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Moving from EEA2 to Permanent Residency

Posted: Thu Jun 13, 2013 10:45 pm
by Coconut
I'm trying to get clarity as to whether or not I can / need to apply for EEA4, but not really sure what it means when it says: 'a family member of an EEA national who is not himself an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years;'

I'm a US citizen who has been living in the UK since December 2006. My husband is a French national, we were married on 18 August 2012. We have been living together since November 2007. I've had an EEA2 Residence Document since August 2010.

Both my husband and I have obviously been living in the UK for more than 5 years & living together for more than 5 years, but we've only been married for less than one year. So my questions are as follows if anyone has better knowledge than me on this:
1) Do I even need to apply for any further EEA documents as the EEA4 Guidelines states:
There is no legal requirement for non-EEA or non-Swiss national direct family members of EEA or Swiss nationals who are exercising Treaty rights in the UK to obtain a permanent residence card to confirm their right of residence in the UK.
2) If not (solely because I'm now married to EEA national), what would I need to show at the border or to employers to confirm my right to work?
3) If I do need to apply to some form of EEA documents, can I apply for an EEA4?
4) If so from what date can I apply?
5) Does anyone know the length of processing time for EEA4?
6) If I'm not eligible for EEA4 as we haven't been married for 5 years, do I just re-apply for an EEA2?

Posted: Thu Jun 13, 2013 11:19 pm
by sheraz7
Did you get EEA2 RC in August 2010 on the basis of unmarried partner of same french national partner? Is that EEA2 RC expiring in 2015?

Posted: Thu Jun 13, 2013 11:24 pm
by Coconut
Yes I got an EEA2 RC in August 2010 on the basis of an unmarried partnership with the same French national partner who is now my husband. And yes that EEA2RC is expiring in August 2015.

Posted: Thu Jun 13, 2013 11:34 pm
by sheraz7
For unmarried partners the time for PR starts from the date of EEA2 RC issuance comparing to married couples when it starts from the date of wedding. Therefore, despite being married now and holding already the EEA2 RC you will be eligible for PR (EEA4) in August 2015 as long as your EEA partner continuously be a qualified person for 5 years. Then you can apply EEA4 which in theory takes 6 months to process. Since now you married to EU so you have automatic right of work and same confirms your EEA2 RC too. If your EU national is living for the last 5 years while being as a qualified person such as worker,study,self employment etc then she can apply its PR before you reach your PR stage.

Posted: Fri Jun 14, 2013 7:33 am
by Coconut
Ok great thank you very much!

Re: Moving from EEA2 to Permanent Residency

Posted: Fri Mar 20, 2015 7:28 pm
by fabamerica
Hello, Sheraz7,
I would appreciate it if you could help me .
I am married to an italian citizen for 13 years now. We entered the uk in 2010. I got my eea2 residence card 5years. Now i need to apply for pr. When to? Do i need to? My EEA2 expires jan,2016.
I saw your reply to coconut, about the fact married partners , etc....so technically i already have pr?? Since we're married for 13 years...what should i do then? Much aprreciate your help.