EEA family members expired visa

[Maiii]

Hi,
I'm desperately trying to find some information and miserably failing. If I could please get some answers it would be very much appreciated.
The situation is: I'm an EEA national, my husband however is not, we got married in 2011 (in U.K.) and he had a EEA family member permit. This permit has now expired 2 months ago and as far as I can see he has done little in regards of renewing it or replacing it. As I understand the next step would have/is to apply for a permanent residency card. However as he hasn't done so and his visa expired 2 months ago does it mean he is now living and working in the U.K. Illegally? Does it mean that if he now applies for the prc will it be declined as he didn't apply for it within the timelines? Is there a risk that he might get deported? Please help.

[MakingItWork]

Form the gov.uk website

"Stay after your EEA family permit expires
You can stay in the UK after your permit expires if you:

are the family member of an EEA national - see if you’re eligible
qualify for a ‘Surinder Singh’ application
have a retained right of residence
have a derivative right of residence
You can apply for a residence card card or derivative residence card to confirm your right of residence. You don’t have to apply but it will make it easier to prove your right to live and work in the UK."

Hope that helps.

[bathanza]

Hi there, as long as he has stayed the full 5 years with you and you have exercised your treaty rights, he has automatic residents rights. You can apply for EEA PR which will certify the rights for him to stay which in turn, you use for nationality. So it depends on what he wants to do, to be Non-EEA or go for british citzenship. Check the EEA forum for more detail.

[GMB]

A little clarification on terminology, because it does matter here:
- If what he applied for back in 2011 expired just a few months ago, then that was an EEA Residence Card (issued for five years) not an EEA Family Permit (good for 6 months).
- Neither of these things are visas. Visas give you rights and when they expire you don't have those rights anymore. As an EEA family member he derives his rights automatically from you, not from the card. So the fact it has expired is meaningless. He still has all the same rights to live and work in the UK, he just doesn't have the card that acts as evidence of this.

He is 100% legal in the UK. Even the Home Office says in various places that no EEA family member is required to have any documentation, so they can't penalize him if the document he doesn't have to have is now expired. He can apply for the Permanent Residence Card any time he wants, and the gap is not an issue. But I'd do it sooner rather than later, as his employer may start to get uncomfortable if they learn his EEA RC has expired.