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eea4 permanent residency

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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koll
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Posts: 12
Joined: Sat Mar 26, 2011 5:04 am
Location: LONDON

eea4 permanent residency

Post by koll » Sat Mar 26, 2011 5:24 am

Hi all,

I am an Indian National married to Polish in November 2005 back home in India. Sent certificate to Poland and got registered in Poland too
I have acquired family permit in March 2006 and came to U.K in April 2006 and joined my wife
I have acquired residence card valid for 5 years which end on May 2011
Since then I lived and work (with some gaps) all these years till now
I am eligible to apply for Permanent residency on 31st March 2011
But my wife left me last year living separately but did not applied for divorce(she didn't cancelled the contract of house or bills)

How can I apply for Permanent residency - my wife is refusing to give the documents
My wife got PR in May 2010
Do I have a chance to apply for EEA4 for permanent residency
Do I have a chance to retain my right of residency

I have all P60s, Pay Slips, Bank Statements and employment letter
I earned 100k during this five years after tax

Can any one suggest if I have chance to retain my residence and what do I need to do
What is the success rate of this type of visa
Is there anyone who was granted this visa recently or anyone in the same process
Could you please suggest me
I have read the rules like I have to be married 3 years and then be in U.K for on year so that I will be qualified for this type of visa

Thanks
Koll

VSAndroid
Newbie
Posts: 45
Joined: Thu Mar 24, 2011 1:07 pm

Re: eea4 permanent residency

Post by VSAndroid » Sun Mar 27, 2011 11:59 pm

Read section 10 - Might give you the information you need!
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

koll wrote:Hi all,

I am an Indian National married to Polish in November 2005 back home in India. Sent certificate to Poland and got registered in Poland too
I have acquired family permit in March 2006 and came to U.K in April 2006 and joined my wife
I have acquired residence card valid for 5 years which end on May 2011
Since then I lived and work (with some gaps) all these years till now
I am eligible to apply for Permanent residency on 31st March 2011
But my wife left me last year living separately but did not applied for divorce(she didn't cancelled the contract of house or bills)

How can I apply for Permanent residency - my wife is refusing to give the documents
My wife got PR in May 2010
Do I have a chance to apply for EEA4 for permanent residency
Do I have a chance to retain my right of residency

I have all P60s, Pay Slips, Bank Statements and employment letter
I earned 100k during this five years after tax

Can any one suggest if I have chance to retain my residence and what do I need to do
What is the success rate of this type of visa
Is there anyone who was granted this visa recently or anyone in the same process
Could you please suggest me
I have read the rules like I have to be married 3 years and then be in U.K for on year so that I will be qualified for this type of visa

Thanks
Koll

koll
Newly Registered
Posts: 12
Joined: Sat Mar 26, 2011 5:04 am
Location: LONDON

Post by koll » Mon Mar 28, 2011 4:02 pm

Thanks a lot VSAndroid
It gives the right information

koll
Newly Registered
Posts: 12
Joined: Sat Mar 26, 2011 5:04 am
Location: LONDON

Post by koll » Mon Mar 28, 2011 4:03 pm

Is there any one in the same boat
If so please send me your experiences and process
Or please suggest me right lawyers

Thanks

dz_nostalgia
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Posts: 28
Joined: Fri Mar 18, 2011 7:32 pm

Post by dz_nostalgia » Mon Mar 28, 2011 9:30 pm

koll wrote:Is there any one in the same boat
If so please send me your experiences and process
Or please suggest me right lawyers

Thanks
why didnt you get divorced, you are still technical married so EEA4 will not be a good option if you havent got the right documents, are things bad between you two?

koll
Newly Registered
Posts: 12
Joined: Sat Mar 26, 2011 5:04 am
Location: LONDON

Post by koll » Tue Mar 29, 2011 5:30 am

Hi dz_nostalgia

Yes things are bad since last year June that's when she left me
Initially she said she will see how it goes being separate and we still have love we can re-join
Last week she called me and said she is going to divorce
I said if that is the case then apply after March 31(which is like 28 days before my 5 years stay here)
So she said she will initiate in first week of April
She still consider me as friends but not husband

So if she apply divorce that proves she is married to me and she is living here
I asked my brother from India to send me the marriage invitation, duplicate Indian marraige certificate and a news paper clipping (marriage was covered in news) so that I have some proofs
I have proof of living together here in U.K

Do you think its enough for EEA 4 application for right of retaining he residency

VSAndroid
Newbie
Posts: 45
Joined: Thu Mar 24, 2011 1:07 pm

Post by VSAndroid » Tue Mar 29, 2011 11:30 am

koll wrote:Thanks a lot VSAndroid
It gives the right information
Hope you get through this. Wish You best of luck!

koll
Newly Registered
Posts: 12
Joined: Sat Mar 26, 2011 5:04 am
Location: LONDON

Post by koll » Tue Mar 29, 2011 6:35 pm

Hey Guys,

I have consulted with couple of lawyers
I thought it is useful to share

To get right of retention of residency
I need to prove that My wife is working here in U.K
So if you guys have NI number it is good
If you have her payslip which is not older than 6months before the divorce is finalised
Well and one more thing is that Home Office cannot remove me from the country until the divorce is declared so I will can stay here

I luckily got her NI number from my previous emails

But at the same time I found that divorce can be given only when both are living separately for two years and both the parties are ok with it

Could anyone please answer these,

What happens to my status if residence card expires during the divorce procedure which might take till 6months
Will I be able to work if I get a letter from home office during post expiry of my visa

geriatrix
Moderator
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Post by geriatrix » Wed Mar 30, 2011 5:55 pm

koll wrote:Hi everyone,

I married to EEA member
About to finish 5 years of stay in U.K in April
But my wife want to apply for divorce before my 5 years stay which is on April 26
My RC expires on May 31st
Keeping in mind that if she apply divorce now it might take 6months to get the divorce I want to apply for Tier 1 or Workpermit for which I am qualified just to be legal in this country

My questions are
What happens to my status after 31st May as I will not have a valid visa and I have to wait until 5 or 6 months for divorce
I am thinking I wont be able to work without proper status
Thats why I want to apply for Teir 1 or Workpermit

What happens if I change my status
Will they consider my PR application becuase I completed 5 years
or they might say I changed my status to Teir 1 or Workpermit so I got to wait untill I finish another five years

Could any one please through light on this topic
You cannot switch (i.e. - apply from within the UK) to any of the PBS categories.
Life isn't fair, but you can be!

koll
Newly Registered
Posts: 12
Joined: Sat Mar 26, 2011 5:04 am
Location: LONDON

Post by koll » Thu Mar 31, 2011 1:45 pm

Cheers Guys,

I found out that my status will be the same as of now until my case is decided
So little peace of mind that I wont be illegal while fighting for EEA 4 without enough documents

Thanks for the support

koll
Newly Registered
Posts: 12
Joined: Sat Mar 26, 2011 5:04 am
Location: LONDON

Post by koll » Sun Apr 03, 2011 3:48 pm

guys do you know how much a high street lawyer would charge for the case of right of retention

koll
Newly Registered
Posts: 12
Joined: Sat Mar 26, 2011 5:04 am
Location: LONDON

Post by koll » Tue Apr 05, 2011 8:40 am

Guys can anyone help with this please
Regarding proof of addresses for 5 years
What is HO expecting to see
What bills and what documents they need Is thare any list they look at
Or is it mentioned in any other thread over this site

Your help is much appreciated

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Tue Apr 05, 2011 9:02 am

Have you looked at the Guide EEA (top right) already?

geriatrix
Moderator
Posts: 24754
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Post by geriatrix » Tue Apr 05, 2011 11:03 am

koll, please don't make multiple posts on the same subject in different topics.
Life isn't fair, but you can be!

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