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Residence Card after EEA family permit

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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SabinSnorlax
Newly Registered
Posts: 2
Joined: Tue Mar 21, 2017 10:31 pm

Residence Card after EEA family permit

Post by SabinSnorlax » Tue Mar 21, 2017 10:41 pm

Dear all,

I am a German national currently studying for my PhD in the UK.
My wife is from Hong Kong and has joined me here last week with an EEA family permit valid until late August.
I have a question regarding the residence card she can obtain.

Looking at the gov.uk page, it is mentioned that:

Stay after your EEA family permit expires
You can stay in the UK after your permit expires if you:
are the family member of an EEA national - see if you’re eligible
qualify for a ‘Surinder Singh’ application
have a retained right of residence
have a derivative right of residence
You can apply for a residence card card or derivative residence card to confirm your right of residence. You don’t have to apply but it will make it easier to prove your right to live and work in the UK.

So here's my question - what exactly happens if she does not apply for and does not obtain a residence card in the following months before the family permit expires?
Does she indeed retain the right to stay here?
Does she also retain a right to work?

Might be a stupid question, but I would be grateful for your input, especially if you have been / are in the same situation. Considering what's going on at the moment, I'm not so sure about EEA-related rights anymore.
By the way, the reason I'm asking is I won't take much longer to complete my PhD and we have no plans to stay in the UK once I'm done.

Many thanks in advance!

SabinSnorlax
Newly Registered
Posts: 2
Joined: Tue Mar 21, 2017 10:31 pm

Re: Residence Card after EEA family permit

Post by SabinSnorlax » Sat Mar 25, 2017 9:58 am

Hi all,
I was hoping someone here who is more familiar with the topic could shed some light on my wife's actual rights with/without the residence card.
Any information would be very much appreciated, as the EEA-issues hotline people were not very clear and overall not very helpful concerning this and became quite unfriendly after learning my wife and I don't plan to stay in the UK for much longer.
Thanks in advance!

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Residence Card after EEA family permit

Post by vinny » Sat Mar 25, 2017 10:08 am

As a student, you should also have CSIC.

EEA residence documents are not compulsory. However, ...
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

kurasinski_simran
Newly Registered
Posts: 28
Joined: Tue Sep 26, 2017 10:05 am
India

Re: Residence Card after EEA family permit

Post by kurasinski_simran » Fri Jan 12, 2018 7:32 pm

Hi Sabin

I am in a similar situation. I am not clear about the fact that if this residence cards needs to be obtained or not.
I am an Indian who joined my husband in the UK. He is an EEA national with a permanent residence card.

Did you get any response on the same? Please let me know.

Thank you
Best wishes
Simran


SabinSnorlax wrote:
Tue Mar 21, 2017 10:41 pm
Dear all,

I am a German national currently studying for my PhD in the UK.
My wife is from Hong Kong and has joined me here last week with an EEA family permit valid until late August.
I have a question regarding the residence card she can obtain.

Looking at the gov.uk page, it is mentioned that:

Stay after your EEA family permit expires
You can stay in the UK after your permit expires if you:
are the family member of an EEA national - see if you’re eligible
qualify for a ‘Surinder Singh’ application
have a retained right of residence
have a derivative right of residence
You can apply for a residence card card or derivative residence card to confirm your right of residence. You don’t have to apply but it will make it easier to prove your right to live and work in the UK.

So here's my question - what exactly happens if she does not apply for and does not obtain a residence card in the following months before the family permit expires?
Does she indeed retain the right to stay here?
Does she also retain a right to work?

Might be a stupid question, but I would be grateful for your input, especially if you have been / are in the same situation. Considering what's going on at the moment, I'm not so sure about EEA-related rights anymore.
By the way, the reason I'm asking is I won't take much longer to complete my PhD and we have no plans to stay in the UK once I'm done.

Many thanks in advance!

dan1988uk
Member of Standing
Posts: 274
Joined: Tue Jun 27, 2017 2:39 pm
Italy

Re: Residence Card after EEA family permit

Post by dan1988uk » Fri Jan 12, 2018 8:03 pm

Non EEA family members of EEA nationals are allowed to stay in the UK with an expired EEA Family permit but NO ONE will give them a job without a card stating which this person is allowed to work in the UK and if this person is leaving the UK it will be hard to enter again.
I really don't understand why people don't want to apply for the Residence Card.

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