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Application for EEA4

Posted: Fri Sep 18, 2015 10:07 am
by Elmac
Hi, I am about to apply for my EEA4 and have got some questions about the application form. First of all, would it be worth getting solicitor involved or just do it myself ? I have looked at the actual form and some of the questions need dates which I don't remember, what do I put then ?? like - "when you first entered the UK ?" do I put the very very first time I have came over ??? which was over 15 years ago as a student and then left. Also during the five years of my residence card we went on holidays and I only remember the months when we were away, but not the actual dates ( they didn't stamp my passport within EU as travelled with EU husband). Do I just write the month and year then ?

Thank you in advance for any answers . :)

Re: Application for EEA4

Posted: Sat Sep 19, 2015 11:05 am
by noajthan
Elmac wrote:Hi, I am about to apply for my EEA4 and have got some questions about the application form. First of all, would it be worth getting solicitor involved or just do it myself ? I have looked at the actual form and some of the questions need dates which I don't remember, what do I put then ?? like - "when you first entered the UK ?" do I put the very very first time I have came over ??? which was over 15 years ago as a student and then left. Also during the five years of my residence card we went on holidays and I only remember the months when we were away, but not the actual dates ( they didn't stamp my passport within EU as travelled with EU husband). Do I just write the month and year then ?

Thank you in advance for any answers . :)
Many people do not use a solicitor.

Suggest print a copy of the form & practice filling it in.
See how much information is actually inaccurate or missing.

You may have to add a cover letter explaining what are the estimated dates.
At least try for year or month & year.
Ask family members if they remember some of your dates.

The date of first entry is quite important - try to make an effort on that one.

You may be able to recall why you came to UK, for example work or study (?).
So working back, dates from a relevant organisation will help you figure out when you actually arrived.

You could also request a SAR; UK Border Force may well have records of your transits across UK borders (even if passport was not stamped).
See https://www.gov.uk/government/publicati ... mmigration

Remember, at the end of the day it is your responsibility to provide all relevant information or the application may fail.

Re: Application for EEA4

Posted: Mon Sep 21, 2015 3:49 pm
by monasiller
Hey there,

I am currently looking into my husband's EEA4/ Permanent Residency application.

He was in a similar situation (student visa in 2005 and 2066 but went back to Brazil, where he is from) but came back together with me in February 2011. I am Austrian so we need to wait for 5 years until he can apply but I am not sure when exactly we can apply. Do we have to wait until the 5 years are over exactly (so apply on 23rd February 2016) or can we actually apply beforehands (maybe a month or so)?

Also, I do not understand anything about insurance. I am in a permanent role and pay my NHS contribution but my husband is contractor (receiving NMW so I guess also pays his NHS contribution). DO I need to pay special attention here?

Thanks,
Monika

Re: Application for EEA4

Posted: Mon Sep 21, 2015 10:13 pm
by noajthan
monasiller wrote:Hey there,

I am currently looking into my husband's EEA4/ Permanent Residency application.

He was in a similar situation (student visa in 2005 and 2066 but went back to Brazil, where he is from) but came back together with me in February 2011. I am Austrian so we need to wait for 5 years until he can apply but I am not sure when exactly we can apply. Do we have to wait until the 5 years are over exactly (so apply on 23rd February 2016) or can we actually apply beforehands (maybe a month or so)?

Also, I do not understand anything about insurance. I am in a permanent role and pay my NHS contribution but my husband is contractor (receiving NMW so I guess also pays his NHS contribution). DO I need to pay special attention here?

Thanks,
Monika
The absence after 2006 will have terminated UK residency.

Your return to UK as an EEA national & qualified person exercising treaty rights will have restarted your PR clock in 2011.

If you remain in UK exercising such rights continuously for 5 years you should acquire PR automatically in 2016. Your husband as dependent family member should then acquire PR too.

Note: As important & rewarding as I'm sure your husband's work is the important factor is your status as his sponsor exercising your treaty rights;
his activity in UK, as long as it is legal, is immaterial (at least in terms of EU rules)

Note you don't apply for PR.
PR is acquired automatically after 5 years of exercising treaty rights, so you cannot 'apply before 5 years'.

When you think you have acquired PR you can apply for an optional PR card.
This confirms your status (it doesn't 'grant' your status).

PR is settled status. After 12 months of being free from immigration time restrictions with settled status (ie by holding PR) you could apply for the privilege of citizenship;
(assuming all other requirements for naturalisation can be met).

Regarding insurance, I think by "NHS insurance" you mean NI.
Not sure what you mean by "NMW".

If you are asking if you are entitled to use the NHS then yes I believe you are, as you are ordinarily resident in UK.

If you are asking do you need evidence of CSI then no, you do not, as you are in the worker category of qualified person (under EU rules).
(Only students & self-sufficient persons need to hold CSI to maintain treaty rights).

Re: Application for EEA4

Posted: Tue Sep 22, 2015 1:13 pm
by Naijablessed
Sorry all but how can I get in touch with Obie please. Need some sound advice on my PR application. Thanks.

Re: Application for EEA4

Posted: Wed Sep 23, 2015 10:19 am
by Elmac
Thank you noajthan :) you have confirmed my thoughts on that one. Cover letter is a great idea, will give me chance to explain any missing dates.

Re: Application for EEA4

Posted: Wed Sep 23, 2015 5:26 pm
by monasiller
Thanks, noajthan for all the clarification.

Yes, I meant NI contribution. and with "NMW" I meant National Minimum Wage. I guess we will be fine then as we are both entitled to use the NHS services.

We will definitely request a PR card as I was told that my husband can then apply for a passport (just like you confirmed).


Thanks again, this really helped a lot. :)

Monika

Re: Application for EEA4

Posted: Wed Sep 23, 2015 5:40 pm
by noajthan
monasiller wrote:Thanks, noajthan for all the clarification.

Yes, I meant NI contribution. and with "NMW" I meant National Minimum Wage. I guess we will be fine then as we are both entitled to use the NHS services.

We will definitely request a PR card as I was told that my husband can then apply for a passport (just like you confirmed).

Thanks again, this really helped a lot. :)

Monika
Just to clarify, once someone has settled status, the next step is to apply for citizenship.

Assuming citizenship is granted (based on all requirements), applying for a first British passport is the final & separate step.

Good luck.