arriving to the UK with Entry clearance

[Finn]

Hi there,

Here's our situation, I'm EU citizen and my husband is South African. We are currently still in South Africa, and have just received his passport back with the UK Entry clearance (we applied for the EEA family permit).

We are planning on moving to the UK beginning of July, but his entry clearance started already a couple of day ago, which means it will expire beginning of October. Does this mean that we have to apply for the "residence card/EEA2 form" before it expires? but does it matter whether he's entry clearence expires before he receives the residence card?

Another question, we would obviously like to apply for the Residence card as soon as we arrive to the UK(so that we would get it asap), but neither one of us has a job when we get there, so is is recommended to only apply for it once we have employement? What if only my husband(non Eu citizen) has employement and I don't when we apply?

Thank you so much for any help, much appreaciated!

Anna

[Ben]

Hi Huckleberry.

We are planning on moving to the UK beginning of July, but his entry clearance started already a couple of day ago, which means it will expire beginning of October. Does this mean that we have to apply for the "residence card/EEA2 form" before it expires? but does it matter whether he's entry clearence expires before he receives the residence card?

Once in the UK, application for a Residence Card is optional. It can be applied for on day one, on day 1643, or not at all.

Another question, we would obviously like to apply for the Residence card as soon as we arrive to the UK(so that we would get it asap), but neither one of us has a job when we get there, so is is recommended to only apply for it once we have employement? What if only my husband(non Eu citizen) has employement and I don't when we apply?

If a Residence Card is applied for within three months of entry, the EEA national is not required to be exercising a Treaty right. If a Residence Card is applied for after three months of entry, the EEA national must be either employed, self-employed, engaged in a course of study or economically self-sufficient. If the money gained from the employment of a non-EEA national family member of the EEA national is sufficient to support the couple / resident family unit, and if comprehensive sickness insurance cover is held by the couple / resident family members, the EEA national falls in to the economically self-sufficient category.

[Finn]

Hi Ben,

thanks so much for the quick reply.

I'm even more confused now though...

I thought that people with Entry clearance(EEA family permit) need to get the residence card to extend their stay in the UK? because this entry clearence my husband has now is only valid for 6 months, what must he do then?

Also when I was reading the thread about people applying for this Residence card(EEA2 form), it sounds like they could even deny the application etc. But you wrote

"If a Residence Card is applied for within three months of entry, the EEA national is not required to be exercising a Treaty right. "

So if we were to apply for the residence card within the first 3 months of our arrival to the UK, it wouldn't be a problem if I (Eu national) don't have a job?

Thanks again

-Anna

[Ben]

I thought that people with Entry clearance(EEA family permit) need to get the residence card to extend their stay in the UK?

Absolutely not. Lawful residence is not dependant on the issuance of a document by the UK authorities.

because this entry clearence my husband has now is only valid for 6 months, what must he do then?

Once in the UK, he may do nothing, or he may apply for a Residence Card.

Also when I was reading the thread about people applying for this Residence card(EEA2 form), it sounds like they could even deny the application etc.

An application for a Residence Card can and should be refused if the conditions are not met by the applicant.

But you wrote

"If a Residence Card is applied for within three months of entry, the EEA national is not required to be exercising a Treaty right. "

So if we were to apply for the residence card within the first 3 months of our arrival to the UK, it wouldn't be a problem if I (Eu national) don't have a job?

No it would not. However, applications take six months to process. Towards the end of the six months, when the Residence Card is about to be issued, the UKBA will write to the applicant for evidence of the EEA nationals activities in the UK. By that time, of course, the initial three months are up and the EEA national is required to be either employed, self-employed, engaged in a course of study or economically self-sufficient.

[Finn]

Thanks Ben, that makes sense. However in order to be able to travel in and out of the UK one must have a valid permit/visa, such as Residence card I suppose...So my husband must apply for one when we're there.

What about the Registraction certificate for me(EU citizen), i know it's not compulsory to get, but does it help the EEA2 application process somehow?

thanks for your help Ben, much appreaciated.

Anna

[Finn]

Forgot to say that initially I was just concerned that what if I'm not employed but my husband is employed at the time when we apply for the EEA2, that would we have to have huge funds to show that we can support us, but now that's clarified when u said they will contact us again closer to the time of issuing the Residence card, and I'm sure by that time I will also be employed.

If this is the case when we apply (My husband is employed, but I (EU citizen) am not employed at the time sending the application (EEA2)), then must we show them we have enough funds? and must we have private medical cover?

thanks a million!

Anna

[Finn]

Oh another thing, sorry...

Is it correct that as long as my husband has applied for EEA2 before his Entry clearance is expired its legal/fine?

Just a little concerned about that as we didn't realise that the start date of the Entry clearance is when u applied for it, not the date of the flight, we were told to give them our flight itineary and that the visa would start from that date, but now we got it back and it has started already a couple of days ago, meaning that once we get to the UK my husband's entry clearance will only be valid for 3months.

Thanks!

[John]

Is it correct that as long as my husband has applied for EEA2 before his Entry clearance is expired its legal/fine?

As Ben has already posted, it is not compulsory that your husband applies for a Residence Card .... ever! His right to stay in the UK arises under EU/EEA legislation, and because you will be in the UK exercising Treaty Rights.

However I think what Ben has posted is not quite all the story! That is, it is one thing your husband having Treaty Rights .... it is quite another thing proving that he has those Treaty Rights. Accordingly, after arrival in the UK, and after it is clear that you are exercising Treaty Rights in the UK, it is recommended that your husband does indeed use form EEA2 to obtain a Residence Card. If he does not do that he will encounter ongoing problems, for example, proving that he has the right to work in the UK.