Questions concerning EEA family permit, travel outside EU

[Icicle_Bicycle]

Hi,

I have a few questions concerning my wife's visa and I would be very grateful if someone could enlighten me. I have been reading through the UKBA websites for days now and I cannot find satisfying answers.

This is the situation:
I am a German national, my wife is Peruvian. I am studying in the UK and my wife is here with an EEA family permit. When she applied for it, she stated that she wanted to stay for a whole year (September 2012 - September 2013). However, the EEA family permit she received is only valid for 6 months, starting on 12 August 2012 and ending on 11 February 2013.

Now she wants to visit her family in Peru over christmas and will stay there approximately until end of February.

My questions:

• 1. Does that mean that she won't be able to enter the UK with this family permit? I have read somewhere that even after the permit loses its validty, one would not be considered to have overstayed if the family situation does not change. But what happens if you leave the country?
  
  2. Is there a possibility to extend the EEA family permit so that it includes the whole year?
  
  3. I have also read about the possibility to apply for a residence card. However, this may take up to 6 months and her flight leaves on 17 December 2012.
  
  4. If we used the premium service, which fee would apply?
  http://www.ukba.homeoffice.gov.uk/about ... rson/cost/
  Would this count as an "extension of stay"?
  
  5. I have read through the EEA2 form and they are asking exactly the same questions as for the EEA family permit, with the only difference that this time, it can't be filled in online. Isn't the UKBA supposed to have all this information?
  
  6. The British Embassy in Peru told us that they are not responsible and that we should contact the Home Office. But I seem to be unable to find a phone number where an actual person will speak to me. It's just pre-recorded answers that tell me to read the homepage.
  I have tried the UK Home Office (020 70354848), the UKBA Immigration Enquiry Bureau (0870 606 7766) and UKBA European Enquiries (0845 0105 200).
  Are there specific hours when they let me talk to an agent?

Any help would much appreciated!
Best regards
Jörg

[el patron]

You cannot extend the family permit, however you can apply for another one at any British diplomatic post abroad that accepts visa applications, the nearest likely to be Dublin or Paris, Dublin having the advantage of being within the common travel area. You won't of course get any advice from UKBA about making such applications in this manner as they would insist that as being UK resident you sit tight in the UK and make an EEA2 application in country.

[Jambo]

The main purpose of EEA Family Permit is to facilitate travel to the UK for visa nationals (basically allowing them to get on a flight). The non EEA national is expected (although it is not mandatory) to apply for a 5 years Residence Card once he is in the UK.

As for your questions:

1. It is true that it doesn't matter if the EEA Family Permit expire or not while you are in the UK but for her to be able to get on a flight back to the UK, she will need a valid EEA Family Permit or a Residence Card.
2. No. EEA Family Permit are valid for 6 months.
3. This is correct. She can apply and ask for her passport back before the RC is issued but without a RC, she will have trouble flying back to the UK.
4. There is no premium services for European applications. It needs to be done by post.
5. They probably have all this information but they would like to have it again. Maybe your circumstances have changed since the last application.
6. The UKBA European Enquiries is the correct number to call.

As she is going to be in Peru for a few weeks, the best option would be to apply again for a EEA Family Permit from Peru.

[Directive/2004/38/EC]

For a new EEA FP, she would need a photocopy of your passport, a marriage certificate, and evidence that you are working in the UK.

[Jambo]

For a new EEA FP, she would need a photocopy of your passport, a marriage certificate, and evidence that you are working in the UK.

As the OP is studying and not working in the UK, proof of his studies.

[Icicle_Bicycle]

Many thanks for your helpful replies! We will probably try to get another EEA family permit for her.

One thing has changed and I wanted to ask if that makes things easier: My wife now has an unlimited German residence permit. Could this somehow be useful for entering the UK or when applying for the family permit?

Best regards
Jörg