EEA4 Application after 4 years of marriage

[JemmaT]

Hello all,

I'm an EEA national (A8 category) married to a non-EEA national for 4 years. We had to apply for COA for us to get marry in Jan 2010. At that time my non -EEA husband was on student visa.

Please check the summary below:

15 Sept 2006 – I arrived in UK. I met future boyfriend while staying with our mutual friends. He was on student visa since he arrived in UK on 30 Oct 2004
21 sept 2006 – I acquired full time work and my boyfriend remain a student - Still working with the same employers, no employment breaks except for 8 months Maternity leave
10 Nov 2006 – first and only WRS issued
24 sept 2007 – moved together with the then boyfriend (now husband) after dating for 11 months
15 Jan 2010 – Applied for COA – boyfriend still had 3 months valid leave to remain in UK as student
22 Jan 2010 – acknowledgement letter for COA from HO arrived
20 March 2010 – received letter requesting further details – letter was dated 11 March and we were given 14 days from the date of the letter. My boyfriend mis-understood the 14 days period. We prepared the questionnaire and were gathering all the relevant supporting documents when suddenly out of nowhere…
27 March 2010 - COA refusal arrived stating that we didn’t provide satisfactory response to the questionnaire and HO is not satisfied that we are in genuine subsisting relationship which could lead to marriage. We wrote to HO registering strongest protest possible and contest their claim regarding 14 days period. We also return the entire supporting document which we had gathered and our passports.
30 April 2010 - my boyfriend’s leave to remain expired. Waited for six month. Afterward made few calls and wrote quite a few letter demanding reply and status of our application. I was pregnant during these times.
21 Dec 2010 – COA duly arrived albeit sent to an address where my husband used to live when he first arrived in UK
27 Jan 2011 – Got married
9 Feb 2011 – gave birth to our first child
15 Feb2011 – applied for EEA1 along with husband’s EEA2
11 May 2011 – EEA residence certificate arrived as well as husbands EEA2 residence card

Now my husband intent to apply for PR (EEA4). I understand that I’m already on PR and do not make much difference if I apply for my own EEA3 or not but intent to do so as I have plans to acquire British Citizenship in near future.

My questions:
1 – Is my husband eligible to apply for PR at this stage? We are married for 4 years but he have lived together for 7 years 4 months now.
2 – Does the 7 month period (during the COA for marriage process) when my husband was without any valid leave to remain affect the case?

Gurus! Please help me with this dilemma.

[JemmaT]

Please can anyone reply.

[el patron]

You need to wait until the 5th Anniversary of your marriage. As he never made an EEA application whilst you and him were living together and un-married he cannot claim to have been recognised as a family member of an EEA national prior to date of marriage.

[JemmaT]

You need to wait until the 5th Anniversary of your marriage. As he never made an EEA application whilst you and him were living together and un-married he cannot claim to have been recognised as a family member of an EEA national prior to date of marriage.

Thanks

[insta27]

Hello,

I think it might be better for you to apply for EEA3 (even though you do not need this). When your application is successful, it is easier for you to fill the EEA4 as you can skip section 7 entirely and just submit your PR card.

For the record, I was in the same position. We applied EEA3 for my other half (even though we both knew OH wouldn't need it) and then when OH got the PR card, we applied successfully for EEA4.

Waiting Time
EEA3: Five weeks for positive outcome

EEA4: Thirteen weeks for positive outcome

[el patron]

Hello,

I think it might be better for you to apply for EEA3 (even though you do not need this). When your application is successful, it is easier for you to fill the EEA4 as you can skip section 7 entirely and just submit your PR card.

For the record, I was in the same position. We applied EEA3 for my other half (even though we both knew OH wouldn't need it) and then when OH got the PR card, we applied successfully for EEA4.

Waiting Time
EEA3: Five weeks for positive outcome

EEA4: Thirteen weeks for positive outcome

All sound advice!

[JemmaT]

@insta27, @el patron,

Thank you both.
I took advice from a solicitor and he advised me something on the similar lines.
I applied for my EEA3 on 19th (last monday). Money is taken from my account on 21st.
Now wondering if I would be issued any reference letter or COA.

Thanks again..

[JemmaT]

Hello all,

Today i received my Residence Documentation.
Delighted with the time scale - Just 10 days.
date of issue : 30 Jan 2015

But there is a slight issue. Spelling mistake with my surname.

I have no option but to return the documents for correction.

Cheers!