# Residence card processing times



## Td108 (Jul 8, 2013)

Hi everyone,

I will be applying for a residence card for my non-EEA wife. I am an EEA national living in the UK and I will have a regitration certificate soon.

Would you please advise on usual processing times?

Many thanks!


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## Joppa (Sep 7, 2009)

Around 6 months. A few lucky ones seem to get it in less, but there are others waiting 7-8 months.


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## Td108 (Jul 8, 2013)

Joppa said:


> Around 6 months. A few lucky ones seem to get it in less, but there are others waiting 7-8 months.


Thanks Joppa! But that implicates the non-EEA person will stay longer than EEA FP allows (6 months) I.e. illegally? Since EEA FP is issued for maximum of 6 months.


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## Joppa (Sep 7, 2009)

Since neither EEA family permit nor residence card is legally required, they aren't in breach of the law.


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## Td108 (Jul 8, 2013)

Joppa said:


> Since neither EEA family permit nor residence card is legally required, they aren't in breach of the law.


Non-EEA national with EEA FP is allowed to enter and stay UK otherwise they need a visa. Once the EEA FP expires they should leave UK as they do not have right to stay in the UK (unless they have visa too). This what I meant.


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## Joppa (Sep 7, 2009)

But as family member of EEA national, they have the right to stay. Residence card only confirms the rights as they already exist and doesn't confer any new rights. Of course, without residence card they probably cannot get a job and travelling will be difficult, unless they get another EEA family permit before returning to UK. 

EU law works in a different way from UK immigration rules and usually overrides it. In any case, while their application is pending, they can stay (this is also under UK rules).
As there is nothing further to discuss, the thread is closed.


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