# overstay after EEA family permit end - please helpe me!



## calabresi (Oct 23, 2012)

Hello,

I am currently living in UK with my european husband under an EEA family permit, which is about to expire in 30th november. However we have his graduation party at 13th december and I would need to overstay after this visa expires for this 14 days period.

After that we are moving to Vienna for 4 months (work -self employment) and then probably will go back to UK for another 6 months period. While in Vienna I intend to apply for another EEA family permit.

Here follow my questions:

1. If I overstay those 14 days, let's say 15, after my EEA family permit expires does it disturb my future applications for another EEA family permit or other kind of visa? Can it be refused just because of this 15 days overstay?

2. Do I have to show a minimum amount of money in my bank account for a second EEA family permit? How much is it (considering it's valid only for 6 months)?

3. Can I apply from a second EEA family permit in Vienna 1 month after the first one expired? Is it a legal thing to do (applying for a second EEA family permit)?

Please, if anyone can help me with these questions I would appreciate a lot. 
Thank you very much indeed.


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## Jrge (Mar 22, 2011)

Hi,


calabresi said:


> Hello,
> 
> I am currently living in UK with my european husband under an EEA family permit, which is about to expire in 30th november. However we have his graduation party at 13th december and I would need to overstay after this visa expires for this 14 days period.
> 
> ...


Under EU Regulations there isn't such a thing as "overstay".



calabresi said:


> 2. Do I have to show a minimum amount of money in my bank account for a second EEA family permit? How much is it (considering it's valid only for 6 months)?


No, you don't have to.



calabresi said:


> 3. Can I apply from a second EEA family permit in Vienna 1 month after the first one expired? Is it a legal thing to do (applying for a second EEA family permit)?
> 
> Please, if anyone can help me with these questions I would appreciate a lot.
> Thank you very much indeed.


Yes, actually you can apply for it even before the current EEA - Family Permit expires.

Animo
(Cheers)


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## calabresi (Oct 23, 2012)

Hi, thank you for your answer.
I believe in theory you are right, but UKBA may choose not to follow the EU rules. There's a footnote at the UKBA website about a new statement publihed in July 2012 about that. But it's not clear if a 15 days overstay would compromize my following applications. Do you believe that if I stay ust those 15 days, I''still be covered by the NHS as a EEA family permit?


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## Jrge (Mar 22, 2011)

Hi,


calabresi said:


> Hi, thank you for your answer.
> I believe in theory you are right, but UKBA may choose not to follow the EU rules. There's a footnote at the UKBA website about a new statement publihed in July 2012 about that. But it's not clear if a 15 days overstay would compromize my following applications. Do you believe that if I stay ust those 15 days, I''still be covered by the NHS as a EEA family permit?


I am right not only in theory, but also in implementation. The only cases where UKBA applies UK immigration procedures is when applicants aren't married, or when application is in direct violation of EU regulations. 

If your EU spouse is a worker, you will still be covered by NHS. In other situations (student, self-sufficient) you will need to obtain Comprehensive Sickness Insurance (CSI)

Animo
(Cheers)


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## calabresi (Oct 23, 2012)

Ok, thank you very much for your help


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