# EEA2 with expired Family Permit



## EFAnne (Oct 13, 2012)

Hello, 

I am an American married to a Frenchman, and we have just relocated to London. My husband is a French trained doctor and he needs to undertake 6 months of professional training to practice in the UK. 

I entered on an EEA family permit which will expire the first week of Feb. My husband is preparing for the entrance exam to the GP program which takes place just after the expiration of my family permit. 

Can I apply to EEA with an expired EEA family permit? Does it remain valid indefinitely, as long as I entered within the 6 month time period, or will I no longer be eligible for EEA2 once it has expired? 

I am debating between applying right away and explaining that my husband is preparing for mandatory professional development, and providing the proof that he is a registered GP with the UK Medical council and showing information regarding the GP induction program that he will be taking. Or, waiting until he gets an official letter from the London Deanery stating that he has been officially accepted, but we won't have that letter until after the expiration of my family permit.

I know I could get another family permit, but I will be starting some Locum work, and it will be difficult for me to go back to France and wait on another family permit.

Thanks!


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## Jrge (Mar 22, 2011)

Hi,


EFAnne said:


> Hello,
> 
> I am an American married to a Frenchman, and we have just relocated to London. My husband is a French trained doctor and he needs to undertake 6 months of professional training to practice in the UK.
> 
> ...


Options:

1) If he can work part-time (15 hrs/week), will suffice to apply as a worker
2) he can "sponsor" you as a jobseeker
3) If you all have the funds, then apply as self-sufficient
4) If he will be an student then, he can also "sponsor" you as an such.

Whilst it makes your life a bit "easier", you don't have/need to apply for your Residence Card by using form EEA2

Animo
(Cheers)


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## EFAnne (Oct 13, 2012)

Jrge said:


> Hi,
> 
> Options:
> 
> ...


Thanks Jrge, 

I am avoiding applying for EEA2 under my husband being my self- sufficient sponsor because I will need to provide proof of health insurance. I am also not sure what amount of money they want to see to prove self-sufficiency. I think we could easily provide proof that my husband is a jobseeker undergoing professional development (which is considered practicing treaty rights), but a few people have told me that there are extremely high refusal rates of EEA2, and if it is not something 'clear cut' as him being a worker, we have a higher chance of being rejected (I am not sure how accurate this is). 

I know I don't need EEA2, thanks for the reminder, it is nice when other people recognize this as well  I am interviewing for locum work on my family permit, and so far no one has seemed too concerned that I don't have a resident card, but we will see once I get farther in the hiring process. I am kind of just keeping my fingers crossed that HR has a good understanding of my immigration status. So, EEA2 is my plan B if it turns out no one wants to hire me with just my EEA family permit. (Although even if I do get hired, I will probably apply for EEA2 eventually to make life easier). 

I reviewed the EEA2 application and there is no requirement to even have an EEA family permit. For some reason, I thought this was a prerequisite for EEA2, but it looks like I was mistaken about that. So I am somewhat unclear on what the point of the EEA family permit is. I guess it shows that I am married to an EU member, and entered legally with him, but is seems that there is such a poor understanding of this document, that the EEA family permit in itself it may not be sufficient evidence to employers.


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## Joppa (Sep 7, 2009)

The fact is, employers have been told to check applicant's immigration document carefully, as a fine of up to £10,000 may be levied for hiring illegals, plus adverse publicity that will generate. While under EU law, no family permit or residence card is legally required, it will be very difficult to convince employers (and often border officials) that you have right of residence and work under European law.


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## Jrge (Mar 22, 2011)

Hi,


EFAnne said:


> Thanks Jrge,
> 
> I am avoiding applying for EEA2 under my husband being my self- sufficient sponsor because I will need to provide proof of health insurance. I am also not sure what amount of money they want to see to prove self-sufficiency. I think we could easily provide proof that my husband is a jobseeker undergoing professional development (which is considered practicing treaty rights), but a few people have told me that there are *extremely high refusal rates of EEA2*, and if it is not something 'clear cut' as him being a worker, we have a higher chance of being rejected (I am not sure how accurate this is).


I will respectfully disagree with this statement. Only those applications with doubtful supporting documents might be rejected.



EFAnne said:


> I know I don't need EEA2, thanks for the reminder, it is nice when *other people recognize this* as well  I am interviewing for locum work on my family permit, and so far no one has seemed too concerned that I don't have a resident card, but we will see once I get farther in the hiring process. I am kind of just keeping my fingers crossed that HR has a good understanding of my immigration status. So, EEA2 is my plan B if it turns out no one wants to hire me with just my EEA family permit. (Although even if I do get hired, I will probably apply for EEA2 eventually to make life easier).


Applying for the RC should be your plan A. Remember: it could take up to 6 months for it to be processed and dealt with, and it's not what you do, but how your spouse is exercising treaty rights. 



EFAnne said:


> I reviewed the EEA2 application and there is no requirement to even have an EEA family permit. For some reason, I thought this was a prerequisite for EEA2, but it looks like I was mistaken about that. So I am somewhat unclear on what the point of the EEA family permit is. I guess it shows that I am married to an EU member, and entered legally with him, but is seems that there is such a poor understanding of this document, that the EEA family permit in itself it may not be sufficient evidence to employers.


The point of the EEA-Family Permit is to have an entry clearance. Again, it confers non EU nationals the same rights to live and work in the UK or the European Union, EU nationals have.

I am a bit shocked by your statement in regards of the EEA- Family Permit. I just came back from London, where we held an audit on 850 of our vendors/contractors/suppliers; and each one of them have an excellent understanding of the EU regulations and it's implementation. Like Joppa said, they(we) are subject to a £10k fine and bad publicity, hence the need to have proper documentation of everything.

Animo
(Cheers)


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## EFAnne (Oct 13, 2012)

Thank you for your thorough response. I am happy to know that your vendors have an excellent understanding of the EU regulations. I did not mean to imply that companies are not well-informed on this, as I am sure that many companies are well versed. In my personal experience, I have had a number of HR offices and recruitment agencies calling me and asking me about my family permit, as it does not explicitly state that I have the right to work, and if that right continues past the expiration date. I have referred them to the UKBA employer hotline, but they seem turned off by this. 

I understand that companies face a hefty fine for employing individuals without proper documentation, my question is, is the EEA family permit considered to be proper documentation? And how can one prove their ability to work beyond its expiry date? I understand the EEA2 does this, but is this the only document that is considered 'proper documentation' and thus we need to wait for the COA?


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## Jrge (Mar 22, 2011)

Hi,


EFAnne said:


> Thank you for your thorough response. I am happy to know that your vendors have an excellent understanding of the EU regulations. I did not mean to imply that companies are not well-informed on this, as I am sure that many companies are well versed. In my personal experience, I have had a number of HR offices and recruitment agencies calling me and asking me about my family permit, as it does not explicitly state that I have the right to work, and if that right continues past the expiration date. I have referred them to the UKBA employer hotline, but they seem turned off by this.


The EEA-Family Permit becomes an extension of your husband's rights, and that is what you kindly and politely should mention. However, I still suggest you make obtaining your RC plan A, it will "eliminate" some of the burden especially if you intent to work in the medical field. The fact that you are being contacted, means that you have an edge, but competition is fierce. 



EFAnne said:


> I understand that companies face a hefty fine for employing individuals without proper documentation, my question is, is the EEA family permit considered to be proper documentation? And how can one prove their ability to work beyond its expiry date? I understand the EEA2 does this, but is this the only document that is considered 'proper documentation' and thus we need to wait for the COA?


The EEA Family Permit is more than proper documentation, and this is how you prove it: Do I need to apply?. 

However, it is up to you to be "attractive" to those potential employers.

Animo
(Cheers)


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