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Permanent residence

Posted: Tue Oct 02, 2012 10:45 am
by Mordoklej
Ok, our case is a bit tricky.. I think lol.

I'm EEA national living and working in the UK since 2004
I got my Permanent Residence card in 2010
Currently my BC is being processed.. so it's not about me really..

It's about my wife..

My wife is from South Korea. She's been living and working in the UK since 2005. Initially she got 1 year visa outside the UK in 2005 so she could join me in the UK as a family member of EEA national. Then from 2005 she had 5 year visa as a family member of EEA national.. then in 2010 she got another 5 year visa as a family member of EEA national (I know, she didn't apply for EEA4, but for EEA2 again and she got it).
Now she's been legally in the UK for over 7 years does it mean she has automatically the right to stay and work as permanent resident or does she still need to apply for EEA4.. Now my own BC application is underway but I'm not going to surrender my other EEA nationality once I obtain BC. So I think my wife's status as a family member of EEA national doesn't change here or does it? :wink:

Can she apply for BC straight away once I become British Citizen?

I don't know where we are at the moment.. and 08450105200 is a completely pointless number as you cannot talk to a person and all you get is the machine telling you to email UKBA.. eh :x So I think I will, but I thought I would ask here first.

I apologize for quite a long post.

Posted: Tue Oct 02, 2012 4:53 pm
by Obie
I believe she has permanent residence. When she applied, she should have used EEA 4 for confirmation of her PR status as opposed to EEA 2.

Posted: Tue Oct 02, 2012 5:04 pm
by Mordoklej
Obie wrote:I believe she has permanent residence. When she applied, she should have used EEA 4 for confirmation of her PR status as opposed to EEA 2.
Oh ok.. Then she doesn't need to do anything. Cool.

I guess my EEA3 + her P60s are enough proof of her permanent residence.

Next step BC then.. She will skip EEA4 application if it's not needed. What's the point of EEA4 at all? And why does it take so long (6 months?) to get confirmation :roll:

Posted: Tue Oct 02, 2012 5:10 pm
by Jambo
Assuming she meet the standard requirements for naturalisation, she can apply once she pass the Life in the UK test. There is no need to wait for you to become BC.

Posted: Wed Oct 03, 2012 12:43 am
by Mordoklej
Great. Thanks! :D