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✎ EN EEA Family Permit

Discussion in 'Immigration UK' started by Marco 72, Oct 5, 2005.

  1. Marco 72

    Marco 72 New Member

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    I am an Italian working in London. Early in July I married my American girlfriend in the US. A month earlier I had applied for a UK residence permit for myself. After our wedding my wife was quickly granted an EEA Family Permit by the British Consulate once they saw a) our passports, b) our marriage certificate, c) proof of my employment, and d) proof of my previous application for a UK residence permit.

    The only problem is that the Family Permit on her passport will expire in mid-January and we are not sure what to do next. Back in July an immigration solicitor we hired told us he would apply for a residence permit for my wife and myself (given that my status had changed since my previous application). I sent him all the relevant documents early in August, however to my knowledge he has not yet done so (he says he was very busy). Apparently he was unaware of the fact that EEA Family Permits now expire six months after they are issued, rather than a year. When I told him, however, he said I shouldn't worry since the expiry of the permit is just a formality and my wife has the right to stay with me under EU law anyway. My worry, however, is that British immigration officials might take a different view. Would they let her back in if she left the UK and came back after her Family Permit had expired? The expiration date is clearly marked in the passport. If not, is there a way to renew her EEA Family Permit for another six months? I think it's very unlikely at this point that if she applied for a residence permit now it would be granted by the time her Family Permit expired.

    How long does it normally take for someone in her condition to be granted a residence permit? I know it's difficult to quote exact figures, but is this a matter of months or even years? I applied for my residence permit at the beginning of June but so far I've heard nothing from the IND, not even a note saying they were processing my application.
    Thank you very much.

    Marco
     
  2. daphne

    daphne Member

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    You don't need to use a lawyer to get a residence permit. The application is pretty straight forward. My husband and I spent 15 minutes filling in the form. Together with a few documents, we sent our application to the IND by ourselves using Royal mail special delivery.

    If you wife applies for her residence permit now, she will need to send her passport to IND. If the two of you plan to leave Britain at Christmas, I suggest that your wife postpones her application until January. Once she submits her application, her stay in Britain will be legal until the IND makes a decision, even though her permit expries in January.

    The IND can take up to six months to make a decision. I applied in May, and got it July, but I was extremely lucky. Lots of people needed to wait for 4-5 months. The most annoying thing for most people is that the IND keeps the applicant's passport for the entire period.

    I did not quite get it, but did you mean that you have submitted your residence permit application and are still waiting for a decision? If so, I think you should have a reference number (if you don't, call IND to find out). Ask your wife to submit her application quoting that reference number. Of course you should confirm this with the IND. I am just guessing here.

    Good luck.
     
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