EEA4 - need some clarification and advice

[mjan1]

Hello there, some advice needed if possible, please.

I just noticed that my american wife's visa (right of residence in the UK as a family member of an EEA national...) expired at the end of January and am now franticaly trying to put all the paperwork together to renew it. I thought we would apply for permanent residency via the EEA4 form.

Would someone please be able to answer a couple of questions on the application?:
- Will the fact that the visa has just expired count agaist us and should I call the home office and explain that I'm doing all my best to renew it asap?
- About 20 months ago, I suffered a work accident and been unable to work since then and claiming benefits. Will this go against the application or does it still count as exercising of the treaty rights? I'm retraining and willing to go back to work as soon as possible but I'm unable to at the moment due to health reasons. I've claimed JSA and ESA. I've worked all the time since arriving in the UK in 1996.

If someone could help clarify these, it would be greatly appreciated.

Many thanks.

[86ti]

What you are probably talking about is a residence permit issued in January 2006? Your wife has her rights based on the marriage with you and not by virtue of a piece of paper. In fact, in the UK having a residence card (that's how it is called now) or a permanent one is optional.

If you have been working since 1996 you should have been a permanent resident since long ago which would also mean that any use of public funds is perfectly ok. I do not know what laws where effective then but there were the EEA regulations 2000 and 2006. I am not sure how that may actually work for you. Nowadays, you would need to have lived five continuous years according to the 2006 regulations and permanent residence would be obtained automatically (and can be confirmed by the UKBA if so wanted). Do you have any documentation showing your status? The "new" 2006 rules have transitional provisions that may apply to you.

[mjan1]

Hi 86ti and thanks for the reply...

You are correct, I received a resident permit card in Feb 2006 and my wife got a stamp on her american passport saying she has a right of residence as a family member of a EEA national (me) until the end of January 2011.

I'm confused about your reply so please forgive me. I understand it is optional for me to renew my residents permit and I was not going to worry about that but, what about my wife's permit/passport stamp that just expired? Does that need to be renewed? And if so, is form EEA4 the right way to do it?

Thanks again for your time.

[86ti]

It is optional for both of you. Form EEA4 would be the right one. It's maybe not a bad idea to apply for a PR card.

Is your resident permit a permanent one (does it say something like you can remain indefinitely in the UK) because you say that you have been working since 1996? If so the the time of unemployment/incapacity should be of no problem under any circumstances. I think the 2006 regulations include provision for times of being unable to work (I assume you would have all necessary documents from a doctor) but if you had been a permanent resident at that time then that would obviously make it much easier.

If you do not have a permanent residence permit can you show at least 5 P60s before the time of the accident?

[mjan1]

Wow, I didn't know it was optional for my wife...

I never applied for a resident permit when I first arrived in 96 and only got one in 2006 when I applied for my wife's visa. I just found my resident permit card and it says it expired in Jan 2011 (same date as my wife's visa stamp in her passport).

All documents from my doctors have been sent to the DWP as they needed those to process my ESA but I should be able to get copies without a problem. I don't have 5 p60's but I have letters from the Inland Revenue showing I've been in continuous employment and gives a breakdown of wages, tax paid and NI contributions since 1996.

Do you advice applying for a PR card for my wife anyway?

Thanks again

[86ti]

I never applied for a resident permit when I first arrived in 96 and only got one in 2006 when I applied for my wife's visa. I just found my resident permit card and it says it expired in Jan 2011 (same date as my wife's visa stamp in her passport).

So your permanent residence was never officially confirmed.

Do you advice applying for a PR card for my wife anyway?

Well, what can I say. Where I come from you better always have one document too much than one too less.

If you do apply include the evidence showing those letters from Inland Revenue just to be sure. Processing times appear to be a few months now but less than 6.

[mjan1]

Many thanks for your help. It is much appreciated.