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Applying for EEA4. Do I also need to apply for EEA3?

Posted: Tue Nov 17, 2009 7:50 pm
by Iira
My husband is applying for EEA4 and I just realized that I might need to apply for EEA3 as well.

Here is the situation...I've got a Residence card 5 years ago with form EEC1 (I'm the EU national). Does this Residence card need to be done again with EEA3 form?

In case form EEA3 needs to be sent as well, does anybody know if my children need to be included in the form and will need their own resident cards? My children are both EU nationals as well.

Thank you very much in advance.

Posted: Tue Nov 17, 2009 9:06 pm
by kashyme
Hi,
It is not necessary for you to apply for permanent residence by using EEA3 form as you already have PR status if you are exercising treaty rights for 5 years . It is optional and you can bypass this . If you want to apply for british citizenship then you can do so after 1 year of acquiring the PR status . Your kids who are EEA nationals also don`t need to apply for PR using EEA 3.

Good Luck

Posted: Tue Nov 17, 2009 10:04 pm
by Iira
Thank you for your reply.

The reason why I thought I need to apply again is that the PR card has the same expiry date as my husband's stamp on his passport.
It seems is not that "permanent" after all...
Do you still think I don't need to renew it? I cannot find a proper explanation on HO's website.

By the way, I won't be applying for UK nationality at any time.

Thanks.

Posted: Wed Nov 18, 2009 8:05 am
by kashyme
Hi
If you want to apply for confirmation of your permanent residence , you can do so by using EEA3 and include your children in that form as well . That will be for the confirmation of the right that you already have, you can check UKBA website they use the word confirmation of permanent residence. Thesedays the new applications are processed in weeks so I hope you will get your PR documents quickly.

Regards

Posted: Wed Nov 18, 2009 1:52 pm
by Iira
Thank you. I found the following information on the website and it says:

"After you have lived in the United Kingdom for a continuous period of five years you can apply for confirmation of your permanent residence. You will need to have been in employment, self-employment, studying or self-sufficient in the United Kingdom throughout the five-year period."

It says you "can" apply...not "have to" or any idea of why would it better to do so. That's something that confuses me. What if I don't apply? What happens with my expired PR card? Will that interfere with my husband's EEA4?

Any idea of why should I or shouldn't I apply for EEA3?

Thanks.

Posted: Thu Nov 19, 2009 9:14 pm
by kashyme
Hi,
if you don`t want to apply for confirmation of PR by using EEA3, that will not affect your husband`s eligibility to get his confirmation of permanent residence. The only issue is that they will need proof of your exercising treaty rights for 5 years either as employed, self employed, student , self sufficient or retired person. So basically when your husband apply by using EEA4 form he will also have to show your proof of exercising treaty rights .

Regards.