or registration certificate before the EEA family permit expires, you do not need to undertake stages 2 to 4 of the four stage consideration process. If the EEA family permit has expired at the point of application you must apply the full four stage process.

Thanks 'secret.simon'. I've already read that but I must have interpreted it the wrong way. If you read the first paragraph in isolation, it does make it pretty clear.

Regarding the second paragraph, from your/this board's experience, do they really ignore stages 2 to 4 if the EEA Family Permit is valid? In that case they would only assess stage 1 which is the "Status of EEA Sponsor" which would make a large chunk of the application form (EEA EFM) irrelevant - especially the proof of durable relationship section.

Thanks a lot!

[Dea_25]

Hi, I am in a similar situation to you and was wondering the same. It would make sense that you would have the right to be here while your application was being considered because as you say, the timescales wouldn't work otherwise. Also, they hold on to your passport so it's not as if you can leave after 6 months (unless you request it back).

Interesting to note that they might only undertake stages 2 and 4 but suppose it makes sense if your relationship status was already verified during the EEA family permit process - though they also would have looked at the EEA partner's status then but I suppose this is to ensure they are still a qualified person.

I am consulting an immigration lawyer on this next week as I'd also like to confirm the right to work under this visa category, including in the grey area between EEA family permit expiry and before a residence card is issued. I can post back after that.

Also note that the application form has changed on Feb 6 - I was unlucky enough to send mine off the next day using a version of the application form I printed off the day before it was updated!

[piyachanbocsa]

Hi, I am in a similar situation to you and was wondering the same. It would make sense that you would have the right to be here while your application was being considered because as you say, the timescales wouldn't work otherwise. Also, they hold on to your passport so it's not as if you can leave after 6 months (unless you request it back).

Interesting to note that they might only undertake stages 2 and 4 but suppose it makes sense if your relationship status was already verified during the EEA family permit process - though they also would have looked at the EEA partner's status then but I suppose this is to ensure they are still a qualified person.

I am consulting an immigration lawyer on this next week as I'd also like to confirm the right to work under this visa category, including in the grey area between EEA family permit expiry and before a residence card is issued. I can post back after that.

Also note that the application form has changed on Feb 6 - I was unlucky enough to send mine off the next day using a version of the application form I printed off the day before it was updated!

Hi Dea_25,

I was wondering if you ever got to consulting an immigration lawyer on this? I've recently received my CoA with Right to Work. However, as I've submitted my Residence Card application in mid-May there is virtually no chance of getting the result before my EEA Family Permit expires in early October.

It is so frustrating that there is no way to get a clear answer on this. Am I allowed to remain in the UK until the Residence Card decision is announced? Will I be considered an over-stayer if it somehow gets refused?

To make matters more frustrating, when using the online form to request the passports back there was a bullet point mentioning that "if I am the main applicant or another applicant and I am subject to immigration control (i.e. not settled or an EEA national or the family member of an EEA national) and I have requested my travel document for identity purposes I understand that if I use those documents to travel outside the UK, Republic of Ireland, Channel Islands and Isle of Man my application may be refused, voided or withdrawn and the fee will not be refunded. I may also be unable to re-enter the UK;".

If anyone on the forum has an answer to this, feel free to pitch in.

Best Regards,
Pinn