Tier 2 visa expiring while waiting EEA family member RC

[chiquiflautro]

I am a EEA qualified person (working full-time), and my wife is non-EEA working in UK under a Tier 2 visa. We have been living together as a couple for nearly 2 years, and being married for a bit over 3 months.

Her contract has recently (last week) been terminated with one month notice. Because of that we decided to apply for a UK residence card as a member of a qualified EEA citizen. However, after looking around this forum we are getting quite worried because it seems to take between 4-6 months for people to get the residence card.

Will she have to get back to her country if she doesn't receive the residence card before the visa expires? Bear in mind that all her documents, including passport, are with the home office. Or will they allow her to stay while the application is being processed? Has anyone else faced a similar situation? Is there anything else we can do?

Thanks in advance!

[CR001]

No she won't. Her rights are automatic as the spouse of an EU citizen (non British).

She won't be able to work until she gets a CoA with work permitted.

[chiquiflautro]

Thank you very much CR001 , your words reassure us. We've been quite worried...