Entered on EEA Family Permit what is the smart next step?

[leedavey]

Hi all,

I entered the UK with my EEA national wife back in late October. My EEA Family Permit is valid until mid April and I have not applied for a Residence Card.

I travel abroad pretty much weekly for work, and to date have had no issues clearing UK border control with my EEA Family Permit.

After returning back to Australia for Christmas, my wife must remain there for medical reasons until March, I was given the 3rd degree when re-entering the UK when asked if my wife was here and I honestly answered 'no'.

My dilemma is a combination of:

a) needing my passport to travel for work

b) wife's passport is not currently in the UK

I had not planned on appling for a Residence Card as I have only been posted here for a finite period of time and I am not interested in obtaining Indefinite Leave to Remain.

When I look at form EEA2 it informs me that application for an RC is optional, not mandatory.

I have looked around online and found that some people purport to have applied for an 'extension' to their EEA Family Permit (although I have not seen any UKBA form which enables this), others allude to leaving the UK and obtaining a new EEA Family permit in a 3rd country (Ireland and France mentioned most commonly for obvious reasons), and finally I have read that the 'expiry' date on the EEA Family permit is not a bona fide expiry date at all but rather a date by which initial entry accompanying or join the EEA spouse must be completed. This final option would imply that re-entry to the UK could not legally be refused provided the EEA spouse was still exercising treaty rights in the UK, even if the spousal EEA Family Permit was 'expired'.

I called the UKBA yesterday and was informed that I would need to apply for a Residence Card at any point prior to the expiration of my EEA Family Permit. The main issue I have with this is that even though in theory I can apply for the early return of my passport, I would need to travel almost immediately for work and even with a RC application in place would have neither a valid EEA Family Permit nor CoA for the RC to help my case when I attempt re-entry.

Is my best course of action to apply for a new EEA Family Permit in a 3rd country prior to the expiration of the current Permit? I have no issue with taking a short trip somewhere every 6 months to complete this process and if this is plausible it certainly seems like the fastest way to get an entry clearance endorsement and passport return.

Many thanks in advance for your feedback.

[Joppa]

Originally Posted by leedavey

Hi all,

I entered the UK with my EEA national wife back in late October. My EEA Family Permit is valid until mid April and I have not applied for a Residence Card.

I travel abroad pretty much weekly for work, and to date have had no issues clearing UK border control with my EEA Family Permit.

After returning back to Australia for Christmas, my wife must remain there for medical reasons until March, I was given the 3rd degree when re-entering the UK when asked if my wife was here and I honestly answered 'no'.

My dilemma is a combination of:

a) needing my passport to travel for work

b) wife's passport is not currently in the UK

I had not planned on appling for a Residence Card as I have only been posted here for a finite period of time and I am not interested in obtaining Indefinite Leave to Remain.

When I look at form EEA2 it informs me that application for an RC is optional, not mandatory.

I have looked around online and found that some people purport to have applied for an 'extension' to their EEA Family Permit (although I have not seen any UKBA form which enables this), others allude to leaving the UK and obtaining a new EEA Family permit in a 3rd country (Ireland and France mentioned most commonly for obvious reasons), and finally I have read that the 'expiry' date on the EEA Family permit is not a bona fide expiry date at all but rather a date by which initial entry accompanying or join the EEA spouse must be completed. This final option would imply that re-entry to the UK could not legally be refused provided the EEA spouse was still exercising treaty rights in the UK, even if the spousal EEA Family Permit was 'expired'.

I called the UKBA yesterday and was informed that I would need to apply for a Residence Card at any point prior to the expiration of my EEA Family Permit. The main issue I have with this is that even though in theory I can apply for the early return of my passport, I would need to travel almost immediately for work and even with a RC application in place would have neither a valid EEA Family Permit nor CoA for the RC to help my case when I attempt re-entry.

Is my best course of action to apply for a new EEA Family Permit in a 3rd country prior to the expiration of the current Permit? I have no issue with taking a short trip somewhere every 6 months to complete this process and if this is plausible it certainly seems like the fastest way to get an entry clearance endorsement and passport return.

You can either apply for your residence card - average processing time around 2-4 months and 4 - 6 weeks for CoA, or get a new EEA family permit every 6 months outside UK (any country). You cannot extend your permit within UK. There was to be a same-day premium service in Liverpool for EEA2 applications, but it seems to have been shelved.

Don't take at face value a statement like you don't have to apply for your residence card or EEA family permit expiry doesn't matter. UKBA has to say it in order not to fall foul of EU law. While under EU rules you may have right to live in UK, each country is allowed to have its own procedure to verify it and it's convincing the UKBA immigration officer about it in the absence of RC, CoA or valid permit that will be the issue, as you have already experienced. So get your RC or keep renewing your EEA permit.

I know the situation isn't good and the procedure messy and time-consuming, but your options are limited. You also need to show that your wife's stay in Australia is only temporary and she is still exercising treaty rights in UK.

[leedavey]

Hi Joppa,


Many thanks for your prompt response.


I would certainly take the option of renewing the EEA Family Permit every 6 months.


The way form VAF5 (or the online equivalent) is worded is very much for applying from country of residence. Since I am resident in the UK this will be difficult. Do you know if I will need to return to Australia to apply or if a short trip to the UK Embassy in Dublin or Paris with my EEA national wife will suffice?


Also, do you know if biometrics may be re-used for subsequent applications as they are already on file?


Many thanks again.

[Joppa]

Originally Posted by leedavey

Hi Joppa,


Many thanks for your prompt response.


I would certainly take the option of renewing the EEA Family Permit every 6 months.


The way form VAF5 (or the online equivalent) is worded is very much for applying from country of residence. Since I am resident in the UK this will be difficult. Do you know if I will need to return to Australia to apply or if a short trip to the UK Embassy in Dublin or Paris with my EEA national wife will suffice?

VAF5 assumes you are applying in the country of residence, but you can actually get your EEA permit at any British diplomatic post that issues visas. You just have to complete the form in the way it applies to you.

Also, do you know if biometrics may be re-used for subsequent applications as they are already on file?

No you need to have fresh one done each time, but it's no big issue as it will be done as part of your application process, often in person.

[leedavey]

Thanks Joppa, you have definitely made my day today!

This must be an unpopular method of remaining in the UK, as I can't find any anecdotes online about people doing this?? (like residents in Malaysia doing visa runs to Singapore periodically etc)

Originally Posted by Joppa

VAF5 assumes you are applying in the country of residence, but you can actually get your EEA permit at any British diplomatic post that issues visas. You just have to complete the form in the way it applies to you.



No you need to have fresh one done each time, but it's no big issue as it will be done as part of your application process, often in person.

[Joppa]

Originally Posted by leedavey

Thanks Joppa, you have definitely made my day today!

This must be an unpopular method of remaining in the UK, as I can't find any anecdotes online about people doing this?? (like residents in Malaysia doing visa runs to Singapore periodically etc)

Because most people just put up with the long process for EEA2 to get residence card, valid 5 years. Also those who enter with EEA family permit are usually dependent families and don't normally have work commitment overseas.

[leedavey]

Joppa,


Very good points indeed.


One final question if I may before I leave you alone:


Can you tell me if I need to take my wife with me on these EEAFP runs I will do each 6 months? I know I shouldn't need her for the application process, but if she is not with me when I re-enter for the first time with the fresh FP then I will not necessarily be able to prove she is already in the UK.


Many thanks.

Originally Posted by Joppa

Because most people just put up with the long process for EEA2 to get residence card, valid 5 years. Also those who enter with EEA family permit are usually dependent families and don't normally have work commitment overseas.

[Joppa]

Originally Posted by leedavey

Can you tell me if I need to take my wife with me on these EEAFP runs I will do each 6 months? I know I shouldn't need her for the application process, but if she is not with me when I re-enter for the first time with the fresh FP then I will not necessarily be able to prove she is already in the UK.

There's no need for your wife to accompany for your EEA permit runs. It will be helpful if your wife is available at the end of a phone when you arrive in UK, or meeting you at the airport. Also take some documents to show she is living and working in UK, such as work contract, council tax or utility bill etc.

[leedavey]

Thank you Joppa, your attention to my posts is greatly appreciated.

Enjoy your weekend!!

Originally Posted by Joppa

There's no need for your wife to accompany for your EEA permit runs. It will be helpful if your wife is available at the end of a phone when you arrive in UK, or meeting you at the airport. Also take some documnets to show she is living and working in UK, such as work contract, council tax or utility bill etc.

[SAMie]

Originally Posted by leedavey

Thank you Joppa, your attention to my posts is greatly appreciated.

Enjoy your weekend!!

Hi Leedavey,

Can you advise me how you got on? I'm in a very similar situation with regards to my husband who is Australian and who's EEA family permit has a validity until April. We are also not planning on settling in the UK and UKBA has told us that it will take 6mths to get him a residency card in which time we may have returned to Australia!!

His permit was validated on 29 October, and the validity on his permit is 2 April. We are travelling to France over Easter and I'm worried there might be trouble re-entering after the validity date. Also, like yourself he also needs to travel for work and I'm concerned about him re-entering the country with no proof that he's married to an EU national.

I've looked on the British Embassy site for Ireland and looks like most get processed in 2 days!!! This seems like a good alternative.

Thanks