EEA (EFM) Residence Card Application Inquiry

[MARCCUI]

Hi guys,

This is Marc who has applied for the residence card as an EEA unmarried partner on 22nd of June. And I received the biometric request letter from Home Office on 21st of Aug in whch it also enclosed an COA leter that states no work. I enrolled my biometric data on 22nd of Aug. However, the visa I am holding will expire on 16th of Sept whch means that I have to go back to China. I used the passport return servce, so I have my passport wth me. There are some questions I would like to understand before going back. Could anyone please kindly advise my below questions?

1. If I go back, will my apllication still be valid or it will be removed from the consideraton?
2. If it is valid, how can I receive the residence card once Home office made its postive decision as I will be in China?
3. Should I inform Home office about my address in China though my partner is still remain in the same address in UK?

Thanks for your help in advance.

[ddyy1125]

Hi guys,

This is Marc who has applied for the residence card as an EEA unmarried partner on 22nd of June. And I received the biometric request letter from Home Office on 21st of Aug in whch it also enclosed an COA leter that states no work. I enrolled my biometric data on 22nd of Aug. However, the visa I am holding will expire on 16th of Sept whch means that I have to go back to China. I used the passport return servce, so I have my passport wth me. There are some questions I would like to understand before going back. Could anyone please kindly advise my below questions?

1. If I go back, will my apllication still be valid or it will be removed from the consideraton?
2. If it is valid, how can I receive the residence card once Home office made its postive decision as I will be in China?
3. Should I inform Home office about my address in China though my partner is still remain in the same address in UK?

Thanks for your help in advance.

Hi Marc, I have applied for EFM residence card as well and I am from China too. You do not go back to China. You need to wait in the UK. You have no right to work because you are extended family member but you have the right to stay while waiting for your decision. Hope this helps.

[lunallena]

You have to remain in the UK for the application to be still valid. After your visa expires you can still remain in the UK but you will not be able to work (standard procedure for EFM).

[MARCCUI]

Hi Lunallena,

So nice to meet you here. I really appreciate your response to my questions. Could you share your personal experience about your RC application? When did you apply for it? Have you received the RC yet? Some people say that the applcation got rejected, the applicant can become an overstayer. Were you in the similar situation like mine? Thanks.

[lunallena]

Hi there!

I applied for my EFM RC on the 22/02/2017 and received the card last week (25/08/2017). As you mentioned, as EFM we are not protected by section 3C under the UK Immigration Rules and we can be considered as over stayers once the visa expires and also if the application gets rejected. In my case, I applied while my Tier2 visa was still valid but I knew it was going to expire before receiving the EFM RC. Fortunately, my sponsor was able to extend the Tier2 during the process so I never became an over stayer.

What kind of visa are you currently on? Is there any way you can extend it? Also, did you provide solid evidence of 2 year cohabitation with your EEA partner?

[MARCCUI]

Hello lunallena,

Congratulations! Thanks for sharing your experience. I'm holding a short term study visa which seems by no means can be to extend or switch to another one. We have provded 3 years tenancy contracts in China with both names on them, bank slips but not joint bank accounts with same address in them, Labor contracts, working permit of my partner, photoes of travelng together, flight tickets, train tickets. On the UK side, we submtted UK tenancy contract, joint bank statements, labor contract and salary slip of my partner, council tax. We have provided everything we could. There is one problem is that the tenancy contracts in China looked so fake but they are like that in China. I have decided to go back to China and apply for the family permit to come back. Its can be very dangerous to remain here with a expired visa as it can cause many troubles for future applcations once became overstayer.

[ddyy1125]

MARCCUI,

I am speechless. We are in the similar situation that's why I was giving you advise. However you ignored completely. If you want to apply for FP you should do it before you apply for EEA EFM RC. You do not apply for FP afterwards. And you SHOULDN'T leave the UK during your application and you are not a over stayer. I tried my best to help you. Strongly advise you to talk to a lawyer.