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After EEA2 expires in 5 years

Posted: Wed May 27, 2015 1:23 pm
by Graham Weifang
Hi all,

My non-EEA wife got her EEA2 vignette in her passport in March 2014
It says the renewal date is March 2019
5 years from start.

I am sure she needs to complete EEA4 at the end of the 5 years , correct ?
Providing she has adhered to the "time in UK" requirement, is it just a matter of completing EEA4 for permanent residence to be granted?

Is this also known as IDL Indefinite Leave to Remain, or is I.D.L. a UK immigration term, and not considered by way of EEA ?

I am guessing that after her 5 yeas of residence in UK (working full time & taxes, & P60 etc) she would like to get a UK passport.
I think first she must do the Life in UK, test, for British citizenship, then apply passport.

Is this the correct step by step?

Thanks all.

Re: After EEA2 expires in 5 years

Posted: Wed May 27, 2015 3:23 pm
by chriskv1
IDL ? You mean ILR (Indefinite leave to remain) is a UK immigration visa which is equivalent to EEA4 / PR .

Re: After EEA2 expires in 5 years

Posted: Wed May 27, 2015 5:15 pm
by Graham Weifang
chriskv1 wrote:IDL ? You mean ILR (Indefinite leave to remain) is a UK immigration visa which is equivalent to EEA4 / PR .
.
Yes, my error.

ILR (Indefinite leave to remain) :D

Re: After EEA2 expires in 5 years

Posted: Thu May 28, 2015 2:26 am
by chriskv1
To answer your question ,

She can directly apply for citizenship but it's always advisable to apply for EEA 4 first simply due to the fact that it's cheap (£65 ) and a citizenship application is £1500+ .
Better to be safe than sorry : )

Re: After EEA2 expires in 5 years

Posted: Fri May 29, 2015 7:52 am
by Graham Weifang
Thank you Chris,

So when you say she can apply directly for citizenship after the 5 years are up, I guess she must still do the "Citizenship " test ?

GW

Re: After EEA2 expires in 5 years

Posted: Mon Jun 01, 2015 10:22 am
by chriskv1
Graham Weifang wrote:Thank you Chris,

So when you say she can apply directly for citizenship after the 5 years are up, I guess she must still do the "Citizenship " test ?

GW
Yes she must.

Re: After EEA2 expires in 5 years

Posted: Sat Dec 03, 2016 10:43 pm
by Graham Weifang
Hi all,
1 more year on from my opening post on this EEA 4 subject.
We have looked at the EEA 4 forms, and they look just as daunting as the EEA 2 forms did.

We are just doing some forward thinking, and any required forward planning,
It looks like the cost is still 65 GBP, please correct me if I am mistaken.

So, when the completed EEA4 forms are sent in, with required supporting documents, and with the bank details of the home office taking the required money out, what happens next?
Are we given another vignette in her Chinese passport?

When we get what we needed to get, vignette of card, or ???, the following step is PR for my wife.

Her has always worked, and paid taxes, since after about 3 weeks from coming into UK.
I have also worked ever since arriving in UK.

What I am looking for, is an Enid Blyton, step by step.

I know from earlier posts, my wife must wait until the 5 years are completed, then send in the EEA4.
How long does EEA4 generally take now?

After she gets the "something" what do we (her) do to get PR ?
I see it costs 1500 GBP at present.

Then citizen test, then passport.

Thanks,

I know it is long, sorry,

Graham

Re: After EEA2 expires in 5 years

Posted: Sat Dec 03, 2016 10:51 pm
by noajthan
In a higgledy piggledy cottage way down yonder in dingley dell there lived a kindly civil service caseworker with a kindly twinkle in her eye and all her little helpers. There was James, Peter, Molly, Tilly andTally the terrible twins and not forgetting Jolly the dog.

All day long they toiled away processing EU documentation requests, smiling and singing as they worked on PRCs and DCPRs without a care in the world.
Mrs Tomkins the kindly old tea lady would keep them all refreshed with toasted teacakes, hot buttered muffins and lashings of ginger beer.
...
Right that's quite enough Enid B for one day.

Cutting to the chase, dDate on RC is irrelevant.

PR is acquired automatically after 5 years of sponsor exercising treaty rights (if sponsor is not settled).
So if married 5+ years and in UK 5+ years then spouse may apply for confirmation of PR.

PRC is a BRP-style card. Processing takes maybe 6 months.
Fee currently £65 + biometrics fee.

The PRC is now one mandatory prerequisite for privilege of citizenship. (This is a new requirement since last year).
Check AN guidance for all other requirements.

Edit: as sponsor is BC no need for treaty rights.
And no need to wait 12 months after acquisition of PR before wife shoots for privilege of citizenship.
Make a section 6(2) BNA application.

If successful, a British passport application is the final piece of the jigsaw.

Re: After EEA2 expires in 5 years

Posted: Sun Dec 04, 2016 9:39 am
by Graham Weifang
Thanks very much for your rep!y, and great to see a little light hearted humour.

I understand most of that, as I am a UK citizen, born and lived here, I don't quit understand this bit.


"PR is acquired automatically after 5 years of sponsor exercising treaty rights (if sponsor is not settled).
So if married 5+ years and in UK 5+ years then apply for confirmation of PR"

Is that a 5 year wait, or a 10 year wait ?

We married in China September 2012, and then left China, and was in Germany for several months (Surinder Singh) before obtaining Entry Clearance to UK.

I remember reading some where, that, (could be wrong information) married time abroad, up to 1 year, could count to the 5 years, of waiting to the EEA2 to complete.

Getting back to your post, do we wait until the day just after her EEA2 expires, then send in the EEA4 stuff?

Then wait for the PR card, then citizenship test?



Many thanks.

GW.

Re: After EEA2 expires in 5 years

Posted: Sun Dec 04, 2016 9:52 am
by noajthan
Graham Weifang wrote:Thanks very much for your rep!y, and great to see a little light hearted humour.

I understand most of that, as I am a UK citizen, born and lived here, I don't quit understand this bit.

"PR is acquired automatically after 5 years of sponsor exercising treaty rights (if sponsor is not settled).
So if married 5+ years and in UK 5+ years then apply for confirmation of PR"

Is that a 5 year wait, or a 10 year wait ?

We married in China September 2012, and then left China, and was in Germany for several months (Surinder Singh) before obtaining Entry Clearance to UK.

I remember reading some where, that, (could be wrong information) married time abroad, up to 1 year, could count to the 5 years, of waiting to the EEA2 to complete.

Getting back to your post, do we wait until the day just after her EEA2 expires, then send in the EEA4 stuff?

Then wait for the PR card, then citizenship test?

Many thanks.
GW.
The 5 years run concurrently.
So (in this SS case) after 5 years from entry into UK spouse may apply.

As mentioned above the date of RC is irrelevant.
Its 5 years in UK that counts.
- that is, assuming wife can prove date of entry.

No, married time abroad does not count in this context.

Apply for PRC after 5th year in UK (not necessarily on random expiry date of RC).

Once PRC is in the bag apply for citizenship. Citizenship test (LITUK) is part of it but there's more to it than that.

Start checking and collating evidence (although you will also have 6 months waiting time for PRC).
See https://www.gov.uk/government/uploads/s ... e_2016.pdf
&
https://www.gov.uk/government/uploads/s ... r_2016.pdf

Re: After EEA2 expires in 5 years

Posted: Sun Dec 04, 2016 11:25 am
by ohara
Graham Weifang wrote:Hi all,
1 more year on from my opening post on this EEA 4 subject.
We have looked at the EEA 4 forms, and they look just as daunting as the EEA 2 forms did.
Just out of interest, which form(s) are you actually looking at? As the current UKVI form to apply for a DCPR or PR card is called EEA(PR).

That's not to say you cannot use the old EEA4 form if you can find one, I was just curious as to whether you had seen the current form.

Re: After EEA2 expires in 5 years

Posted: Sun Dec 04, 2016 2:17 pm
by Graham Weifang
ohara wrote:
Graham Weifang wrote:Hi all,
1 more year on from my opening post on this EEA 4 subject.
We have looked at the EEA 4 forms, and they look just as daunting as the EEA 2 forms did.
Just out of interest, which form(s) are you actually looking at? As the current UKVI form to apply for a DCPR or PR card is called EEA(PR).

That's not to say you cannot use the old EEA4 form if you can find one, I was just curious as to whether you had seen the current form.
Thank you,

I (we) had not seen the EEA(PR).
I assumed it was for us to still complete the REA4 form.
Thanks for that infoI have an ERA4 form on my computer, from last year.

Can I ask, what is UKVI, and what is DCPR ? please.

GW.

Re: After EEA2 expires in 5 years

Posted: Sun Dec 04, 2016 4:22 pm
by noajthan
Graham Weifang wrote:
ohara wrote:
Graham Weifang wrote:Hi all,
1 more year on from my opening post on this EEA 4 subject.
We have looked at the EEA 4 forms, and they look just as daunting as the EEA 2 forms did.
Just out of interest, which form(s) are you actually looking at? As the current UKVI form to apply for a DCPR or PR card is called EEA(PR).

That's not to say you cannot use the old EEA4 form if you can find one, I was just curious as to whether you had seen the current form.
Thank you,

I (we) had not seen the EEA(PR).
I assumed it was for us to still complete the REA4 form.
Thanks for that infoI have an ERA4 form on my computer, from last year.

Can I ask, what is UKVI, and what is DCPR ? please.

GW.
Don't assume anything with UKVI/HO.

For example:
  • SS rules have changed since your SS sojourn.
    DCPR is now mandatory (for those on EU migration route) for naturalisation.
& etc

In this context:
  • DCPR - Document Certifying Permanent Residence

    UKVI - UK Visas & Immigration

Re: After EEA2 expires in 5 years

Posted: Mon Dec 05, 2016 11:31 am
by ohara
The EEA(PR) form has existed for at least 12 months. It is a monster 85 page form which combines (and replaces) the old EEA3, EEA4, and RoR forms into a single, multi-use form.

As per EU law (and UKVI guidance) though it is not mandatory to use it. You can still use the EEA4 form you have, or if you're confident enough and up to scratch with the legislation, you can simply send a letter.

If you do choose to use the EEA4 form, make sure it has the correct address (if the form mentions UKBA anywhere, it's almost certainly the wrong address). Current EEA applications are dealt with in Durham.

Also, make sure the payment page on the form lists the fee as £65 (again, it used to be lower/free in the past).

Lastly, ensure it has the biometrics section. It is now mandatory for non-EEA nationals to enrol biometric information (photo/fingerprints) as part of EEA applications. An EEA4 form dating from before this requirement will not include this section. If yours doesn't have it, you can simply print the biometric section from the EEA(PR) form and include that.

Re: After EEA2 expires in 5 years

Posted: Thu Dec 08, 2016 2:21 pm
by Graham Weifang
Thank you very much Ohara

Your explanation above is clear, and easy to understand.


Thanks

GW

Re: After EEA2 expires in 5 years

Posted: Wed Jul 05, 2017 9:13 am
by Graham Weifang
Hello to all,

Just writing a few lines to keep this thread alive. with a question at the end, = Hope no one minds.

My wife's entry into UK was 22 October 2013, as the date stamped by UK immigration, on her UK entry clearance visa, when we entered UK
So we are eagerly awaiting 22 October 2018, just 1 year and 3 months away.

As a reminder, her EEA2 vignette in her Chinese passport renewal date is 20 March 2019, (so it took us 6 months to get her EEA2.)

So as soon as the 5 years is completed on 22 October 2018, my wife should apply for "LIFE IN UK TEST" and hopefully pass it without too much difficulty.
Then onto the forms, , , , , , ,

We have both been fully employed and working from my return into UK, and my wife's entry into UK.
P60's taxes, NI, and all that go's with it.

QUESTION

As the UK begins it's transfer out of EU legislation, is there anything that has changed, or likely to change that we need to be aware of?
I do have an EEA 4 form on my computer which has the Durham address, and does mention £65.00 cost.
Or do I use the newer 85 monster form current UKVI form to apply for a DCPR or PR card is called EEA (PR).
DCPR - Document Certifying Permanent Residence
UKVI - UK Visas & Immigration

Thanks,

Graham

Re: After EEA2 expires in 5 years

Posted: Wed Jul 05, 2017 5:49 pm
by greatscott
Graham Weifang wrote:Hello to all,

Just writing a few lines to keep this thread alive. with a question at the end, = Hope no one minds.

My wife's entry into UK was 22 October 2013, as the date stamped by UK immigration, on her UK entry clearance visa, when we entered UK
So we are eagerly awaiting 22 October 2018, just 1 year and 3 months away.

As a reminder, her EEA2 vignette in her Chinese passport renewal date is 20 March 2019, (so it took us 6 months to get her EEA2.)

So as soon as the 5 years is completed on 22 October 2018, my wife should apply for "LIFE IN UK TEST" and hopefully pass it without too much difficulty.
Then onto the forms, , , , , , ,

We have both been fully employed and working from my return into UK, and my wife's entry into UK.
P60's taxes, NI, and all that go's with it.

QUESTION

As the UK begins it's transfer out of EU legislation, is there anything that has changed, or likely to change that we need to be aware of?
I do have an EEA 4 form on my computer which has the Durham address, and does mention £65.00 cost.
Or do I use the newer 85 monster form current UKVI form to apply for a DCPR or PR card is called EEA (PR).
DCPR - Document Certifying Permanent Residence
UKVI - UK Visas & Immigration

Thanks,

Graham
Graham, I remember your posts from 5 years ago.
We are now required to turn water into wine my friend !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!...... Eind apparently is being ignored. All the years you as BC were living in the UK after your return now require documentation of employment etc!!!!!!!! see the reply I received below about this.
Postby CR001 » Sun Jul 02, 2017 1:34 pm

There was a rule change on 25th November last year. See lengthy discussion topic linked below.

eea-route-applications/new-eea-regulation-that-violates-eu-law-coming-into-effect-t219308.html

Re: After EEA2 expires in 5 years

Posted: Thu Jul 06, 2017 8:09 am
by Graham Weifang
Graham, I remember your posts from 5 years ago.
We are now required to turn water into wine my friend !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!...... Eind apparently is being ignored.
All the years you as BC were living in the UK after your return now require documentation of employment etc!!!!!!!! see the reply I received below about this.

Postby CR001 » Sun Jul 02, 2017 1:34 pm

There was a rule change on 25th November last year. See lengthy discussion topic linked below.

eea-route-applications/new-eea-regulation-that-violates-eu-law-coming-into-effect-t219308.html

OK,
So that shouldn't be a problem for us at all then.
We have been meticulous in keeping all our payslips and P60's

So nothing else changed them, ?

GW

PS, not sure what Eind has to do with our application, but anyhow, , , , ,

Re: After EEA2 expires in 5 years

Posted: Thu Jul 06, 2017 9:09 am
by Richard W
Graham Weifang wrote: So nothing else changed them, ?

GW

PS, not sure what Eind has to do with our application, but anyhow, , , , ,
Eind meant that it wasn't necessary that you would have been a 'qualified person' for the 5 years if you had been a Dutchman.

The other worry is that the Home Office appears to be refusing (more precisely, demanding relevant evidence - I know of no actual refusals yet) Surinder Singh rights at the PR stage if the reason that time was spent in another EU state was to obtain Surinder Singh rights. (This refusal is also contrary to EU law, but fully in accordance with Article 9(4)(a) of the 2016 EEA Regulations.) Having been granted a residence card under the previous regulations is not enough for a Surinder Singh claim to continue to be accepted.

Another worrying threat at the moment is that the UK government is giving no hint that the rights of Surinder Singhers will be respected. So far, the EU27 position is that these rights should be respected. In the worst case, your wife may need to apply for naturalisation before the UK leaves the EU, which means that LitUK and a certificate of English competence need to be put in place in good time. It's possible that non-EU PR processing times might improve as PR becomes meaningless. Otherwise, if the UK government will deny Surinder Singh rights, the only way I see for her to qualify for naturalisation might be for her to get an Irish visit visa to return to the UK from Ireland and thereby, in conjunction with her Surinder Singh right, qualify as settled in the UK. If this route existed, it's still open.

Re: After EEA2 expires in 5 years

Posted: Wed Aug 23, 2017 9:37 am
by Graham Weifang
Hi Richard,

We will be applying for my wife's naturalisation as soon as she is eligible.
We both arrived in UK together in October 2013, as her date stamp on her UK Entry Clearance (visa)
She gained her EEA2 Residence document vignette in march the following year, 2014.

Our understanding is that 5 years from entry into UK, ie 5 years from October 2013, in October 2018, she will be eligible to submit her EEA4, or it's new replacement.
With us providing all the same documentation that we provided when we submitted for her EEA2.
At the same time, she will undertake and pass her "Life in UK Test"
Then with the return of her EEA4, plus her Life in UK, she would apply for naturalisation.
We expect EEA4 (or its then equivalent) to take 5 months.
All being well, she should become a British citizen some time around March 2019.

If there are any errors in our plans then can folk please highlight them for us.

Should add, we have both been fully employed from our arrival in UK, and still are both fully employed, together both of us grossing above 80k GBP with our own paid off home in UK.

Thanks

Graham

Re: After EEA2 expires in 5 years

Posted: Wed Aug 23, 2017 10:11 am
by CR001
At the same time, she will undertake and pass her "Life in UK Test"
LIUK is not required for EEA4.
Then with the return of her EEA4, plus her Life in UK, she would apply for naturalisation.
She will also need English B1 SELT test for citizenship.
We expect EEA4 (or its then equivalent) to take 5 months.
Sometimes a bit longer.
All being well, she should become a British citizen some time around March 2019.
Citizenship is a completely separate application she makes once she has received her PR card. Citizenship applications also take between 2 and 6 months, sometimes longer.

Re: After EEA2 expires in 5 years

Posted: Tue Aug 29, 2017 11:40 am
by Graham Weifang
CR001 wrote:
Wed Aug 23, 2017 10:11 am
At the same time, she will undertake and pass her "Life in UK Test"
LIUK is not required for EEA4.
Then with the return of her EEA4, plus her Life in UK, she would apply for naturalisation.
She will also need English B1 SELT test for citizenship.
We expect EEA4 (or its then equivalent) to take 5 months.
Sometimes a bit longer.
All being well, she should become a British citizen some time around March 2019.
Citizenship is a completely separate application she makes once she has received her PR card. Citizenship applications also take between 2 and 6 months, sometimes longer.
Hi CR001,

Thanks for the replies.

Firstly, are you sure that Life in UK is not required for citizenship, and finally Br. passport?

Secondly, I believe that even though my wife is from China, and would generally need the English test, I believe there are some cases where this English test is waived.
EG, she has done he English GCSE,in an college here in UK, and passed with a "C", (also did GCSE maths and smashed it with an "A") and is currently at Manchester metropolitan University, finishing off her Chartered Accountancy.

Thanks,

GW

Re: After EEA2 expires in 5 years

Posted: Tue Aug 29, 2017 12:00 pm
by CR001
Firstly, are you sure that Life in UK is not required for citizenship, and finally Br. passport?
Did I say LIUK wasn't required? I stated ' she will ALSO need Egnlis.......' :idea:
Secondly, I believe that even though my wife is from China, and would generally need the English test, I believe there are some cases where this English test is waived.
EG, she has done he English GCSE,in an college here in UK, and passed with a "C", (also did GCSE maths and smashed it with an "A") and is currently at Manchester metropolitan University, finishing off her Chartered Accountancy.
GCSE's (at school/college) are not accepted. She needs a UK degree or the English B1 test from an HO approved test provider.

Re: After EEA2 expires in 5 years

Posted: Wed Sep 06, 2017 8:37 am
by Graham Weifang
Hi,

Thanks for the confirmations.
Fortunately my Chinese wife will have no problem with the B2 English test, her English is very good, it will simply be a small additional cost for us.
My wife is currently at a university undertaking her Chartered Accountants degree.

GW

Re: After EEA2 expires in 5 years

Posted: Wed Jan 24, 2018 8:15 pm
by Graham Weifang
noajthan wrote:
Sun Dec 04, 2016 4:22 pm
Graham Weifang wrote:
ohara wrote:
Graham Weifang wrote:Hi all,
1 more year on from my opening post on this EEA 4 subject.
We have looked at the EEA 4 forms, and they look just as daunting as the EEA 2 forms did.
Just out of interest, which form(s) are you actually looking at? As the current UKVI form to apply for a DCPR or PR card is called EEA(PR).

That's not to say you cannot use the old EEA4 form if you can find one, I was just curious as to whether you had seen the current form.
Thank you,

I (we) had not seen the EEA(PR).
I assumed it was for us to still complete the REA4 form.
Thanks for that infoI have an ERA4 form on my computer, from last year.

Can I ask, what is UKVI, and what is DCPR ? please.

GW.
Don't assume anything with UKVI/HO.

For example:
  • SS rules have changed since your SS sojourn.
    DCPR is now mandatory (for those on EU migration route) for naturalisation.
& etc

In this context:
  • DCPR - Document Certifying Permanent Residence

    UKVI - UK Visas & Immigration
Hi Noajthan,

I have looked online, and it appears that Document Certifying Permanent Residence is now available for online applications.

https://visas-immigration.service.gov.uk/product/eea-pr