Page 1 of 1
Should I use a solicitor for EEA4 application?
Posted: Thu Jun 09, 2011 11:20 pm
by andrej
I am about to apply for PR - EEA4 and am considering using a registered solicitor to work my case. It is quite a bit of money (£600) when considering EEA applications are free if not for the postage. I just know I would not have to worry about papers or moving homes since the solicitor's address is given for correspondence.
My case is rather straight forward. Wife has blue residence permit and my EEA family stamp runs out in August. Have about 2-3kgs of paperwork (her pay slips, p60s, cotracts, our bank statements, bills and so on). Also if I know that we shall move home soon, can I use my family friend's permanent address (he is NOT a lawer) as a correspondence insted of mine?
Any suggestions? Experiences?
Posted: Fri Jun 10, 2011 9:38 am
by Kitty
If your case is straightforward and you have all the evidence, then a solicitor should not be necessary. Are you concerned that you do not meet the requirements for any reason?
When are you moving? Why not just apply for PR after you have moved? You are still legally in the UK after your Residence Card has expired; in fact, if you qualify for PR then you acquire that automatically as well.
If you apply before you move house you must inform the UKBA of the change when it happens anyway (see the EEA4 form). The form does also include a space for a correspondence address, so you could use your friend's address, but presumably you will be updating the UKBA anyway: I would rather instruct them to send correspondence to my own address.
Posted: Fri Jun 10, 2011 9:54 am
by John
You are still legally in the UK after your Residence Card has expired; in fact, if you qualify for PR then you acquire that automatically as well.
All that is true, but it is a question of proving it. If employed it might be difficult to convince an employer of a continuing right to work.
Posted: Fri Jun 10, 2011 10:34 am
by andrej
Kitty wrote:If your case is straightforward and you have all the evidence, then a solicitor should not be necessary. Are you concerned that you do not meet the requirements for any reason?
When are you moving?
I think I am just naturally paranoid and distrust all bureaucrats. Also my Polish wife applied for her Worker Registration Scheme Card when she started her first job in July 2005. She remained in the same job until after she recieved her blue residence permit in August 2006.
The permit states: "the holder of this permit has the right to take up and hold employment...bla, bla... under the same conditions as the UK workers"!
Only after recieving the blue permit did she change jobs but then she did not keep on applying for the Worker's Registration Scheme after that, rightly or wrongly believing that the Residence Permit is enough. Recently someone told us that she should have been applying for the WRS every time she changed the job.
We have all her pay slips since June 2006, P60s since 2008 and proof of address and all... which I am not worried about. Is it true that she need not apply for WRS anymore because she has the blue RP card.
Also I do not know exacly when we shall be moving but sometime in or after August. Is HO quite clued up on address change information? My fear is that even after informing them of change of address they keep on sending letters and stuff to my old address. Like I said I am distrissfull of bureaucracy and their ability to perform smoothly. Thanks.
Posted: Fri Jun 10, 2011 10:58 am
by os_sbs
it is absolute rubbish what you've been told about WRS. She was on WRS for the 1st year of her employment, then received her residence certificate, and that's it. No more need to update her WRS anymore.
Your application seems absolutely straight-forward to me, don't see the point to waste 600 pounds on the solicitors. Better treat your wife to something nice
Regarding addresses: I would use my current address, and after moving houses just send them recorded letter updating the details, followed by a phone call in 1-2 weeks just to double check whether they've updated their system.
Good luck with your application!!
Posted: Fri Jun 10, 2011 11:08 am
by andrej
os_sbs wrote:it is absolute rubbish what you've been told about WRS. She was on WRS for the 1st year of her employment, then received her residence certificate, and that's it. No more need to update her WRS anymore.
Your application seems absolutely straight-forward to me, don't see the point to waste 600 pounds on the solicitors. Better treat your wife to something nice
Regarding addresses: I would use my current address, and after moving houses just send them recorded letter updating the details, followed by a phone call in 1-2 weeks just to double check whether they've updated their system.
Good luck with your application!!
Ohhh thanks a million os_sbs, I am getting myself mentally prepeared for a long wait and no documuments for up to 6 months, maybe more. Want to make sure everything is in order...
Posted: Fri Jun 10, 2011 1:08 pm
by fysicus
Of course, no reason to waste a lot of money on a solicitor. And after you receive your Certificate of Application you can already ask for your passport or other essential documents to be returned.
Processing times have slightly improved, by the way; nowadays it is something like four months.
On moving house, you can also arrange with Royal Mail that post to your old address is forwarded automatically (for a small fee, I believe)
Posted: Fri Jun 10, 2011 1:18 pm
by andrej
fysicus wrote:Of course, no reason to waste a lot of money on a solicitor. And after you receive your Certificate of Application you can already ask for your passport or other essential documents to be returned.
I am starting to agree...
fysicus wrote:Processing times have slightly improved, by the way; nowadays it is something like four months.
I hope so...
fysicus wrote:On moving house, you can also arrange with Royal Mail that post to your old address is forwarded automatically (for a small fee, I believe)
Good idea, thanks.
Posted: Fri Jun 10, 2011 2:28 pm
by os_sbs
mail redirection is a good idea but don't trust 100% to this service.
In my case about 40% of my mail was still delivered to my old address, so it's always good to check your old address from time to time or ask one of your previous neighbours to keep an eye on your post for you.
Posted: Fri Jun 10, 2011 3:09 pm
by Directive/2004/38/EC
andrej wrote:I am getting myself mentally prepeared for a long wait and no documuments for up to 6 months, maybe more.
(1) The processing times are not that long.
(2) You can get your travel documents pack within a month if you so wish and request. And your EU spouse can either submit an Polish national ID card, OR a passport, and so continue to travel through the whole application.
Maybe you can find something more interesting to get mentally prepared for?
Posted: Fri Jun 10, 2011 4:38 pm
by andrej
Directive/2004/38/EC wrote:Maybe you can find something more interesting to get mentally prepared for?
You are right, although sometimes feeling like a 2nd class citizen is stressfull.