Immigrationboards.com

Hi all,

I'd really appreciate some advice....

I came to the UK with my Polish wife in 2001. Since then I have held Ancestry Visas.
My wife had an Ancestry Visa between 2003-2007, but didn't renew it like I did in 2007 due to her Polish citizenship. She got a Worker Registration Certificate in June 2007.

So bottom line is we've both been living in the UK for 10 years but my wife has had her worker registration certificate for only 4.5 yrs. My current ancestry visa will expire next year. I know I can get ILR via form Set(O), but I want to see if I can get permanent residency using the EEA4 route instead. The reason is that it will save me a huge sum.

Very grateful for your advice.

What has your wife been doing in the UK in the last 4+ years? Working, self employed, studying?

You will be able to apply for permanent residency once you have resided in the UK for 5 years, provided your wife is a qualified person. The application is free and is usually decided within 6 months.

Plum70 wrote:What has your wife been doing in the UK in the last 4+ years? Working, self employed, studying?

You will be able to apply for permanent residency once you have resided in the UK for 5 years, provided your wife is a qualified person. The application is free and is usually decided within 6 months.

She has been working full time since 2001.
I've been working full time since 2003.

Many thanks for your reply

RJT wrote:

Plum70 wrote:What has your wife been doing in the UK in the last 4+ years? Working, self employed, studying?

You will be able to apply for permanent residency once you have resided in the UK for 5 years, provided your wife is a qualified person. The application is free and is usually decided within 6 months.

She has been working full time since 2001.
I've been working full time since 2003.

Many thanks for your reply

Perfect! Once you have clocked five years of residence in the UK alongside your wife (absences of up to 6 months per year discounted & longer absences discounted by the UKBA's discretion), then simply apply for PR using form EEA4. All details on the UKBA website.

Plum70 wrote:

RJT wrote:

Plum70 wrote:What has your wife been doing in the UK in the last 4+ years? Working, self employed, studying?

You will be able to apply for permanent residency once you have resided in the UK for 5 years, provided your wife is a qualified person. The application is free and is usually decided within 6 months.

She has been working full time since 2001.
I've been working full time since 2003.

Many thanks for your reply

Perfect! Once you have clocked five years of residence in the UK alongside your wife (absences of up to 6 months per year discounted & longer absences discounted by the UKBA's discretion), then simply apply for PR using form EEA4. All details on the UKBA website.

Thanks very much for the feedback. This seems right to me. Unfortunately I rang UKBA today and the rather unhelpful lady on the phone said that I couldn't change 'routes' halfway. i.e. because I have followed an Ancestry Visa route until now, I would have to start my 5 years in the UK again if I wanted to pursue permanent residency under EU law.

What do you think, could this be right?

RJT wrote:Unfortunately I rang UKBA today and the rather unhelpful lady on the phone said that I couldn't change 'routes' halfway. i.e. because I have followed an Ancestry Visa route until now, I would have to start my 5 years in the UK again if I wanted to pursue permanent residency under EU law.

What do you think, could this be right?

What a load of tripe! Your legal residence in the UK is not determined by whether you apply for a residence card or not; it is primarily dependent on the r/ship with your union family member and whether or not they are a qualified person - i.e exercising treaty rights in some capacity; A RC merely confirms this. The UKBA's site also explicitly states that it is not mandatory to apply for a RC (read the 'Do you need to apply bit'): http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/

In your case, your wife is a qualified worker and therefore, just as you automatically acquired residence 4.5 years ago, you will automatically acquire PR after 5 continuous years in the UK. It is advisable for administration formalities to apply for confirmation of this by using form EEA4 here: http://www.ukba.homeoffice.gov.uk/sitec ... /eea41.pdf

It is always best to know what the law says about your rights as opposed to relying on 'word of mouth' from agents who quite frankly don't seem to be too fussed about fully understanding and administering the EU directive (at least in the UK).

Hope this helps.

I second that.

You can always "switch" to EEA route and it will not reset your 5 years. If you meet the criteria, you can apply for PR.

Did you talk to someone from the European advisor team in the UKBA or was it the general number you called?

Jambo wrote:I second that.

You can always "switch" to EEA route and it will not reset your 5 years. If you meet the criteria, you can apply for PR.

Did you talk to someone from the European advisor team in the UKBA or was it the general number you called?

It was the European Advisor Team I think, but I called the general number and pressed the various number options to speak to them.

Plum70 wrote:

RJT wrote:Unfortunately I rang UKBA today and the rather unhelpful lady on the phone said that I couldn't change 'routes' halfway. i.e. because I have followed an Ancestry Visa route until now, I would have to start my 5 years in the UK again if I wanted to pursue permanent residency under EU law.

What do you think, could this be right?

What a load of tripe! Your legal residence in the UK is not determined by whether you apply for a residence card or not; it is primarily dependent on the r/ship with your union family member and whether or not they are a qualified person - i.e exercising treaty rights in some capacity; A RC merely confirms this. The UKBA's site also explicitly states that it is not mandatory to apply for a RC (read the 'Do you need to apply bit'): http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/

In your case, your wife is a qualified worker and therefore, just as you automatically acquired residence 4.5 years ago, you will automatically acquire PR after 5 continuous years in the UK. It is advisable for administration formalities to apply for confirmation of this by using form EEA4 here: http://www.ukba.homeoffice.gov.uk/sitec ... /eea41.pdf

It is always best to know what the law says about your rights as opposed to relying on 'word of mouth' from agents who quite frankly don't seem to be too fussed about fully understanding and administering the EU directive (at least in the UK).

Hope this helps.

This is very helpful. Thank you!