Wendy D wrote: ↑Wed Sep 20, 2017 11:16 am
Please may i further clarify with you, if the non-EEA person enters into UK with tourist visa and subsequently applied for EEA residence card, is it the same case that he/she can stay while waiting for the results even though the tourist visa would be expired before the result is released?
It's good that the answer is also applicable to
Laluchasigue, as a tourist visa is not the same as a family permit.
Nowadays, the practical answer is
Regulation 14, 'extended right of residence'. The regulation grants an
automatic right; it does not say when
permission to reside should be granted. Regulation 13 sometimes applies, but the right under that regulation lasts for no more than 3 months, which is currently not time enough to get a residence card.
There is one exception to this automatic right. According to the regulations, an extended family member is a family member and therefore has rights only so long as they hold a valid family permit or residence card. This could be embarrassing if the family permit expires while waiting for the residence card. There is a belief that Section 3C of the Immigration Act 1971 would apply in such a case, but this is hotly disputed. In practical terms, it would be unlikely to be 'proportionate' to remove from the UK someone who had entered on a family permit and would qualify for a residence card if they were a family member.
Note that the fact of applying for a residence card does not entitle (except possibly in the case of extended family members) one to remain in the UK. It is having the right that the residence card would evidence that provides the entitlement. If the EEA sponsor is not a permanent resident and is not a qualified person, one is not entitled to stay while waiting for the decision. This is quite different to Section 3C.
