EEA family member past initial 5 years

My wife is American and I'm Italian. We've been living in the UK for 5 years now.

She originally applied for a EEA family member permit which lasts five years.
We're not sure what we need to do next. Does she have to apply for a PR?

We both want to get British citizenship eventually but priority now is to make sure she's legal in the UK. I know that as a EEA citizen I don't have to worry (yet) but could you help understand what does she have to do?

Thank you

Yes, her next step is to apply for Permanent Residence.

You should also apply for PR if you are hoping to obtain British Citizenship. 

Thanks, is there a grace period between the end of family permit and waiting for the PR to go through?

Thanks, is there a grace period between the end of family permit and waiting for the PR to go through?

I assume you mean the EU's Resident Card and not their 6th month Family Permit (entry to the UK)?

The EU rules are not like a UK "visa" where up to the visa end date means they are lawfully in the UK and after too if they have a valid application in, because they are protected under 3c of the UK's Immigration Act 1971. UK immigration laws and EU laws are not interchangeable.


These were the regulations you needed to follow -
https://www.gov.uk/government/publications/european-economic-area-nationals-qualified-persons

Under EU rules if you (her EEA citizen sponsor) is lawfully in the UK (following the EEA Regulations at all times) then your wife is lawfully in the UK too.

For you to be lawfully in the UK you (the EEA citizen) must either be a Worker, Self Employed, Student or Self Sufficient "qualified person" and the last two requires you and your family members to have a Comprehensive Sickness Insurance each: or there is limited time for a Jobseeker. Or for you, the EEA citizen, to have the EU's PR instead of being a "qualified person".

PR is automatically achieved if you have been a "qualified person" for 5 continuous years in another EEA country.

As a spouse of an EEA citizen who is "qualified person" or who has PR in the UK, she is your Direct Family Member and therefore does not need an EU RC. Only your Extended Family Members need an RC. Your wife's RC was to show that she could work in the UK. An RC becomes invalid if their EEA citizen sponsor stops being a "qualified person".
https://www.gov.uk/apply-for-a-uk-residence-card

So there is no "grace period" for a Direct Family Member as the EU does not have grace periods: either their EEA citizen sponsor is a "qualified person" or they are not; their EEA citizen sponsor has the EU's PR or they do not. The EU 2004 Directive does not allow a single day of not being a "qualified person" as that resets their '5 years to PR clock' back to zero; but the UK can be lenient on that and allow a few days.

You should also apply for PR if you are hoping to obtain British Citizenship.

The EU's "PR" ends on Brexit.

"If you already have a permanent residence document it won’t be valid after the UK leaves the EU.

A new scheme will be available for EU citizens and their family members to apply to stay in the UK after it leaves the EU."
https://www.gov.uk/apply-for-a-uk-residence-card


While the UK is in the EU, like the UK's ILR, they need to be free from immigration control for 1 year for BC and hold a DCPR/PRC to prove that.

On the 3rd of April it will be 5 years we have been in the UK.
I have been employed by a few UK companies the whole time (I'm an IT contractor). So I guess I am a qualified person.

Her EEA family permit ends in July (5 years). What do we need to do to live and work in the UK in the future?

Thanks for your help

well, since they kicked the can down the road again today, who knows when/if they will get around to implementing the new "easy to use" settled status and process.

In the meantime, I believe your wife will need to use this form:

https://www.gov.uk/eea-registration-certificate/permanent-residence

But definitely read the guidance as it looks quite complicated if you are not applying at the same time:
https://visas-immigration.service.gov.uk/product/eea-pr


You won't need to do anything (technically) as your status remains the same as you are employed.

I think you can also perhaps get another 5 yr residence card as well instead of PR, but I am not 100% on that. I know how hard it can be as the non-EEA spouse as employers want a document. Do let us know what happened as there may be a few of us caught between now and the New Official Brexit Date of December 2020.

In the meantime, I believe your wife will need to use this form:

https://www.gov.uk/eea-registration-certificate/permanent-residence

But definitely read the guidance as it looks quite complicated if you are not applying at the same time:
https://visas-immigration.service.gov.uk/product/eea-pr

In additition to this, if you read the link in my post above to the Home Office guidance on what a qualified person is, you can see if you already have PR automatically. It will be easier for your wife to apply at the same time as her EEA citizen sponsor for her PRC. If UKVI don't agree that you have PR, you only lose £65 each.

I think you can also perhaps get another 5 yr residence card as well instead of PR, but I am not 100% on that. I know how hard it can be as the non-EEA spouse as employers want a document.

Yes, employers want to see something, but although a DCPR/PRC will be £65 and an RC is free, the PRC will be the better choice. While under EU rules: no need for the EEA citizen to be a "qualified person" if they have PR and for the non-EEA citizen there is no need to be reliant on their EEA citizen sponsor if they have PR (a PRC).

well, since they kicked the can down the road again today, who knows when/if they will get around to implementing the new "easy to use" settled status and process.

But the UK get to sign trade deals with other countries during this transition period and the French get to keep fishing in UK waters during this time
http://wunc.org/post/brexit-leaves-french-fishermen-hook#stream/0

I am more confused than you with all of this, but I've got one thing I learned the hard way :
If your wife fills in the form for a PR, you want to get yourself included as a family member.  If you try to apply separately, you have to use the paper form which is an 80 page punishment and even requires you to specify the exact dates of entering and leaving the UK ever.

I am more confused than you with all of this, but I've got one thing I learned the hard way :
If your wife fills in the form for a PR, you want to get yourself included as a family member.  If you try to apply separately, you have to use the paper form which is an 80 page punishment and even requires you to specify the exact dates of entering and leaving the UK ever.

No luck with your SAR and ILR?

Aside - {EU family member residence cards are not free.    Pretty darned cheap in the grand scheme, but not free. And, technically, not required.}