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Category: Immigration Law
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Experience:  UK Lawyer holding practising certficate for England & Wales.
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EEA Family Permit Visas are valid for

Resolved Question:

Dear Sir or Madam,
EEA Family Permit Visas are valid for 6 months only. What's happening after 6 months? What the status of the person living in the UK, but with an expired Visa?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,
Thanks for your question.
Has the person travelled to the UK and remained here?
Tom
Customer: replied 1 year ago.

Hi Tom,

Please allow me to provide you with further details. I am a German national that lives in the UK and married an Indian woman.

After our wedding in Kolkata (6/04/15) my wife moved with me to the UK. Her EEA family permit visa is going to expire on the 6th of August 2015.

We contacted the home office to apply for a resident card, but they told us it can take up to 6 months to make a decision. We are unclear on what's happening at the 6th of August when the Visa expires. Can my wife stay in the country and await the outcome of the decision from the home office?

Kind regards,

Simon Oexl

Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
EEA rules are different to normal UK visa rules.
Basically, the family permit is not a like a visa. The expiry of the family permit does not mean that your wife’s status in the UK is in jeopardy.
If it expires, nothing will happen provided that she stays in the UK. She will not face immigration enforcement action.
Basically her right to be in the UK derives from the fact that she is married to you and that you are in the UK. It does not require a permit/visa.
So, technically she could never apply for a residence card and still have the right to stay in the UK.
The reason that it is sensible to apply for a residence card is because if she leaves the UK without having one then she will face difficulty getting back in and they may require her to apply again for a family permit before letting her back in. It’s also useful in order to prove that she has the right to work in the UK to employers.
But basically her status is not at risk once the permit expires but if she leaves the country then she may have difficulty getting back in.
You should apply for a residence card for the above reasons but the family permit expiring does not mean that she no longer has the right to be in the UK,.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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