Do I need to wait for EEA2 to expire before EEA4?

Hi all.

I'm South African and my wife is Hungarian. I've been in the UK since 2004. I was originally on a working holiday visa. My wife and I married in April 2006.

I am currently on the EEA2 visa. This expires in 2012. Do I need to wait till that is almost expired before I try to get my EEA4? The main reason I ask is that my passport expires in December of this year. It would be nice for me to get the EEA4 into my new passport instead of having to carry my new and old passport around for 2 years.


Secondly, what is the waiting times these days? I've been hearing some horror stories on this site. My wife and I both have our P60's for the last 6+ years. It took 'only' around 5 months for me to get my EEA2.

Lastly, can I apply for British citizenship only once I get my EEA4?

Thanks
D

What you have is a residence card. Based on the information you have provided you will be eligible for permanent residence (aka 'EEA4') in April 2011 and can apply then (or, due to current processing times, in the opinion of some here even earlier).

You can apply for BC no earlier than one year after having obtained PR (formally, applying for PR is not necessary) under current rules but it is unclear what rules will apply in future.

Hi.

Thanks for the reply. I did think I was able to apply in April 2011, but I've also heard I had to wait for my EEA2 residence to near expire first. Is that wrong though?

I hope so, that means I can apply for EEA4 PR in April.

I can't apply earlier, I only get my new passport in March/April anyways (takes 4 months)

Dates on EEA documentations are rather irrelevant. It is facts that are important. In your case that you have been married with your wife and lived continuously with her for at least five years in the UK while she was exercising her treaty rights as a worker here.

You can apply for PR after 5 years of marriage with the EEA national. This does not ahve anything to do with the expiry of the RC on your passport. As 86ti said you can apply in Apr 2011.
The waiting time for EEA applications differs, it should take around 6 months.

Excellent. Thanks all.