Non-EEA & EEA marriage - do you NEED an RC or FP?

[achk]

I'm a non-EEA currently in the UK on a Tier 5 Visa.
My other half and I had planned to get engaged next year, but in order for me to continue to stay in the UK we are considering getting married earlier.

However, my question is, even if we were to get married, will I still have to jump through the hoop or exiting the country to apply for a family permit? OR giving away my passport for 6 months to apply for a Residence card? Realistically neither of those options seem very attractive.

According to the UK GOV website... it states the below:
"Who should currently apply
You don’t need to apply for a residence card as a family member of an EEA or Swiss national, but it can:

help you re-enter the country more quickly and easily if you travel abroad
show employers you’re allowed to work in the UK
help prove you qualify for certain benefits and services"

My question is, does this mean it's not 100% required?

IF so, what are the implications of not having a residence card or family permit if I was to travel after marrying my other half?

Thank you...

[achk]

If anyone could help, it would be great!

[dan1988uk]

If you are already in the UK you will not need EEA FP but you can apply for the Residence Card of a family member of EEA citizen. Without it it's very unlikely that they will let you enter the UK if you go abroad, if you don't have another valid visa. Anyway recently they changed their policy in terms of passport: if you EEA spouse will apply together with you for his QP certificate you can both use the European Passport Return Service so you don't have to submit your passports.

[achk]

Dan,

I spoke to a few immigration lawyers which seem to confirm what you suggested.

We're going to apply for his QP certificate online so we can use the passport return service.

Hoping this way I can travel once I receive my CoA. Any knowledge as to whether or not I would be able to travel when my application is in process but if I haven't received my CoA?

Any advice would be great. Thank you!

[dan1988uk]

It is better NOT leave the UK during the application even if you have CoA, they might not let you enter the UK even if you travel with your EEA spouse.

[GMB]

Hoping this way I can travel once I receive my CoA. Any knowledge as to whether or not I would be able to travel when my application is in process but if I haven't received my CoA?

You're fine to travel as much as you want, with or without a COA. You still have a valid Tier 5 visa, so you can enter on that while your RC application is being processed. And traveling will have no impact on your application; that's a restriction under the domestic immigration rules, not under the EEA rules.
I was in your position when I applied for my EEA RC (like you, I already had a visa under the domestic rules), and as soon as I had my passport back I traveled quite frequently long before my RC arrived in the mail. Never took my COA with me, never mattered.
I now have an application in for PR, so I had to turn my RC in with that. I still travel. I re-entered the UK in June, but didn't get my COA until July. And it still didn't matter. You have a legal right to re-enter the UK under EEA law, regardless of whether or not you possess a COA or RC or whatever.

The ONLY consideration would be if your Tier 5 expired in the meantime and you're a "visa national," in which case boarding a return flight would be problematic. Otherwise, you're fine to travel.

[achk]

Hoping this way I can travel once I receive my CoA. Any knowledge as to whether or not I would be able to travel when my application is in process but if I haven't received my CoA?

You're fine to travel as much as you want, with or without a COA. You still have a valid Tier 5 visa, so you can enter on that while your RC application is being processed. And traveling will have no impact on your application; that's a restriction under the domestic immigration rules, not under the EEA rules.
I was in your position when I applied for my EEA RC (like you, I already had a visa under the domestic rules), and as soon as I had my passport back I traveled quite frequently long before my RC arrived in the mail. Never took my COA with me, never mattered.
I now have an application in for PR, so I had to turn my RC in with that. I still travel. I re-entered the UK in June, but didn't get my COA until July. And it still didn't matter. You have a legal right to re-enter the UK under EEA law, regardless of whether or not you possess a COA or RC or whatever.

The ONLY consideration would be if your Tier 5 expired in the meantime and you're a "visa national," in which case boarding a return flight would be problematic. Otherwise, you're fine to travel.

GMB,

Very interesting what you've said... My Tier 5, unfortunately, expires in Oct so there would be a period with no valid visa whilst waiting for my RC. I have a british national overseas passport (hong kong) so I don't need a visa to enter into the UK.

However, when you were travelling, did you re-enter as a traveller? Also, when you were applying for the RC, were you an unmarried partner or married?

Thank you!

[GMB]

My RC was as a married partner. By "re-enter as a traveller" I assume you mean as a tourist? When I was traveling while awaiting my RC, I still had my FLR(O) visa so I just re-entered on that through the Non-EU passport holders lane. Recently, I've re-entered through the EU/EEA lane with a copy of my EEA RC, as well as my marriage certificate and a copy of my wife's DPRC just for good measure, since I often travel alone. Never re-enter as a tourist unless you're a tourist. You should let them know as soon as you walk up that you're entering under the EEA rules, regardless of which lane you're coming through. As long as you have all relevant evidence, they can't turn you away.