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My husband is working in the UK. Both he and our children have EU passports, even though we've been married for 18 years, we've never lived longer than 5 years in a EU country. I therefore am in the UK on an 6 month EAA family visa/permit. We applied for a residency card at the beginning of Feb (6 weeks ago). The Home office replied within 2 weeks with a notice for a BRC, which we did almost immediately. We then received a letter confirming my application and permission to work in the UK. My family visa expires in 3 weeks. Do I have to leave the UK, hence my family, whilst I wait for my residence card? We're due to travel on holiday as a family in April, will I be let back in? The immigration centres will not answer any questions regarding the application or progress, we therefore cannot get any advice.

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The EEA family permit does not authorize you to be in the UK. You have that right by automatic operation of law. So you do not need to leave the UK when the EEA family permit expires.

April is another question, since it is possible that the UK might leave the EU without a deal before then. If there is a deal, or if the UK's departure from the EU is delayed, then the current free-movement system will still be in place. In that case, your ability to return to the UK depends on how you are traveling and whether you have a visa-exempt passport. If the UK leaves the EU without a deal, however, it is difficult to say whether you'll be able to enter the UK, or how, if you leave before receiving pre-settled status.

  • Thank you very much for your prompt response. I've since been notified that they're delivering my BRC, does that mean that I have the residency, and therefore can leave the leave and enter the UK and use the card? – Desiree Jordao Mar 13 at 9:42
  • @DesireeJordao I suppose it does. If you leave the UK without the card, though, and if you are traveling with a visa-required passport, you will need to get an EEA FP while you're out of the country before you can board a flight back to the UK. If you're traveling by train or ferry you might be able to do it without an EEA FP. If you have the residence card in hand when you return then you have nothing to worry about. – phoog Mar 13 at 19:03
  • thank you very much for your response and assistance – Desiree Jordao Mar 16 at 11:07

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