# EEA Family Permit Expired, application for Residency Card denied - what next?



## comma (Feb 23, 2014)

Hello,

I am a dual American/Italian citizen and moved to the UK w/my husband 6 months ago (September 2013). I am a business professional currently looking for work and my husband is employed by his US company. My husband is waiting for his Italian citizenship (should be another 2-3 months) and arrived in the UK on an EEA Family Permit 6 months ago. We submitted an application for a Residence Card based on my being a jobseeker and were denied yesterday. 

We are trying to figure out the next steps and would like some advice. My husband travels back and forth to the US for business and was given trouble when arriving back in the UK last week because the boarder patrol could see that his application was denied (happened the day he landed, what luck) however we had not been notified at the time.

Since his EEA FP is now expired and he was denied a residency card based on my being a jobseeker, we are trying to figure out the next steps to allow him to stay (and be able to exit/enter the UK) for the next 2-3 months while we wait for him to get his Italian passport.

1. Since his EEA FP has expired, can he now just exit and enter the UK on a tourist visa? 

2. We were considering applying for another EEA FP since he will have to travel back to the US again next month (can only apply for an EEA FP from outside the UK), but wonder if he will be denied another EEA FP because they will ask if he has ever been denied a visa by the UK before.

3. He has to travel back to the US next month. Could I travel w/him and will he be able to re-enter if we travel together? Knowing that he previously had an EEA FP and was denied a residence card - will boarder patrol let him in?

4. From what I've read, an appeal of the HO decision doesn't seem like the best option and suggestions previously indicate that we should just re-apply and supply MORE info of my being a jobseeker than we gave before. 

I am not able to register as a jobseeker because I haven't actually worked here in the UK before. I am honestly applying for jobs, but w/my husband's income I am under no "pressure" to find a job immediately and rather want to find the right fit given my experience and background. I have sent my CV to recruitment agencies, had meetings w/them, have been added to the casual register of a company here in the UK and been invited for interviews, etc 

Does anyone have any advise/thoughts on what he can do?


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## Joppa (Sep 7, 2009)

He could have applied with your status as self-sufficient (being supported by his income), in which case you both need comprehensive sickness insurance.
It's very difficult to get residence card if the EEA partner is looking for a job, as after 3 months in UK, you are supposed to be exercising treaty rights by working, studying or being self-sufficient. 

There shouldn't be problems getting another EEA family permit in US, which I recommend over trying to get code 1A stamp at the border.

Once you find a job - even part-time (min 15 hours/week), he can apply for his residence card. Or if in the meantime his Italian citizenship comes through, he just needs to get Italian passport.


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## comma (Feb 23, 2014)

Thank you Joppa!

I can't find any info/literature/etc o any site about receiving a second EEA FP (is it legal, do they allow/offer it). Any idea if this ever happens? 

Also, in the EEA FP application, they ask if you've ever been denied a UK visa. Since my husband's application for a residency permit was denied (assume Visa and Permit need to be considered the same on the EEA FP permit), will they automatically deny him another EEA FP?

Also, since he already registered his biometrics when he applied for the first EEA FP, will he have to submit them again, or will they already have them on file?

I realise these questions may be outside your experience, but your thoughts are much appreciated.

Thank you!


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## Joppa (Sep 7, 2009)

Yes, very often.
No, they won't, and they aren't allowed to under EU rules.
Yes, fresh biometrics each time.
No, I have come across similar cases many times before.


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## comma (Feb 23, 2014)

Hello - another question if I could...

Started the visa application process online. Any thoughts on which type of visa/entry he should go for? There is the 6 month EEA Family Permit but also the (Family) multiple Visa valid for 6 months.

We are confused about the difference and not sure which to go for as our circumstances seem to fit both options. Is one "easier" to get approved for than the other? 

1. (Family) Single, double and multiple, valid up to 6 months

2. EEA Family Permit

Again, he would only really need either visa for the next 2 months to enter and exit the UK legally while we wait to get his Italian passport. 

He will travel back to the US in next month and if needed, I can go with him (as is needed w/the first entry if we go for the EEA FP).


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## Joppa (Sep 7, 2009)

EEA family permit on the strength of your Italian nationality.
As you have been in UK longer than 3 months, he should apply on the basis of your self-sufficiency, i.e. being supported by his job and earnings.
You don't have to go to US with him.


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## comma (Feb 23, 2014)

Joppa said:


> EEA family permit on the strength of your Italian nationality.
> As you have been in UK longer than 3 months, he should apply on the basis of your self-sufficiency, i.e. being supported by his job and earnings.
> You don't have to go to US with him.



Thank you again for all of the advise, SUCH an incredible help. 


Under EEA National section, passport info, will list "Economically Self Sufficient." 

1. However, will we have to get CSI for this option? Do we need to provide bank statements or my husband's US pay receipts, etc?

2. for the question "EEA National Registration Certificate number for EEA National?" I don't have one of these - is this required? I only have my Italian passport and not sure what this is. 

3. Do you intend to live with the EEA National permanently?
My husband will be traveling back and forth from the US to UK as he works in the US. However, yes, he will intend to live 80% of the time with me while in the UK, should this be a YES?

Thank you in advance!


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## Joppa (Sep 7, 2009)

1. Yes for both of you, throughout the period you have been self-sufficient.
2. No, but getting it at the same time as your partner's residence card may speed it up.
3. Just answer yes.


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## comma (Feb 23, 2014)

Joppa said:


> 1. Yes for both of you, throughout the period you have been self-sufficient.
> 2. No, but getting it at the same time as your partner's residence card may speed it up.
> 3. Just answer yes.




Ok - thank you. We don't currently have CSI. Can I get it now for the both of us and then send it the policy info? Does this have to be a UK-based insurance or can it be through a US company?


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## karen_cisneros (May 1, 2015)

wondering if you got questions to these:

Any recommendations for CSI companies??? Does this have to be a UK-based insurance? Can I get it now for the both of us and then send it the policy info?


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## Joppa (Sep 7, 2009)

BUPA and AXA are main providers of private health insurance. Make sure any policy you buy meets the requirements for CSI. Budget around £500 a year per person.


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