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I had a case where someone was eligible in April and applied in January, received his PR in July. Heard other cases where people applied earlier, try 1 or 1.5 months in advance, but it is not failproof so no guaranteed here, the worst is they mist return ur pack before Nov'12 if they refuse after u can appeal as the decision to refuse would have been made after u were eligible, they could have requested additional info so i would suggest applying some time in mid-end of September. There is absolutely nothing to lose except a tenner for special del envelopes there and back, otherwise u save time.Plum70 wrote:Hi Everyone,
I'll soon be joining this group of FMs applying for PR confirmation and wanted to find out how how soon some of you have applied before the actual date of automatic PR acquisition.
I will auto attain PR on 30 Nov '12 (my RC card is valid till Sept. '13) but wondered if I could apply between 2 - 4 weeks in advance of this date? The aim being to try to get things sorted well within the 6 month time frame. My case is straight forward - My husband has confirmation of PR, exercised treaty rights in employment for the last 6 years, we have bills and bank statements in joint names to prove continuous residency for the last 5 years (and I can also throw in my P60s from '07 - '12 if needed), our marriage certificate of course.
Has anyone successfully tried this without the UKBA returning their docs unprocessed?
Thanks mcovet. Encouraging news.mcovet wrote:I had a case where someone was eligible in April and applied in January, received his PR in July. Heard other cases where people applied earlier, try 1 or 1.5 months in advance, but it is not failproof so no guaranteed here, the worst is they mist return ur pack before Nov'12 if they refuse after u can appeal as the decision to refuse would have been made after u were eligible, they could have requested additional info so i would suggest applying some time in mid-end of September. There is absolutely nothing to lose except a tenner for special del envelopes there and back, otherwise u save time.
Thats not how you automatically acquire the PR. There are other requirements too, as you well know. You will have to present proof of residency for at least 3 years. I wish it was that straightforward.Plum70 wrote:I mean that I automatically acquire PR on 30 Nov. which will be exactly 5 years from when my husband and tied the knot.anp wrote:BTW, what do you mean by "I will auto attain PR on 30 Nov '12..."?
You are mistaken. That IS how a family member (spouse) acquires PR. I clearly explained my case so don't see where you've gotten confused. My husband and I have been married for almost 5 years, have (both) exercised treaty rights in employment for at least 5 years and can prove continuous residence for more than 5 years.anp wrote:Thats not how you automatically acquire the PR. There are other requirements too, as you well know. You will have to present proof of residency for at least 3 years. I wish it was that straightforward.Plum70 wrote:I mean that I automatically acquire PR on 30 Nov. which will be exactly 5 years from when my husband and tied the knot.anp wrote:BTW, what do you mean by "I will auto attain PR on 30 Nov '12..."?
I know that. I was only making mention to show that I have flexibility till Sept '13 re proving to employers, financial houses, embassies e.t.c that I have rights of residence should I need my passport back at some point.Furthermore, the expiry date of your RC is irrelavant. I too have applied 4 months before its' expiry.
Now I see where you've gotten it all wrong. PR for a FM of a EU national is attained automatically after 5 years provided they can prove continuous residence for the period and the EU national has been exercising treaty rights for those 5 years OR has attained PR (and preferably has confirmation of this). See relevant part of the EU Regulation here: Article 18&19 of EU Directive 2004//38/EC. Might reassure you.anp wrote:When PR sticker is stamped in your passport, that when you know that you have attained/acquired it. Otherwise, what's the point of EEA4 application?
Plum70 wrote:Now I see where you've gotten it all wrong. PR for a FM of a EU national is attained automatically after 5 years provided they can prove continuous residence for the period and the EU national has been exercising treaty rights for those 5 years OR has attained PR (and preferably has confirmation of this). See relevant part of the EU Regulation here: Article 18&19 of EU Directive 2004//38/EC. Might reassure you.anp wrote:When PR sticker is stamped in your passport, that when you know that you have attained/acquired it. Otherwise, what's the point of EEA4 application?
Btw, why was your application returned unprocessed first time round?
Hi guys, I just want to clear it for you two.Plum70 wrote:Now I see where you've gotten it all wrong. PR for a FM of a EU national is attained automatically after 5 years provided they can prove continuous residence for the period and the EU national has been exercising treaty rights for those 5 years OR has attained PR (and preferably has confirmation of this). See relevant part of the EU Regulation here: Article 18&19 of EU Directive 2004//38/EC. Might reassure you.anp wrote:When PR sticker is stamped in your passport, that when you know that you have attained/acquired it. Otherwise, what's the point of EEA4 application?
Btw, why was your application returned unprocessed first time round?
Hi Spike. Thanks, but the EU regulations and my rights are quite clear to me.spike_UK wrote:Hi guys, I just want to clear it for you two.
If you have married for 5 years and lived together in UK and EEA national been exercising treaty right and you can prove it with evidence, regardless of your RC, you obtain the PR automatically, and a year after that which means 6 year you are qualified for BC as long as you got the prove of evidence (last 6 years).
PR stamp is only a confirmation, so go for it and its a straight forward case but again prepare for 6 month of even 7.
Good luck.
I'm agree with you,,,,,too many visa applications to deal with!!!!!!onetowatch20 wrote:I have a feeling the Olympics may have caused a backlog at the UKBA, processing applications for all the athletes and everyone else associated with them.
Is it necessary to apply EEA3 for last five years or any five years???anp wrote:But you don't "automatically" acquire PR on Nov 2012 just because it has been 5 years since you got married. The only thing me and you have now acquired is the FULL RIGHT to apply for PR. Unfortunately, its not the same as a credit limit increase. We have to apply all over again, even though we automatically qualify.Plum70 wrote:Now I see where you've gotten it all wrong. PR for a FM of a EU national is attained automatically after 5 years provided they can prove continuous residence for the period and the EU national has been exercising treaty rights for those 5 years OR has attained PR (and preferably has confirmation of this). See relevant part of the EU Regulation here: Article 18&19 of EU Directive 2004//38/EC. Might reassure you.anp wrote:When PR sticker is stamped in your passport, that when you know that you have attained/acquired it. Otherwise, what's the point of EEA4 application?
Btw, why was your application returned unprocessed first time round?
Anyway, our EEA3 & EEA4 applications were returned because HO had requested proof of employment for a specific period for my EEA wife. Fact is letter of confirmation from her employer, Inland Revenue employment history, Worker Registration Certificate, P60s, and so many payslips were ALREADY in the folder we sent. They hadn't checked it properly even though we had organized it so nicely. I re-sent it the same day we received it, this time with a cover letter pointing out their mistake.
My only advice is--be ready to expect anything. We will eventually come through ok.
I am impressed. You seem to have it under control. You have accomplished knowing the EU regulations, and you have good contacts in Brussels. I wouldn't even bother to apply. You definitely auto-deserve it.Plum70 wrote:Hi Spike. Thanks, but the EU regulations and my rights are quite clear to me.spike_UK wrote:Hi guys, I just want to clear it for you two.
If you have married for 5 years and lived together in UK and EEA national been exercising treaty right and you can prove it with evidence, regardless of your RC, you obtain the PR automatically, and a year after that which means 6 year you are qualified for BC as long as you got the prove of evidence (last 6 years).
PR stamp is only a confirmation, so go for it and its a straight forward case but again prepare for 6 month of even 7.
Good luck.
I have no illusions that my EEA4 application would probably take the full 6 months to process. But 7 months or even one day longer? I do not think the UKBA would want me and the EC on their backs again as was the case when it took them 8 months to process my RC 5 years ago. I have good contacts in Brussels and would not hesitate to shout across the channel if the UKBA misbehave!
We'll see.
Hi Cerrah, thanks for the tip. I will do the same and include our joint bills or bank statements from a few months before we got married.cerrahpasalilar wrote:Plum 70,
I have applied for the EEa4 on the 4th of july ( it was 6 weeks eairlier than the 5th aniversery of my wedding but i maneged to show the evidence for cohobition before marrige). I have not received anything yet
It's interesting how almighty you are!!anp wrote:I am impressed. You seem to have it under control. You have accomplished knowing the EU regulations, and you have good contacts in Brussels. I wouldn't even bother to apply. You definitely auto-deserve it.Plum70 wrote:Hi Spike. Thanks, but the EU regulations and my rights are quite clear to me.spike_UK wrote:Hi guys, I just want to clear it for you two.
If you have married for 5 years and lived together in UK and EEA national been exercising treaty right and you can prove it with evidence, regardless of your RC, you obtain the PR automatically, and a year after that which means 6 year you are qualified for BC as long as you got the prove of evidence (last 6 years).
PR stamp is only a confirmation, so go for it and its a straight forward case but again prepare for 6 month of even 7.
Good luck.
I have no illusions that my EEA4 application would probably take the full 6 months to process. But 7 months or even one day longer? I do not think the UKBA would want me and the EC on their backs again as was the case when it took them 8 months to process my RC 5 years ago. I have good contacts in Brussels and would not hesitate to shout across the channel if the UKBA misbehave!
We'll see.
During the period before marriage, We added bank statements and my phone bills. Also a letter showing the address from UKBA as a result of EEA1 application.Plum70 wrote:Hi Cerrah, thanks for the tip. I will do the same and include our joint bills or bank statements from a few months before we got married.cerrahpasalilar wrote:Plum 70,
I have applied for the EEa4 on the 4th of july ( it was 6 weeks eairlier than the 5th aniversery of my wedding but i maneged to show the evidence for cohobition before marrige). I have not received anything yet
What sort of evidence did you provide for cohabitation?
This reassures me about sending my application 1.5 months early as I plan to do. To keep things simple i'll provide water bills in joint names from June 07 - March 2013 and hope that this satisfies the 5-year continuous residency requirement for me.cerrahpasalilar wrote:During the period before marriage, We added bank statements and my phone bills. Also a letter showing the address from UKBA as a result of EEA1 application.
I phoned the HO prior to my application, I was told that one can apply 28 days eairlier than 5th year anniversary of marriage even if you do not have cohabitation case.
I hope you are joking, there aren't too many tourists as predicted. It's just that UKBA cut some positions so processing is slower than what it should be.spike_UK wrote:I'm agree with you,,,,,too many visa applications to deal with!!!!!!onetowatch20 wrote:I have a feeling the Olympics may have caused a backlog at the UKBA, processing applications for all the athletes and everyone else associated with them.