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Residence card and the new Pre-settled status

Posted: Wed Nov 14, 2018 5:45 pm
by Jlvyver
Hi all,

So I am a non-eea family member of an eea spouse. We are moving to the UK this month, me with an EEA family permit, and I will then apply for further right to live in the UK with my wife.

My question is how to proceed with this. The EEA family permit is valid for 6 months, during which time i need to apply for the next longer duration residence card. But, the new application for pre-settled status comes into full effect as of March next year.

Is there any use in applying now for a residence card, and not just waiting until i can make application for the pre-settled status? I have heard in any event stories of the residence card applications dragging for months and do not widh to be without my passport for so long.

Re: Residence card and the new Pre-settled status

Posted: Wed Nov 14, 2018 6:05 pm
by aarontran2506
I think you should just wait for the new pre-settled status to come into full effect and apply for it. Your Family Permit does indeed expire after 6 months, however it doesn't mean you become an overstayer. Your EU right of free movement is automatic and that family permit is just a piece of proof to show people that you can stay.

I have read somewhere that Sajid Javid claimed the new system will be fully implemented in March 2019 so your 6 month Family Permit duration should rightly cover you up until that. The only problem would be if your employer insists on seeing some hard evidence longer than 6 months, well if that's the case, my limited knowledge can only suggest you apply for the residence card. However, I think the wise moderators and experienced members on this forum may have better recommendations for you