EEA4 Application

[juniorcares]

Dear All,

I need you help and advice on this issue.

I applied for my Permanent residence on the 23rd of August 2014 and I received a letter from the home office saying It will take six months to decide my case.

However, My current 5 years visa runs out on the 23rd of October 2014. And while at my current Job, We lost the contract and under TUPE regulation, the new company had to employ me.

I was employed by the new company on the 29th of December 2014, and I told them that my application is in the home office and also providing them with the letter from the home office, But the company contacted me on the 5th of January 2015, saying they contacted the home office and got a reply that I do not have to right to work in the UK and I was placed on suspension.

I contacted the Home Office to check the status of my application and I was told that they are still in the six month period and I will hear from them latest on the 23rd of February.

Right now, My new company has terminated my employment saying I do not have to right to work and also said maybe the home office has decided my case, but I insisted they have not because I have not received anything from them and the home office are refusing to tell me anything.

What should I do? How do I get back to work? How should I check the status of my application. How do i prove to the work employers that I have an application pending?

Your reply's are much appreciated.

Thank you

[rajaiizahir]

Dear Juniorcares,

You don't have to worry about it. As soon as you have completed your five years as the family member of an EEA national you are eligible for permanent residence. I suppose your sponsor EEA national has been a 'qualified person' throughout the five years period. If so you don't have to worry about this. You were not on any visa which is under Immigration Rules. You were rather on EEA Regulation. This is usual that Home Office mention the period as six months to process the application. They may send it earlier than that. But in any case you are not illegal. You are eligible for permanent residence card which you may apply or you may not apply. But a year after you will be eligible for naturalization. At that time you can straight away apply for citizenship. But when you do so later you will however have to show that you were related to the EEA national and s/he has been a qualified person. On the whole you have permanent residence in this country as soon as you have completed five years stay under 2006 Regulation and for your convenience at your option you can have a permanent residence card. If you have other means to show that you have been in this country lawfully under EEA Regulation, you do not need a permanent residence card. So there is no question that you are illegal after the expiration of the five years validity of a residence card.