EEA Family Permit visa, then 5 year EEA2, then what?

[Graham Weifang]

Hi all,

We ( I UK citizen) were successful in getting a EEA Family Permit visa fro my Chinese wife, while I was working in Germany for 3 months (Surinder Singh)
We then entered UK together with no problems.
A month after we arrived in UK, we completed the EEA2 form for a residence card for my wife.
As we were patient with Home Office, in not asking for any of our documents, or passports back early, my wife now has a vignette in her Chinese passport.
This is valid until 2019, which is 5 years.

I would like to now confirm, that at the end of the 5 years, the next step of the process, for indefinite leave to remain, British citizenship, or naturalisation etc, providing she has not been out of UK for more than 180 days in any one of the 5 counting years?

I know 5 years is a long way off, but no one seems to be refused any thing, due to "over preparation"

Am I right is thinking the next application should be EEA4 = Application for permanent residence card ?

GW

[chaoclive]

Yes, EEA4 (PR) will be your next step as you are on the European route. The requirement is that you (the EEA citizen, in this case the British citizen) are exercising treaty rights for the whole 5 years (working/studying with CSI etc).

[askmeplz82]

Yes, EEA4 (PR) will be your next step as you are on the European route. The requirement is that you (the EEA citizen, in this case the British citizen) are exercising treaty rights for the whole 5 years (working/studying with CSI etc).

NO

in accordance with the judgment of the Court of Justice of the European Union (ECJ) in the case of Eind (C291/05), EEA nationals ( here UK ) who return to the UK after exercising free movement rights as a worker or self-employed person in another EEA state are not required to be a worker or self-employed person on their return to the UK in order for their family members who resided with them in the host member state to enjoy a right of residence.

This means that applications from family members of UK nationals who qualify under Regulation 9 would be treated in the same way as if they were an EEA national who had acquired permanent residence in the UK.

[chaoclive]

Oh...sorry I didn't know that!

Does that mean that British citizens who have exercised treaty rights in another EEA country and then returned to the UK will be exempt from having to prove treaty rights for their whole period of their stay in the UK?

So is EEA 4 their next step then?

[LunarGirl]

Everything in askmeplz82's post is what I understand to be accurate. I know of several British people who have exercised their treaty rights by working in an European country and then returned home under the SS ruling. Many struggle with being back, in terms of getting housing and jobs sorted. They rely on claiming JSA, housing benefit and tax credits to get by. They know because of the Eind ruling that they do not have to work. However I'm certain that a lot of them are unaware of the fact that if they claim public funds that they jeopardising their PR, if what you say is correct.

[askmeplz82]

In Surinder Singh type cases, you need to show that the person has resided in an EEA state as a worker or Self-Employed person. After that, only evidence of 5 years residency period in the UK is required for EEA4

[LunarGirl]

Thanks for clarifying the fact about public funds askmeplz (and editing your previous post). This doesn't apply in my case I was just curious as to how it would affect those who are going down the SS route.

[Graham Weifang]

Thanks every one.
We arrived back in UK, in October 2013, after I worked in Germany.

Now back in UK, we both have jobs, and are rather pleased with our progress.
The Residence confirmation, is by way of a vignette, in my non-EEA wife's passport.

As I understand the process, I need be a worker, or be a job-seeker, ie, can claim JSA, and sign every 2 weeks.
My wife need not actually do any thing, ie, she need not be a worker, and she need not be seeking work, ie, claiming JSA.

Obviously though, we are both gainfully employed, and we could quite easily live on either one of our wages, so if either one of us lost our employment, we would still not be able to claim any JSA.

So, at least I know that our next form is the EEA4, due in 5 years time.

GW

[Jambo]

See similar discussion - here.

Also see Q1 & Q5 in the Citizenship FAQs - Common Questions - Read before posting.

If BC is the goal, I would skip EEA4 and apply directly for BC after completing 5 years of residence in the UK.

[Graham Weifang]

See similar discussion - here.

Also see Q1 & Q5 in the Citizenship FAQs - Common Questions - Read before posting.

If BC is the goal, I would skip EEA4 and apply directly for BC after completing 5 years of residence in the UK.

.
Thanks Jambo.

Turning back to the link you provided, and the subsequent Q&A,

""Q5: What are the requirements once you return to the UK? When can a Residence Card be applied for?

Once you are back in the UK, there are no specific requirements. Under the Surinder Singh route, only the activities in the other member state matter. You are not required to work in the UK in order for the family member to reside in the UK.

It is advisable for the family member to apply for a Residence Card using form EEA2. The form has a dedicated section for Surinder Singh cases. You will need to provide (again) evidence of the British national employment in the other member state and evidence of residence there. The application can be made any time once you return.

After 5 years of residence, an application for Confirmation of PR status using form EEA4 can be applied for. Again, the same evidence from the other member state is required. Once a PR status has been obtained (after 5 years of residence), the non-EEA national can apply for British citizenship as a spouse of BC.""

How could she skip EEA4 and apply directly for BC after completing 5 years of residence in the UK.?
Not quite with you there,

GW

[dalebutt]

You seem to enjoy asking questions GW. Because PR is obtained automatically, and being a spouse of a British citizens means one can apply for BC the moment one is free from immigration control.

[Jambo]

See similar discussion - here.

Also see Q1 & Q5 in the Citizenship FAQs - Common Questions - Read before posting.

If BC is the goal, I would skip EEA4 and apply directly for BC after completing 5 years of residence in the UK.

.
Thanks Jambo.

Turning back to the link you provided, and the subsequent Q&A,

""Q5: What are the requirements once you return to the UK? When can a Residence Card be applied for?

Once you are back in the UK, there are no specific requirements. Under the Surinder Singh route, only the activities in the other member state matter. You are not required to work in the UK in order for the family member to reside in the UK.

It is advisable for the family member to apply for a Residence Card using form EEA2. The form has a dedicated section for Surinder Singh cases. You will need to provide (again) evidence of the British national employment in the other member state and evidence of residence there. The application can be made any time once you return.

After 5 years of residence, an application for Confirmation of PR status using form EEA4 can be applied for. Again, the same evidence from the other member state is required. Once a PR status has been obtained (after 5 years of residence), the non-EEA national can apply for British citizenship as a spouse of BC.""

How could she skip EEA4 and apply directly for BC after completing 5 years of residence in the UK.?
Not quite with you there,

GW

I thought that Q5 in the second link (Citizenship FAQ) answers that. Have a read first and feel free to ask any question (Q5 talks about 6 years because most people on EU route are not married to BC. If married to BC, you can apply once you obtain PR).

[Graham Weifang]

You seem to enjoy asking questions GW. Because PR is obtained automatically, and being a spouse of a British citizens means one can apply for BC the moment one is free from immigration control.

.
And the point being?

GW

[dalebutt]

The point being do a bit of reading, if you had read the link jambo posted you would have had the answer to your question, this isn't about this post, you have created numerous thread in the past to which answers can be easily found on the forum if you took your time to read through.