EEA 3 & 4

[Petana]

Hi, hope you could help a bit. Myself and my husband ( asylum seeker with pending ILR application for 3 years now) would like to apply for settlement at the same time. Home Office advised that it might be faster he claims through his wife rather than waiting the queue for legacy case pending.

We are both working and have been married since October 2005. I am EU and my husband non-EU. I will be eligible for permanent residency in November 2009 ( following 5 years since registration of work permit). We have been together for 8 years and can prove it all.

My question is: can we apply for permanent residency at the same time in November 2009? Does it have to be done by post or can we do it in person? I believe there is no fee for this application but it's a lenghy process and I should only apply 30 days prior to November 2009.

Any advice is appreciated. Many thanks,Petana

[Plum70]

My question is: can we apply for permanent residency at the same time in November 2009? Does it have to be done by post or can we do it in person? I believe there is no fee for this application but it's a lenghy process and I should only apply 30 days prior to November 2009.

Under EU law you will automatically qualify for PR in november 09 provided you were resident (physically present) and exercising treaty rights in the UK since November 04. The EEA3 application is confirmation of this automatic right to PR.

The same is true for your husband: He will qualify for PR in his own rights (as the non-EEA family member of a qualified union citizen) in October 2010 (5 years from the day of marriage), not before.

You will need to lodge your EEA3 application by post (in-person service available for EAA1 applications only) and, contrary to what you think, it is a straightforward process; the only hiccup being the current processing delay of up to 12 months. Having said this, you do not need to submit your passport with the initial application (or submit your ID card in lieu) and the UKBA will request it when needed.

[Petana]

Thank you for the prompt answer. Can my husband apply via EEA2 now and then EEA4 when he qualifies next year? Would HO give him travel document or does the permit need to be stamped in to the passport? Also we could then go and travel and he will be admitted back to the UK right?many thanks

[thsths]

Thank you for the prompt answer. Can my husband apply via EEA2 now and then EEA4 when he qualifies next year?

Yes, he can do that. Unfortunately, EEA2 application take quite a while, around 9 months it seems.