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Time lacking to apply for a RC ???

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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lontana
Newly Registered
Posts: 6
Joined: Mon Jun 27, 2016 6:17 pm

Time lacking to apply for a RC ???

Post by lontana » Fri Nov 18, 2016 4:04 am

Hello all,

As my spouse (non-eea) got eea fp and we were about to travel to UK, misfortune struck which delayed our trip.

his visa will expire on 27/01 and therefor my question would be ; do we have enough time to travel to UK, to apply for RC as we have not yet a place to live and no job.

Thank you very much.

ohara
Diamond Member
Posts: 1826
Joined: Fri Jan 27, 2012 7:00 pm
Location: hiding in a badger sett
United Kingdom

Re: Time lacking to apply for a RC ???

Post by ohara » Fri Nov 18, 2016 7:31 am

Which visa does he have? What exactly is your question?

If your FP runs out before you have used it, just apply for another one.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Time lacking to apply for a RC ???

Post by noajthan » Fri Nov 18, 2016 9:02 am

lontana wrote:Hello all,

As my spouse (non-eea) got eea fp and we were about to travel to UK, misfortune struck which delayed our trip.

his visa will expire on 27/01 and therefor my question would be ; do we have enough time to travel to UK, to apply for RC as we have not yet a place to live and no job.

Thank you very much.
You have 3 months grace period once you arrive in UK.
And RC is optional anyway.

PS Bring a jacket - its chilly now.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

ijjlian
Junior Member
Posts: 60
Joined: Thu Nov 10, 2016 7:30 pm

Re: Time lacking to apply for a RC ???

Post by ijjlian » Fri Nov 18, 2016 1:08 pm

Two impediments to RC being optional:

1. Athough according to my experience the partner will not be able to get a job before applying for an RC even though it is optional. Does anyone else have a different experience?

You can renew your FP before it expires (provided that you have time to wait for processing of the new FP) I did that before I came to the UK as I had only one month left on it.

If your partner does not intend to work at the beginning, you do not have any issues, and can come and apply later. However see second point below, which can cause a big headache.

2. As of Feb 2016 the housing agents have to check whether your partner has a valid visa (google: Right to Rent). I had the experience that agents are not informed about the EEA spouse status. I and my husband had big problems with our agent. Almost impossible to resolve.
I do not know if there is a way to circumvent this issue.

Overall, renewal of the FP would help you avoid a lot of unforeseen issues. If you have time I strongly recommend this approach.

lontana
Newly Registered
Posts: 6
Joined: Mon Jun 27, 2016 6:17 pm

Re: Time lacking to apply for a RC ???

Post by lontana » Fri Nov 18, 2016 4:59 pm

ohara wrote:Which visa does he have? What exactly is your question?

If your FP runs out before you have used it, just apply for another one.
I meant EEA FP. thanks for your advice

lontana
Newly Registered
Posts: 6
Joined: Mon Jun 27, 2016 6:17 pm

Re: Time lacking to apply for a RC ???

Post by lontana » Fri Nov 18, 2016 5:07 pm

noajthan wrote:
lontana wrote:Hello all,

As my spouse (non-eea) got eea fp and we were about to travel to UK, misfortune struck which delayed our trip.

his visa will expire on 27/01 and therefor my question would be ; do we have enough time to travel to UK, to apply for RC as we have not yet a place to live and no job.

Thank you very much.
You have 3 months grace period once you arrive in UK.
And RC is optional anyway.

PS Bring a jacket - its chilly now.
correct me if i am wrong,grace period means that my husband can stay (legally) in the UK up to3 months after his FM expired

thank you for the tip :)

ijjlian wrote:Two impediments to RC being optional:

1. Athough according to my experience the partner will not be able to get a job before applying for an RC even though it is optional. Does anyone else have a different experience?

You can renew your FP before it expires (provided that you have time to wait for processing of the new FP) I did that before I came to the UK as I had only one month left on it.

If your partner does not intend to work at the beginning, you do not have any issues, and can come and apply later. However see second point below, which can cause a big headache.

2. As of Feb 2016 the housing agents have to check whether your partner has a valid visa (google: Right to Rent). I had the experience that agents are not informed about the EEA spouse status. I and my husband had big problems with our agent. Almost impossible to resolve.
I do not know if there is a way to circumvent this issue.

Overall, renewal of the FP would help you avoid a lot of unforeseen issues. If you have time I strongly recommend this approach.
thank you very much ijjlian for bringing up point number 2, and there for i will go by
your proposition

thanks all of you...and thank you immigrationboards

lontana
Newly Registered
Posts: 6
Joined: Mon Jun 27, 2016 6:17 pm

Re: Time lacking to apply for a RC ???

Post by lontana » Fri Nov 18, 2016 5:13 pm

Tips. not tip sorry :oops:

ijjlian
Junior Member
Posts: 60
Joined: Thu Nov 10, 2016 7:30 pm

Re: Time lacking to apply for a RC ???

Post by ijjlian » Fri Nov 18, 2016 5:17 pm

There is no time limit for your spouse to stay in UK after the expiry. She does not have to apply for RC. However it is advisable to apply asap due to potential issues that might come up: the most challenging being travelling abroad.

In case anyone tries to detain your spouse, she needs to tell that she is married to an EEA national and the authorities have to make all checks. They cannot deport your spouse as long as you two are in a genuine relationship and have evidence.

This is my understanding so far bein a non-EU spouse myself. I am not a lawyer though.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Time lacking to apply for a RC ???

Post by noajthan » Fri Nov 18, 2016 5:31 pm

lontana wrote:
noajthan wrote:
lontana wrote:Hello all,

As my spouse (non-eea) got eea fp and we were about to travel to UK, misfortune struck which delayed our trip.

his visa will expire on 27/01 and therefor my question would be ; do we have enough time to travel to UK, to apply for RC as we have not yet a place to live and no job.

Thank you very much.
You have 3 months grace period once you arrive in UK.
And RC is optional anyway.

PS Bring a jacket - its chilly now.
correct me if i am wrong,grace period means that my husband can stay (legally) in the UK up to3 months after his FM expired

thank you for the tip :)
No, you and spouse do not have to do anything in UK for first 3 months.
After 3 months the EEA citizen (sponsor) needs to be exercising treaty rights (eg by working).

Get up to speed on free movement here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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