Please help confirm regarding EEA4 application

[Xuanyi]

Hi,

I am a non EU citizen.
My European husband and I got married on 8 September 2009 in Antigua and returned to UK together on 13 September 2009, where we both have been residing since. I have obtained my residence card which is expiring on 27 November 2014.
My husband has been working and living in the UK since 2008 and has obtained his Document Certifying Permanent Residence on 30 May 2013.

My questions are as follows :

1/ Can I apply for my PR card under EEA4 after 13 September 2014 (5 years after I live in UK as an EU spouse) or do I have to wait until after my residence card expires on 27 November 2014?

2/ If I submit my husband's Document Certifying PR in my EEA4 application, is it sufficient for me to just submit utility bills in his name to show that he has not been absent for 2 consecutive years since 30 May 2013?

I understand that I will still have to submit other documents to prove my own residency of 5 years. We need to travel in February 2015 and I was hoping to get back my passport before then and therefore, will like to submit my application as soon as possible. Any assistance in answering my queries will be greatly appreciated.

Thanks.

[chaoclive]

Hi,

I am a non EU citizen.
My European husband and I got married on 8 September 2009 in Antigua and returned to UK together on 13 September 2009, where we both have been residing since. I have obtained my residence card which is expiring on 27 November 2014.
My husband has been working and living in the UK since 2008 and has obtained his Document Certifying Permanent Residence on 30 May 2013.

My questions are as follows :

1/ Can I apply for my PR card under EEA4 after 13 September 2014 (5 years after I live in UK as an EU spouse) or do I have to wait until after my residence card expires on 27 November 2014? YES; YOU CAN APPLY AFTER 5 YEARS IN THE UK AS THE POUSE OF AN EU CITIZEN. YOU DON'T NEED TO WAIT UNTIL THE RC EXPIRES! THE IMPORTANT THING IS THAT HE HAS ALREADY EXERCISED TREATY RIGHTS FOR 5 YEARS AND HE IS NOW A PERMANENT RESIDENT. GO AHEAD AND APPLY!

2/ If I submit my husband's Document Certifying PR in my EEA4 application, is it sufficient for me to just submit utility bills in his name to show that he has not been absent for 2 consecutive years since 30 May 2013? I WOULD INCLUDE SOME BILLS JUST TO SHOW THAT HE HAS BEEN LIVING IN THE UK BUT, IF POSSIBLE, I WOULD TRY TO PROVIDE SOME FOR THE FULL 5 YEARS THAT HE WAS EXERCISING TREATY RIGHTS. I DON'T THINK THIS IS ACTUALLY NECESSARY, BUT I ALWAYS LIKE TO BE OVER-CAUTIOUS. AS HE ALREADY HAS PR, YOUR EEA4 APPLICATION WON'T BE A PROBLEM!

I understand that I will still have to submit other documents to prove my own residency of 5 years. We need to travel in February 2015 and I was hoping to get back my passport before then and therefore, will like to submit my application as soon as possible. Any assistance in answering my queries will be greatly appreciated. YOU CAN SUBMIT NOT, BUT JUST REMEMBER THAT THEY HAVE 6 MONTHS TO ISSUE YOU WITH PR. YOU MAY WANT TO REQUEST YOUR PASSPORTS BACK AFTER YOU GET YOUR COA.

Thanks.

[Xuanyi]

Thanks so much, chaoclive, for your prompt reply! I will now get my photographs taken and send off my application ASAP !

[chaoclive]

Good luck! Hope to hear your good news soon

[Xuanyi]

chaoclive, do you have any idea what will happen to my application if I request for my passports back? Will my EEA4 application be affected or suspended? And do I have to send back my passport to them after I come back from my trip? I am getting a bit nervous as we need to travel on 17 Feb. I will like to ask for our passports back now but being a non-EU citizen but spouse to an EU citizen, will I have any problem coming back into the country at the airport? I will appreciate it if you can advise me if you know of this area. Thanks in advance!

[fatimahh]

[quote="Xuanyi"]chaoclive, do you have any idea what will happen to my application if I request for my passports back? Will my EEA4 application be affected or suspended? And do I have to send back my passport to them after I come back from my trip? I am getting a bit nervous as we need to travel on 17 Feb. I will like to ask for our passports back now but being a non-EU citizen but spouse to an EU citizen, will I have any problem coming back into the country at the airport? I will appreciate it if you can advise me if you know of this area. Thanks in advance![/quote]

if i understand your EEA2 card has now expired! Right? so if you send it for PR note that according to the process time recorded on the forum asking your passport back can take up to 3 weeks and this will not affect your application. when decision is made they will send your PR on a stand alone A4 paper, and decision according to the process time on the forum is around 3 month.
Therefore if you travel your big issue will be to convince the airplane company to let you board the plane with an expired EEA2. so talk to the airplane company before making any booking.

good luck

[chaoclive]

chaoclive, do you have any idea what will happen to my application if I request for my passports back? Will my EEA4 application be affected or suspended? And do I have to send back my passport to them after I come back from my trip? I am getting a bit nervous as we need to travel on 17 Feb. I will like to ask for our passports back now but being a non-EU citizen but spouse to an EU citizen, will I have any problem coming back into the country at the airport? I will appreciate it if you can advise me if you know of this area. Thanks in advance!

You can ask for your passports back. This will not withdraw your application. You don't need to send the passport back; instead they will give you your EEA4 on an A4 piece of paper called an Immigration Status Document (ISD). My partner received this after we asked for his passport back before his EEA2 was issued.

You won't have a problem reentering if your EU family member is still in the UK and exercising treaty rights. Of course, you should take your COA with you when you travel and make sure that your EU family member is able to answer the phone when you are entering the UK.

[Xuanyi]

Thank you so much for your replies! I did not realise there was replies for my question until I happened to log in again today.
I received my passports back from the HO today - within 10 days of asking for them back. However, it came with a letter which says that I need to apply for a EEA family permit at a British Diplomatic post abroad before returning home to UK. How can that be? Is this true - as I have not read the same thing required from others who are in the same position as me in the forum postings here.
I will be travelling to Mexico and returning to the UK together with my EEA spouse. We will not have time to apply for any Family Permit while we are there as we will not be based at the same town. Is it likely that I will be denied entry into UK with my expired EEA2 Residence Card (expired on 27 Nov 2014)? Please help!!!

[chaoclive]

Thank you so much for your replies! I did not realise there was replies for my question until I happened to log in again today.
I received my passports back from the HO today - within 10 days of asking for them back. However, it came with a letter which says that I need to apply for a EEA family permit at a British Diplomatic post abroad before returning home to UK. How can that be? Is this true - as I have not read the same thing required from others who are in the same position as me in the forum postings here.
I will be travelling to Mexico and returning to the UK together with my EEA spouse. We will not have time to apply for any Family Permit while we are there as we will not be based at the same town. Is it likely that I will be denied entry into UK with my expired EEA2 Residence Card (expired on 27 Nov 2014)? Please help!!!

If you are traveling together with your EEA spouse all will be fine. They won't require you to have an EEA FP and you don't need a visa for the UK as a Malaysian anyway (just in case they ask in Mexico when you leave there to come back to the UK).

You won't be denied as your European spouse is going to be by your side. Carry your marriage cert with you just in case...better safe than sorry!

[Xuanyi]

Thanks a lot, chaoclive!
Your reply is much appreciated.
Now I can concentrate of getting ready for the trip and hope for the best

[Annini]

Thank you so much for your replies! I did not realise there was replies for my question until I happened to log in again today.
I received my passports back from the HO today - within 10 days of asking for them back. However, it came with a letter which says that I need to apply for a EEA family permit at a British Diplomatic post abroad before returning home to UK. How can that be? Is this true - as I have not read the same thing required from others who are in the same position as me in the forum postings here.
I will be travelling to Mexico and returning to the UK together with my EEA spouse. We will not have time to apply for any Family Permit while we are there as we will not be based at the same town. Is it likely that I will be denied entry into UK with my expired EEA2 Residence Card (expired on 27 Nov 2014)? Please help!!!

If you are traveling together with your EEA spouse all will be fine. They won't require you to have an EEA FP and you don't need a visa for the UK as a Malaysian anyway (just in case they ask in Mexico when you leave there to come back to the UK).

You won't be denied as your European spouse is going to be by your side. Carry your marriage cert with you just in case...better safe than sorry!

Hello i have been following this trend for a while.please can someone help me as to what documents needed for PR after retaining right of residence through divorce.Also any help as to how I can write my cover letter for the EEA4 application thanks