Youth mobility visa to EEA extended family overstaying?

[maxdemian86]

Hey guys,

We finally received the Residence Card for my non EEA unmarried partner (EFM) and Registration Certificate for me (EEA QP). We feel very glad and lucky.

If anyone needs it, I will repost our updated timeline:
January 3rd - Applications for EEA (EFM) and EEA (QP) sent in the same envelop via Royal Mail Special Delivery (along with an additional pre-paid envelop)
January 4th - Applications reached Home Office
January 8th - Money taken for both applications (debit card)
January 9th - Received confirmation email for both applications
January 11th - Received biometrics letter and COA with no right to work (letter dated January 8th)
January 12th - Biometrics submitted
March 5th - Residence Card and Registration Certificate issued
March 9th - Residence Card and Registration Certificate received

Thank you for your important support, it wouldn't have been as fast without you guys.
Good luck with your applications!

[_hmld_]

Hi Eliza, yes my employer did get a reply within 5 working days. I didn't show my first COA and I also didn't tell them I couldn't work. I just told them to do the check. When I finally received the second COA I then did show it to them.

Hi Lily,

Thank you for sharing your story. You have a very similar case to ours. I'm an EU Citizen (Italy) in a durable relationship with my Taiwanese partner (unmarried). We have been in a relationship for more than 2 years and half now and lived together in the UK for almost 2 years (it will be exactly 2 years on the 4th of February 2018 when she moved to London to work with her Tier 5 Youth Mobility Visa). In the application we have provided all the evidences from multiple sources, in original copies.

At the beginning of January we applied for both EEA (QP) and EEA (EFM). My partner received a COA without right to work. Her Tier 5 Visa is going to expire on January 27th and her employer is asking if she still has right to work ask they would like to keep her. The situation is getting quite critical.

Can the Employer Checking Service online form confirm to her employer her right to keep working? Is this the correct link (https://www.gov.uk/employee-immigration ... ent-status) to the ECS that was used in your case?
At this link there are few options under the question "Does this person have any one of the following?":
- an ongoing application or appeal for leave to remain in the UK
- an application for no time limit to be added to a new passport by someone who already has indefinite leave to enter or remain in the UK
- an application for transferring a current visa into a new passport / Biometric Residence Permit (BRP)
- an application for a replacement BRP
- a Certificate of Application issued to a family member of an EEA national stating that the holder is allowed to work
- an Application Registration Card (ARC) for an asylum seeker stating that the holder is allowed to work
- none of the above

None of them seem to apply to our case but if you select "none of the above" (and you are not a refugee looking for settlement) the system says: "You cannot request a Home Office right to work check".
Which one of the options above has been selected by your employer to go forward with the check and to receive Positive Confirmation of right to work?
The only suitable option, at least that allows to submit the ECS form, seems to be "an ongoing application or appeal for leave to remain in the UK", even though I'm not sure it's really accurate.

I hope we will be able sort out this tricky situation soon.

Thank you in advance!

ps. Hope our timeline will be of help for someone:
January 3rd - Applications for EEA (EFM) and EEA (QP) sent in the same envelop via Royal Mail Special Delivery (along with an additional pre-paid envelop)
January 4th - Applications reached Home Office
January 8th - Money taken for both applications (debit card)
January 9th - Received confirmation email for both applications
January 11th - Received biometrics letter and COA with no right to work (letter dated January 8th)
January 12th - Biometrics submitted
??? - Received residence card

Hi maxdemian86,


Thanks for sharing your experience! And congrats for the RC!

I’m encountering a similar situation with yours, that my tier 5 visa will expire while the application of resident card as an unmarried partner is pending. ( that will be up to 5 months for me upon the visa expires, to be still staying in uk) Now I don’t know if I need to go back home or not. I have received mixed answers towards this, my immigration lawyer told me I need to leave uk even that application is pending but because I’m unmarried partner under Eu law so I am not permitted to stay. But the homeoffice EU line told me I can stay until I get my resident card, won’t be an overstayed. So my question is did you leave UK while your application is pending ( and tier 5 expires?) if not, how many days had you stay in uk after ur visa expired? Did u find out if it’s allowed at the end?

Your tips would be really helpful!

[secret.simon]

The Home Office helpline is outsourced to a third-party company and is often quite wrong. Your immigration lawyer is correct.

Your right to reside in the Uk would start either from the date of your marriage to an EEA Citizen or from the date of issue of the Residence Card, if an unmarried partner.

[_hmld_]

The Home Office helpline is outsourced to a third-party company and is often quite wrong. Your immigration lawyer is correct.

Your right to reside in the Uk would start either from the date of your marriage to an EEA Citizen or from the date of issue of the Residence Card, if an unmarried partner.

Thanks sceret Simon!
We now consider applying a family permit instead, do you know if i could apply a family permit outside uk while im still on my tier 5? Cant find any information about this online. The thought is i would apply a family permit outside uk before tier 5 expires, and worst case if the application is refused, i can still come back to uk.
Considering after tier 5 expires, its not easy to re-enter the uk again.

[maxdemian86]

Hi,

Sorry for my late reply, unfortunately I just saw this question (we may need some email notifications to help our peers timely). This answer comes probably too late for your case but it may help other people. I hope you managed to find a solution in the meanwhile.
Anyway, before the Tier 5 visa of my partner we've talked to the Home Office call centre and they told me that, as long as the application was pending, she could stay in the country. If you leave the country I guess it's hard then to re-enter with a pending application. Now, I'm not sure how reliable is the call center. Some people doubt about the official value of their answers, I would find absurd if their own official "customer" service was not to consider reliable.
What my partner did was staying in the UK until our application was accepted and she received the Residence Card (within 65 days from original application).

This forum has helped us a lot, especially when we had a lot of doubts. I'll always be grateful, thank you for your great work guys!

Hi Eliza, yes my employer did get a reply within 5 working days. I didn't show my first COA and I also didn't tell them I couldn't work. I just told them to do the check. When I finally received the second COA I then did show it to them.

Hi Lily,

Thank you for sharing your story. You have a very similar case to ours. I'm an EU Citizen (Italy) in a durable relationship with my Taiwanese partner (unmarried). We have been in a relationship for more than 2 years and half now and lived together in the UK for almost 2 years (it will be exactly 2 years on the 4th of February 2018 when she moved to London to work with her Tier 5 Youth Mobility Visa). In the application we have provided all the evidences from multiple sources, in original copies.

At the beginning of January we applied for both EEA (QP) and EEA (EFM). My partner received a COA without right to work. Her Tier 5 Visa is going to expire on January 27th and her employer is asking if she still has right to work ask they would like to keep her. The situation is getting quite critical.

Can the Employer Checking Service online form confirm to her employer her right to keep working? Is this the correct link (https://www.gov.uk/employee-immigration ... ent-status) to the ECS that was used in your case?
At this link there are few options under the question "Does this person have any one of the following?":
- an ongoing application or appeal for leave to remain in the UK
- an application for no time limit to be added to a new passport by someone who already has indefinite leave to enter or remain in the UK
- an application for transferring a current visa into a new passport / Biometric Residence Permit (BRP)
- an application for a replacement BRP
- a Certificate of Application issued to a family member of an EEA national stating that the holder is allowed to work
- an Application Registration Card (ARC) for an asylum seeker stating that the holder is allowed to work
- none of the above

None of them seem to apply to our case but if you select "none of the above" (and you are not a refugee looking for settlement) the system says: "You cannot request a Home Office right to work check".
Which one of the options above has been selected by your employer to go forward with the check and to receive Positive Confirmation of right to work?
The only suitable option, at least that allows to submit the ECS form, seems to be "an ongoing application or appeal for leave to remain in the UK", even though I'm not sure it's really accurate.

I hope we will be able sort out this tricky situation soon.

Thank you in advance!

ps. Hope our timeline will be of help for someone:
January 3rd - Applications for EEA (EFM) and EEA (QP) sent in the same envelop via Royal Mail Special Delivery (along with an additional pre-paid envelop)
January 4th - Applications reached Home Office
January 8th - Money taken for both applications (debit card)
January 9th - Received confirmation email for both applications
January 11th - Received biometrics letter and COA with no right to work (letter dated January 8th)
January 12th - Biometrics submitted
??? - Received residence card

Hi maxdemian86,


Thanks for sharing your experience! And congrats for the RC!

I’m encountering a similar situation with yours, that my tier 5 visa will expire while the application of resident card as an unmarried partner is pending. ( that will be up to 5 months for me upon the visa expires, to be still staying in uk) Now I don’t know if I need to go back home or not. I have received mixed answers towards this, my immigration lawyer told me I need to leave uk even that application is pending but because I’m unmarried partner under Eu law so I am not permitted to stay. But the homeoffice EU line told me I can stay until I get my resident card, won’t be an overstayed. So my question is did you leave UK while your application is pending ( and tier 5 expires?) if not, how many days had you stay in uk after ur visa expired? Did u find out if it’s allowed at the end?

Your tips would be really helpful!

[aerielhart]

This thread has been SO helpful!

I am in exactly the same situation, this is my second application for Residence card, as the first one was refused because when my boyfriend and I first moved to London we had a flatmate, even though we have been living together for nearly 3 years in London and in Canada...

Had to re-apply with an actual mountain of paperwork and a letter from our old flatmate saying that we were a couple while we lived with her, but my Tier 5 is expiring at the beginning of August, and if all goes well, I won't hear back about my residence card until end August/September. My work is being really supportive and promised to not replace me in my role until I hear back, but it means I just have to wait around and can't leave the country until I find out. I was kind of worried that it would look like I was an overstayer, but this thread has made me feel better!

Question, has anyone who has gone through this, received their residence card but technically overstayed their Tier 5, ever had any issues coming and going?

[maxdemian86]

Hi Richard,

Thank you for your contribution. I think your conversation with Claire is more about EEA family member (spouse) residence card, while this thread is about EEA extended family (unmarried partner in a durable relationship).
Moderators should probably move your discussion under a different thread in order to avoid any confusion for readers. EEA extended family is a very specific case.

Just a suggestion to the moderators

I'm a qualified EEA citizen (french) exercising my EU treaty rights in the UK. My husband (new Zealander) and I got married on the 1st of May. His youth mobility visa expired on the 5th of May.
We were going to apply for his residency card but I had to take a very important work trip on the 10th of May and couldn't send my passport for the application.

We checked with his HR at work and we've been told that they were happy to wait until the end of the month for us to apply.

We have now been told that hes was staying in the country illegally and that he couldn't work or stay in the UK as his visa expired.

Is it correct? Is he overstaying?

He's perfectly legal. The reason is that your husband has a *right* of residence. Durable partners have to apply for permission; once granted, they are then to be treated as core family members.

He was going to visit his brother to canada next week. Would it be better for him to leave tomorrow and apply for an EEA family permit from Canada?

It depends on timing and nervousness. He can fly back to the UK like a tourist and declare that he is residing as a family member of an EEA national when he reaches immigration at the airport. I recommend that you meet him at the airport and carry evidence of your employment. He should have a marriage certificate with him, though you could take it to the airport. He may be delayed at the airport until your status has been verified.

[CR001]

Hi Richard,

Thank you for your contribution. I think your conversation with Claire is more about EEA family member (spouse) residence card, while this thread is about EEA extended family (unmarried partner in a durable relationship).
Moderators should probably move your discussion under a different thread in order to avoid any confusion for readers. EEA extended family is a very specific case.

Just a suggestion to the moderators

I'm a qualified EEA citizen (french) exercising my EU treaty rights in the UK. My husband (new Zealander) and I got married on the 1st of May. His youth mobility visa expired on the 5th of May.
We were going to apply for his residency card but I had to take a very important work trip on the 10th of May and couldn't send my passport for the application.

We checked with his HR at work and we've been told that they were happy to wait until the end of the month for us to apply.

We have now been told that hes was staying in the country illegally and that he couldn't work or stay in the UK as his visa expired.

Is it correct? Is he overstaying?

He's perfectly legal. The reason is that your husband has a *right* of residence. Durable partners have to apply for permission; once granted, they are then to be treated as core family members.

He was going to visit his brother to canada next week. Would it be better for him to leave tomorrow and apply for an EEA family permit from Canada?

It depends on timing and nervousness. He can fly back to the UK like a tourist and declare that he is residing as a family member of an EEA national when he reaches immigration at the airport. I recommend that you meet him at the airport and carry evidence of your employment. He should have a marriage certificate with him, though you could take it to the airport. He may be delayed at the airport until your status has been verified.

Topic split to its own thread due to differing rules for EFM and FM.

eea-route-applications/youth-mobility-v ... l#p1652246

[maxdemian86]

Great job, always perfect!

Hi Richard,

Thank you for your contribution. I think your conversation with Claire is more about EEA family member (spouse) residence card, while this thread is about EEA extended family (unmarried partner in a durable relationship).
Moderators should probably move your discussion under a different thread in order to avoid any confusion for readers. EEA extended family is a very specific case.

Just a suggestion to the moderators

I'm a qualified EEA citizen (french) exercising my EU treaty rights in the UK. My husband (new Zealander) and I got married on the 1st of May. His youth mobility visa expired on the 5th of May.
We were going to apply for his residency card but I had to take a very important work trip on the 10th of May and couldn't send my passport for the application.

We checked with his HR at work and we've been told that they were happy to wait until the end of the month for us to apply.

We have now been told that hes was staying in the country illegally and that he couldn't work or stay in the UK as his visa expired.

Is it correct? Is he overstaying?

He's perfectly legal. The reason is that your husband has a *right* of residence. Durable partners have to apply for permission; once granted, they are then to be treated as core family members.

He was going to visit his brother to canada next week. Would it be better for him to leave tomorrow and apply for an EEA family permit from Canada?

It depends on timing and nervousness. He can fly back to the UK like a tourist and declare that he is residing as a family member of an EEA national when he reaches immigration at the airport. I recommend that you meet him at the airport and carry evidence of your employment. He should have a marriage certificate with him, though you could take it to the airport. He may be delayed at the airport until your status has been verified.

Topic split to its own thread due to differing rules for EFM and FM.

eea-route-applications/youth-mobility-v ... l#p1652246