Overstaying definitely complicates the situation. Though hiring an immigration lawyer is expensive, it may offer you the best chance of being successful.

For the usual requirements, refer to the Guide to London which provides a UK visa section, and our FAQ addresses "What is a UK EEA Family Permit?".

Does anyone have experience with this? Good luck!

 

texkourgan:

Do you know if a nonEU spouse can apply for an EEA family permit while in the UK on a visitors visa? Are these the non EUs in the UK that you mentioned first?

Here is my circumstance:

I am a nonEU living in France with my French fiancé. We are moving to the UK the end of June and I have applied for a family permit before traveling there. Due to unforeseen circumstances I must return home to the US and therefore must have my passport (I was told that they keep your passport while waiting for your EEA family permit approval). I will be gone until mid June and therefore when I return to France, I do not have the 2 weeks to wait for my approval. If I move to the UK with my partner and then apply for the EEA permit, is that acceptable?

Thank you,

Jess

 

Thank you. That is what I thought. Its a straggle as if I do it now I only have 10 days to get it back before needing to go back to the US. Sadly I dont think I will have my passport back in time so I wont be able to apply and will need to push my start date back for my job.

Thank you again for your answer. Its a lot of help.

 

Wish I had known earlier that they had to keep my passport. I have never had this done for a visa.... and I didnt see this until I submitted my online application. It is written on the page they send you when you submit the application but I didnt see where it said it before that.

 

It is true that you can apply for a resident permit while inside of the UK after coming in as a visitor. I know this because I currently have an application for (EEA2) and I am currently in the UK and I came in as a visitor. You are legal here as you await your answer regarding your permit.