EEA 4 Permanent Residence

kaya.uk · Post by **kaya.uk** » Fri Mar 28, 2008 7:22 pm

Hello. I am a Japanese and married with an EU citizen (Italian) 6 years ago. I came to UK with him with entry clearance with EEA family permit (family member) on October 2002, and obtained Family member residence stamp on Jun 21, 2003.

Since my residence stamp will expire in 3 months, I am planning to apply Permanent residence with EEA4 form.
Home Office website indicates that they are currently working on the application filed prior to November 2007.
I checked similar topics in the forum but it seems that long waiting is always the case for the obtain of Permanent Residence.
My husband and I have to go abroad often and it is hard to live without for almost half a year.
Home office suggests that you can get the passport back only for emergency case.

I am aware that you are not allowed to file the application in person, and am wondering if any way to speed up the process.
Would it be faster if I ask solicitor to help the process? I wouldn't need solicitor if the waiting time is the same, as the application form is pretty simple.
Or would it be any other way to apply Permanent Residence, other than EE4, with my situation?

We have been self-sufficient over 5 years of stay in UK from foreign assets (we have never be employed or obtain any income in UK), and will apply Permanent Residence as self-sufficient.

I would appreciate any suggestion!!

Post by **John** » Fri Mar 28, 2008 8:29 pm

I am planning to apply Permanent residence with EEA4 form.

In a sense that is incorrect. That is, thanks to the EU regulations that came into force on 30.04.06, you will automatically gain PR status on the 5th anniversary .... 21.06.08.

However it would be advisable for you to make an application on form EEA4, if only so that you get confirmation of the PR status. Suggest that your husband submits an application on form EEA3 as well, although again it is not necessary for him to do so, but your application is dependent upon him exercising EU treaty Rights, so him submitting an application on EEA3 can only speed up your EEA4 application.

Also, submit the applications with photocopies of the passports, not the actual passports, because you travel regularly, and say in a covering letter that if they want the passports they should ask for them.

paulp · Post by **paulp** » Fri Mar 28, 2008 8:47 pm

Do the photocopies of the passports need to be certified?

kaya.uk · Post by **kaya.uk** » Fri Mar 28, 2008 10:38 pm

Thank you for your reply, John and Paul

I read the Guidance Notes of Form EEA4, and it indicates that "All documents provided with the application must be originals."

Also as far as I understand, Permanent Residence will be stamped or sticked to my passport.

You probably suggested that first we give certified copies of our passports, and bring them to Home Office when they process our case? Would they bother themselves to contact us to do so?? It would be great if it is possible!

Another of my concern is that I will have trouble coming back to UK after my Residence Stamp expire on June 21, 2008, even if I can keep my passport.

My husband didn't think about filing EEA3, but we will do so if we can speed up the process - thanks for your suggestion. In this case, do we send 2 applications together, I suppose.

I'd appreciate your further help!

333 · Post by **333** » Tue Apr 01, 2008 4:59 pm

Hiya
Firstly they donâ€™t except certified copies, well the case worker dealing with mine would not, they need to see original

What I did was on original application send in certified copy of passport with letter stating that spouse travels frequently etc etc
Once they get to your submission they will write to you requesting to see the original passport within 21 days
Send in the passport and you should have it all back with in the month with your new permanent residence stamp valid for 10 years

kaya.uk · Post by **kaya.uk** » Wed Apr 02, 2008 6:03 pm

Hi, 333. Thanks for your post!

Your suggestion sounds great - we definitely consider doing this way.
Will phone Home Office up to confirm if we can do it, in case they change its rule.

Can't wait to get over this burden as soon as possible !

joelondon · Post by **joelondon** » Mon Jan 26, 2009 2:58 pm

kaya.uk wrote:Hi, 333. Thanks for your post!

Your suggestion sounds great - we definitely consider doing this way.
Will phone Home Office up to confirm if we can do it, in case they change its rule.

Can't wait to get over this burden as soon as possible !

hi there how we doing
did u apply for your PR ...do u have by now ? can you please keep us update about your process ..many thanks

kaya.uk · Post by **kaya.uk** » Mon Jan 26, 2009 4:01 pm

Hi, thanks for your comment.

I am sorry that I haven't update my post.
Here is the situation - we applied EEA3 and EEA4 on the first day of June 2008. We both applied as we hoped that it would make the process faster. 2 months later as the issue date of August 8th, we received Certificate of Application. Since then, nothing happened...

I checked the Home Office website, and it seems that they are still processing the applications of February 2008.

Does anyone know what is going on?!

joelondon · Post by **joelondon** » Mon Jan 26, 2009 10:48 pm

kaya.uk wrote:Hi, thanks for your comment.

I am sorry that I haven't update my post.
Here is the situation - we applied EEA3 and EEA4 on the first day of June 2008. We both applied as we hoped that it would make the process faster. 2 months later as the issue date of August 8th, we received Certificate of Application. Since then, nothing happened...

I checked the Home Office website, and it seems that they are still processing the applications of February 2008.

Does anyone know what is going on?!

hi there
i 'm in the same situation ...as m waiting since june 2008...here in this forum there is a case where they applied in june 2008 and got the PR on the 23rd of january ....i think they are processing aplications sent on june 2008 by now ...hopefully we will get some news by the end of this month or the begenining of next month ,...fingers cross...did you apply using a lawyer or ..by post ...????
let me know of any news that you recieved ...many thanks and all the best...

kaya.uk · Post by **kaya.uk** » Tue Jan 27, 2009 4:20 am

It is encouraging to hear that someone who applied in June 2008 got PR recently! I hope we will get it fairly soon.
By the way we applied by post. When I called up a lawyer, I was told that they couldn't make the process fast but only could check the documents if they were OK - so we decided to do it by ourselves. Do you think it was better to use a lawyer??

Thanks for the information and good news!

joelondon · Post by **joelondon** » Tue Jan 27, 2009 12:11 pm

kaya.uk wrote:It is encouraging to hear that someone who applied in June 2008 got PR recently! I hope we will get it fairly soon.
By the way we applied by post. When I called up a lawyer, I was told that they couldn't make the process fast but only could check the documents if they were OK - so we decided to do it by ourselves. Do you think it was better to use a lawyer??

Thanks for the information and good news!

good morning mrs

well ,i applied with a lawyer ...i'm quiet paranoid ..if my mail get lost on the post or will never get there or something like this ...so i applied with a lawyer just in case and if i change address and stuff like that ..i dont need to keep change it with the home office ...so my document ,my lawyer will recieve them ..anyway ...and if there is anything ....the home office will contact the lawyer straight away ...just imaging that you are working and you cant answer your phone or you have missed the call ...(m just saying in case ) it could not happen but anyway ....well it cost me Â£280 is not much ...anyway ...hope you have a good day and good luck ...keep me update ...cheers /.:

joelondon · Post by **joelondon** » Tue Jan 27, 2009 12:51 pm

3. General policy on the issue of a document certifying permanent
residence and permanent residence cards
Documents Certifying Permanent Residence and Permanent Residence Cards are
both issued free of charge.
3.1 EEA nationals
Under Regulation 18(1) and Article 19 of Directive 2004/38, EEA nationals who are
entitled to reside in the UK permanently must be issued with a Document Certifying
Permanent Residence as soon as possible after the application (plus the proof of
entitlement) has been received.
3.2 Non-EEA nationals
Under Regulation 18(2) and Article 20 of 2004/38, Non-EEA national family members
who are entitled to reside in the UK permanently must be issued with a Permanent
Residence Card no later than 6 months after the application (plus the proof of
entitlement) has been received.
4. Validity of documents certifying permanent residence and permanent
residence cards
A Document Certifying Permanent Residence does not have a date of expiry.
However, a Permanent Residence Card is valid for 10 years from the date of issue
and must be renewed upon application. This is subject to Regulation 20(3)
concerning the loss of the right of permanent residence.
A Document Certifying Permanent Residence and a Permanent Residence Card will
cease to be valid if the holder ceases to have a right of permanent residence under
Regulation 15(2).
5. Right of appeal
Before the implementation of Directive 2004/38, EEA nationals and their family
members applied for permanent residence in the UK under domestic legislation. Any
refusals to grant the right of permanent residence did not attract a right of appeal, as
only applicants who would lose a right to reside (i.e. would no longer have leave to
remain) were able to appeal.
As EEA nationals and their family members can now acquire permanent residence
under European Law, any refusal to issue a Document Certifying Permanent
Residence or Permanent Residence Card will attract a full â€˜in countryâ€™ right of appeal
under Regulation 28. This is based on Article 31(1) of Directive 2004/38.
However, if we have not previously seen evidence of nationality in the form of a
passport / ID card confirming the EEA nationalâ€™s identity, and none has been
provided, the application is refused without a right of appeal.
If no evidence of the non-EEA nationalâ€™s identity / relationship to the EEA national is
provided the application is refused without a right of appeal. An amended version of
form ECD.3117 is appropriate. The applicant must provide some form of evidence of
his/her own identity and relationship to the EEA before s/he can benefit from a right
of appeal under EC law.
6. Issue of documents certifying permanent residence and permanent
residence cards
6.1 Application forms
An application form, EEA3, is available for use when an EEA national applies for a
document certifying permanent residence.
An application form, EEA4, is available for use when a non-EEA national family
member of an EEA national applies for a permanent residence card.
In contrast to the policy governing applications made under the Immigration Rules an
application cannot be rejected because the form has not been used or has not been
fully completed.
6.2 Qualifying for a document certifying permanent residence or a permanent
residence card
Completion of 5 years residency
The following documents must be supplied by an EEA national who is applying for a
document certifying permanent residence under Regulation 15(1)(a) of the 2006
Regulations having completed 5 years residency:
â€¢ A valid passport or ID card as evidence of his/her EEA Nationality,
â€¢ Documentation confirming that s/he has completed 5 years residence in
accordance with

m-e-d · Post by **m-e-d** » Tue Jan 27, 2009 6:00 pm

Hi everyone

I been waiting since JUNE as well, good to know that they are dealing with June applications.

The trouble is that I work for government body where they have to check your status every 3 months, and now the letter I was sent which is valid for 6 months had expired

and don't know what to show my employer and I can see redundancy as an option for my employer....

any advice ?

joelondon · Post by **joelondon** » Tue Jan 27, 2009 9:53 pm

m-e-d wrote:Hi everyone

I been waiting since JUNE as well, good to know that they are dealing with June applications.

The trouble is that I work for government body where they have to check your status every 3 months, and now the letter I was sent which is valid for 6 months had expired and don't know what to show my employer and I can see redundancy as an option for my employer....

any advice ?

hey med how we doing mate ...
well just give them the same letter and let them know that they are dealing with it ...if they try to fire you ...then make a complaint or something like call the police and stuff like this ...let it go worst ...you are the winner from now...so no worrys at all ...if i were you i will do the same ...the letter shows that you are allow to work and reside in the uk ...at the end is not your problem ...so keep it up and fight for your right mate ..all the best and hope we gona be sorted soon ...all the best mate keep me update

hamadauk123 · Post by **hamadauk123** » Sat Jan 31, 2009 2:55 am

well i was lucky guys hopefully everyone get sorted soon . i applied end of April i got my pr end of November took 7 months . you have to keep ringing guys the complaint department in liverpool and Manchester .as i did and bingo .well i,m nearly will apply for citizenship by the end of may hopefully . good luck every one.

joelondon · Post by **joelondon** » Sat Jan 31, 2009 3:26 pm

hamadauk123 wrote:well i was lucky guys hopefully everyone get sorted soon . i applied end of April i got my pr end of November took 7 months . you have to keep ringing guys the complaint department in liverpool and Manchester .as i did and bingo .well i,m nearly will apply for citizenship by the end of may hopefully . good luck every one.

hey mate did u apply in april 2007 or 2008 ? so if its 2008 mean that the home office web site is not up to date at all ..as it shows that they are dealing with application recieved in feb ....well hope m gona get mine soon ...as i applied in june 2008 and m still waiting ...its been 7 months and 9 days now ....congratulation and all the best for your future .

joelondon · Post by **joelondon** » Sat Jan 31, 2009 3:31 pm

kaya.uk wrote:It is encouraging to hear that someone who applied in June 2008 got PR recently! I hope we will get it fairly soon.
By the way we applied by post. When I called up a lawyer, I was told that they couldn't make the process fast but only could check the documents if they were OK - so we decided to do it by ourselves. Do you think it was better to use a lawyer??

Thanks for the information and good news!

ANY NEWSSSSS PLEASE

thsths · Post by **thsths** » Sat Jan 31, 2009 3:33 pm

joelondon wrote:so if its 2008 mean that the home office web site is not up to date at all

No, it is not up to date. I am not sure whether the internet archive keeps the page, but it seem to change only every few month. Quite a lot of people applying in March and April for the residence card now.

joelondon · Post by **joelondon** » Sat Jan 31, 2009 3:36 pm

thsths wrote:
joelondon wrote:so if its 2008 mean that the home office web site is not up to date at all
No, it is not up to date. I am not sure whether the internet archive keeps the page, but it seem to change only every few month. Quite a lot of people applying in March and April for the residence card now.

i applied for the PR in June 2008 and nothing yet ...the last time they change the page ~(update) it was about 7 months ago and just from january to Feb

hamadauk123 · Post by **hamadauk123** » Sat Jan 31, 2009 4:16 pm

joelondon wrote:
hamadauk123 wrote:well i was lucky guys hopefully everyone get sorted soon . i applied end of April i got my pr end of November took 7 months . you have to keep ringing guys the complaint department in liverpool and Manchester .as i did and bingo .well i,m nearly will apply for citizenship by the end of may hopefully . good luck every one.

hey mate did u apply in april 2007 or 2008 ? so if its 2008 mean that the home office web site is not up to date at all ..as it shows that they are dealing with application recieved in feb ....well hope m gona get mine soon ...as i applied in june 2008 and m still waiting ...its been 7 months and 9 days now ....congratulation and all the best for your future .

well i applied in 23 April 2008. if your case is Cristal clear don,t waste money with lawyer.

joelondon · Post by **joelondon** » Sat Jan 31, 2009 4:19 pm

hamadauk123 wrote:
joelondon wrote:
hamadauk123 wrote:well i was lucky guys hopefully everyone get sorted soon . i applied end of April i got my pr end of November took 7 months . you have to keep ringing guys the complaint department in liverpool and Manchester .as i did and bingo .well i,m nearly will apply for citizenship by the end of may hopefully . good luck every one.

hey mate did u apply in april 2007 or 2008 ? so if its 2008 mean that the home office web site is not up to date at all ..as it shows that they are dealing with application recieved in feb ....well hope m gona get mine soon ...as i applied in june 2008 and m still waiting ...its been 7 months and 9 days now ....congratulation and all the best for your future .
well i applied in 23 April 2008. if your case is Cristal clear don,t waste money with lawyer.

thanks ...hope m gona get it soon ....

hamadauk123 · Post by **hamadauk123** » Sat Jan 31, 2009 4:23 pm

joelondon wrote:
hamadauk123 wrote:
joelondon wrote:
hamadauk123 wrote:well i was lucky guys hopefully everyone get sorted soon . i applied end of April i got my pr end of November took 7 months . you have to keep ringing guys the complaint department in liverpool and Manchester .as i did and bingo .well i,m nearly will apply for citizenship by the end of may hopefully . good luck every one.

hey mate did u apply in april 2007 or 2008 ? so if its 2008 mean that the home office web site is not up to date at all ..as it shows that they are dealing with application recieved in feb ....well hope m gona get mine soon ...as i applied in june 2008 and m still waiting ...its been 7 months and 9 days now ....congratulation and all the best for your future .
well i applied in 23 April 2008. if your case is Cristal clear don,t waste money with lawyer.
if my passport was not expired and missing some document my application should take less then 7 months.

thanks ...hope m gona get it soon ....

kaya.uk · Post by **kaya.uk** » Mon Feb 09, 2009 1:22 am

Hi, everyone. I really wish that I could give you a good news but I haven't heard anything from Home Office yet...

Is anyone who can give us a little hope??

Joe (is that your name, joelondon?), since you applied via a lawyer, have you tried to ask him (or her) to call up Home office?

kaya.uk · Post by **kaya.uk** » Mon Feb 09, 2009 1:23 am

Hi, everyone. I really wish that I could give you a good news but I haven't heard anything from Home Office yet...

Is anyone who can give us a little hope??

Joe (is that your name, joelondon?), since you applied via a lawyer, have you tried to ask him (or her) to call up Home office?

kaya.uk · Post by **kaya.uk** » Mon Feb 09, 2009 1:23 am

Hi, everyone. I really wish that I could give you a good news but I haven't heard anything from Home Office yet...

Is anyone who can give us a little hope??

Joe (is that your name, joelondon?), since you applied via a lawyer, have you tried to ask him (or her) to call up Home office?

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