Tier 2 Expired, But Married to an EEA Citizen

[corvuscato]

I am an American citizen who arrived in the UK in June 2012 on a Tier 2 visa for three years. The visa was then extended by my employer for an additional year. My contract ended on 25 June 2016 and my Tier 2 visa expired on 9 July 2016.

On 6 July 2016, I and my wife, a Dutch national who lives and works in the UK, were married.

Do I need to leave the UK and apply for reentry via an EEA family permit? Can I stay here in the UK and directly apply for a Residence card of a family member of a Union citizen? Must any of these things be done before the 28-day grace period after my Tier 2 visa expiration ends (6 Aug)?

[noajthan]

I am an American citizen who arrived in the UK in June 2012 on a Tier 2 visa for three years. The visa was then extended by my employer for an additional year. My contract ended on 25 June 2016 and my Tier 2 visa expired on 9 July 2016.

On 6 July 2016, I and my wife, a Dutch national who lives and works in the UK, were married.

Do I need to leave the UK and apply for reentry via an EEA family permit? Can I stay here in the UK and directly apply for a Residence card of a family member of a Union citizen? Must any of these things be done before the 28-day grace period after my Tier 2 visa expiration ends (6 Aug)?

Congratulations.

There is no '28 day period' as UK Immigration Regs don't apply when you are enjoying rights under EU law.
Ofcourse if you are refused for some reason (eg marriage of convenience) you will be an overstayer if EU Regs are deemed not to have kicked in.

Looking on bright side, the RC is optional and simply confirms your status; and you do have a 3 months grace period under EU law before wife has to knuckle down and get back to real work.

Suggest shoot for the optional and purely confirmatory RC directly if sponsor/spouse is a qualified person (ie already exercising treaty rights).

Get up to speed on free movement and treaty rights here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

[corvuscato]

Thanks, noajthan! My wife is very worried that my overstaying a UK visa will negatively impact our application for a RC. May I ask: is your opinion a professional one? A private one based on extensive experience dealing with the Home Office?

Cheers!

[noajthan]

Thanks, noajthan! My wife is very worried that my overstaying a UK visa will negatively impact our application for a RC. May I ask: is your opinion a professional one? A private one based on extensive experience dealing with the Home Office?

Cheers!

Based on internal HO guidance.

If not recognised under EU regs you will fall back to UK regs. But adverse UK immigration history should not impact RC.

And married couples have much better chance than EFM partners.

If you want 'insurance' then go abroad then come back on FP which will cover you for 6 months.

[Richard W]

... and you do have a 3 months grace period under EU law before wife has to knuckle down and get back to real work.

Wouldn't this have to be taken abroad to avoid resetting her PR clock? The wife was working in the UK at the time of the marriage. (If she already has PR, she could just send the OP out to work.)

[Richard W]

If you want 'insurance' then go abroad then come back on FP which will cover you for 6 months.

How do you, Noajthan, rate the OP's chances of getting an EEA Regulations stamp via a day trip to Calais with his wife? (The transposed borders are not an issue in the OP's case - any foreign, so not Irish, destination would do.) That is cheaper and quicker than getting a family permit.

[noajthan]

As already intimated, a grace period is not useful if sponsor is working; now I'm on large screen I see sponsor is already settled into UK ways so no need for grace.

Suggest shoot for the optional and purely confirmatory RC directly if sponsor/spouse is a qualified person (ie already exercising treaty rights).

I'm not a fan of 'visa runs' and don't have experience in a European context (but warstories from Asia, back in the day, that could make your hair curl).

I could imagine caseworkers' pulses quickening and their spidey senses tingling, as well as a whole bunch of bells and whistles going off in the servant's quarters deep in the bowels of HO HQ, if someone, who married jut 3 days before expiry of a UK visa, then shot off to Calais for a day trip cum visa run.

Family permits are free so cost is not a factor.
Insurance plan only mentioned, in interest of due care and diligence, in case OP is super risk-averse.

If no cause for HO to suspect a marriage of convenience (and burden of proof is on HO) then staying in UK should be perfectly fine.

I don't have skin in the game but (if I hadn't seen this off at the pass and married earlier) that's what I would do in such circumstances;
ie shoot for RC directly.

[Richard W]

Family permits are free so cost is not a factor.

Are you, Noajthan, not in the habit of considering the cost of 'free' offers? I was thinking of costs such as accommodation while waiting for a decision.

[noajthan]

Family permits are free so cost is not a factor.

Are you, Noajthan, not in the habit of considering the cost of 'free' offers? I was thinking of costs such as accommodation while waiting for a decision.

Irrelevant. Financial factors are not the decising factor here.

I would have factored in the opportunity cost of not sorting this out and/or marrying earlier.

[noajthan]

Family permits are free so cost is not a factor.

Are you, Noajthan, not in the habit of considering the cost of 'free' offers? I was thinking of costs such as accommodation while waiting for a decision.

Irrelevant. Financial factors are not the deciding factor here.
And this is all about OP not your response to anyone's suggestions for OP.

I would have factored in the opportunity cost of not sorting this out and/or marrying earlier.