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when to apply for eea3+4

Posted: Tue Jul 19, 2011 4:39 pm
by Punjab
Dear All

Could you please tell me when to apply for eea3+4 if I will have my 5 years completed in Dec 2011?

Can I apply in November 2011 or shall I wait till I pass my date when I will have 5 years in the UK?

Many Thanks

Re: when to apply for eea3+4

Posted: Tue Jul 19, 2011 5:44 pm
by boloney
Punjab wrote:Dear All

Could you please tell me when to apply for eea3+4 if I will have my 5 years completed in Dec 2011?

Can I apply in November 2011 or shall I wait till I pass my date when I will have 5 years in the UK?

Many Thanks
wait till december, my wife entered UK in august 2006, so we still waiting to that date.

Posted: Tue Jul 19, 2011 7:03 pm
by Directive/2004/38/EC
Normally it is 5 years after entering the member state

Posted: Tue Jul 19, 2011 7:51 pm
by 86ti
If we went by Article 20(2) of the Directive the application would have to be made before the residence card expires. But UK's EEA regulations do not make any mention of such a dead line because there is no requirement to have such a card in the first place. The UKBA does not seem to have a policy for the right time to apply.

Given that the application will need time to process (apparently about three to four months at the moment) and PR is "inevitable" at some point in time (I believe the Irish allow application six months early), arguable, it could make sense to send in the application early. Also, pre-checks carried out by the UKBA will be only cursory and relevant dates in a PR application not immediatly evident. Nevertheless, it may be that the application is denied if delt with too early and the caseworker not sensible enough to just let it sit there for a while longer.

Posted: Tue Jul 19, 2011 7:55 pm
by Directive/2004/38/EC
86ti wrote: Nevertheless, it may be that the application is denied if delt with too early and the caseworker not sensible enough to just let it sit there for a while longer.
But there is not much downside to this, other than a bit of hassle and ensuring you have passports/ID cards for travel. If they do not grant it and just send you back the application, then you wait a few days and send it back into them. Eventually you wear them down, they will give in and issue the PR Card!

Posted: Tue Jul 19, 2011 8:15 pm
by 86ti
My worry would be that the application gets passed on to a caseworker and processed just a little bit faster than anticipated. If denied that would obviously waste the time the applicant had hoped to save. But if it is sent in just a month earlier it may actually work out.

Now that the processing times seem to have stabilised I had hoped that the UKBA would finally issue an adequate time policy for PR application.

Posted: Wed Jul 20, 2011 10:19 am
by Punjab
dear All many thanks for your help.

Posted: Thu Oct 06, 2011 2:51 pm
by geriatrix
Punjab wrote:Hi Guys

So if I apply for EEA4 while I have still have EEA2 will they give me EEA4 if I am lawfully living here for 5 years with my wife who is exercising the treaty
Or do i have to waite till my EEA2 runs out


eea2 validy is till NOV 2013

I been married since Dec 2006

Many thanks and its just 11 weeks till Christmas :-)

Posted: Thu Oct 06, 2011 3:36 pm
by pinkpanter
Confused again..!!

I married in September 2006 and RC is going to expire on 7th July 2012. My 5 years PR clock should start from the day I married or when my RC issued TO expiry date.??

My PR is due in September 2011; or
My pr is due on 7th July 2012
???please advice

Posted: Thu Oct 06, 2011 4:08 pm
by Jambo
pinkpanter wrote:Confused again..!!

I married in September 2006 and RC is going to expire on 7th July 2012. My 5 years PR clock should start from the day I married or when my RC issued TO expiry date.??

My PR is due in September 2011; or
My pr is due on 7th July 2012
???please advice
Punjab just asked a question - you don't need to get confused by a question.

All EEA application (by married couples) are merely confirmation by the HO to their immigration status in the UK. As such, the expiry date on them is just an administrative date and has nothing to do with your rights.

You can apply for PR regardless of the date on your EEA2. You can even apply for PR confirmation without applying for EEA2 as long as you meet the requirements.

Posted: Thu Oct 06, 2011 4:12 pm
by pinkpanter
Thanks Jambo!

I am going to apply PR in December this year. Hope everything will be OK!

Posted: Thu Oct 06, 2011 11:41 pm
by Directive/2004/38/EC
pinkpanter wrote:My 5 years PR clock should start from the day I married or when my RC issued TO expiry date.??
Depends on whether you married before or after moving to the UK. See http://eumovement.wordpress.com/2011/05 ... nce-begin/

Posted: Fri Oct 07, 2011 7:40 am
by Guerro
Pr is due after 5 years of living in the uk as a married couple

Posted: Fri Oct 07, 2011 10:38 am
by Plum70
pinkpanter wrote:I am going to apply PR in December this year. Hope everything will be OK!
No reason why it shouldn't unless you are planning on travelling out of the UK over the festive season; there may be delays in returning the passport in time.

Any reason why you're not applying fro PR now (seeing as you got married in Sept. 06)?

Posted: Tue Oct 11, 2011 11:51 am
by pinkpanter
No reason why it shouldn't unless you are planning on travelling out of the UK over the festive season; there may be delays in returning the passport in time.

Any reason why you're not applying fro PR now (seeing as you got married in Sept. 06)?
I have booked my pre-planned holidays end of October and in November I am going to attend my sister's marriage.

Posted: Tue Oct 11, 2011 11:57 am
by pinkpanter

Directive/2004/38/EC Posted: Thu Oct 06, 2011 10:41 pm Post subject:
--------------------------------------------------------------------------------
Depends on whether you married before or after moving to the UK. See http://eumovement.wordpress.com/2011/05 ... nce-begin/
We married in UK in Sept'06 so, it seems 5yrs has already been completed last month.

Posted: Wed Oct 12, 2011 9:32 am
by Directive/2004/38/EC
If you married in the UK, then it is indeed 5 months already gone and so, from the sound of it you already have PR.

Posted: Wed Oct 12, 2011 12:39 pm
by Punjab
Directive/2004/38/EC wrote:If you married in the UK, then it is indeed 5 months already gone and so, from the sound of it you already have PR.
hiya mate whom are you talking with me or pinkster???