EEA4 fast processing times or wishful thinking

[Misssomer]

Hi,

My Friend submitted an application at 15th of May
COA after Biometrics Received at 9th of June
PR - waiting

Has anyone else applied with these timelines?

Yes, my application was received by the HO on 13th May and I'm still waiting.

[rag2richies]

hello everyone ,

I applied my eea4 visa application on June 2015. Now, I received another questionnaire form from home office, one for me and one for my wife. we did send cover letter and all the required documents at the time of application filling. Is this the normal process to fill the questionnaire or is it just for some cases? what will happen next, do they gonna call us for interview or the home visit? I called home office regarding this but they refused to answer any of my questions. I am so frustrated and worried what will happen to my visa application. I would really appreciate help from respected gurus and members.

kind regards
Mohamad biswo

@bishwo1981... Do you apply on the same form with your wife who is eea or? I think you don't have anything to worry about because for the HO to send a such questionnaire to you, that means they already passed it to the caseworker who is already working on it so i don't think there is any big deal in it. And what I think is that... it seems you missed to answer some of their questions on the application forms and also they just want to know more about you and your mrs more better and your journey throughout the 5years. My advice for you is to try to sit down and complete the questionnaire with you mrs because HO might surely still come to your house for one or two reason so i think if there is no skeleton in your wardrobe, bro you have nothing to worry about. What are the questions on the questionnaire?

[bishwo1981]

@rag2riches. no I didn't apply with my wife. she already has a British citizenship. I am very worried now that she has a dual citizenship, my PR application will be rejected under the grounds that she didn't exercise EU treaty. she had her BC since2013 ,I applied for RC in 2010. my application for PR is with home office since 01 June 2015. any help would be highly appreciated.

[Xenia]

@rag2riches. no I didn't apply with my wife. she already has a British citizenship. I am very worried now that she has a dual citizenship, my PR application will be rejected under the grounds that she didn't exercise EU treaty. she had her BC since2013 ,I applied for RC in 2010. my application for PR is with home office since 01 June 2015. any help would be highly appreciated.

Hello there, I have the same situation. My husband got BC in 2012, I got RC in 2010.
I applied for PR in the middle of June. Have not had any additional forms to fill so far.
What kind of questions in these forms?

[bishwo1981]

@xenia, previous member said that once the eu partner gets the BC they stopped the exercise EU treaty on the day they become the citizen so the dependent RC is null or void from that date. it is very confusing and I cant get the correct answer. many suggested me to re apply for spouse visa which I don't want to do. its very expensive and they will give you for two years. I am very worried about the whole situation and home office is not replying to my calls and emails. the only answer I get is its not been over six months and I have to wait. @xenia plz update if you have more information

[Xenia]

@xenia, previous member said that once the eu partner gets the BC they stopped the exercise EU treaty on the day they become the citizen so the dependent RC is null or void from that date. it is very confusing and I cant get the correct answer. many suggested me to re apply for spouse visa which I don't want to do. its very expensive and they will give you for two years. I am very worried about the whole situation and home office is not replying to my calls and emails. the only answer I get is its not been over six months and I have to wait. @xenia plz update if you have more information

I don't think we have anything to worry about. I haven't seen any official info which would say that dual citizenship could be a reason of Permanent Residence refusal. Anyway not much time left to wait, so let's wait for our documents to arrive. If I have any updates in my case I will post here.

[bishwo1981]

@xeina yes, you are right . only one option we have at the moment is to wait for the outcome. I have had few information on dual citizenship and none of the solicitor(online solicitor) are confident about their answer. This is the only reasonable advice I received. Under the pure interpretation of EU rules, because your partner has spent time exercising treaty right outside her country of birth/nationality, you may be allowed to stay in UK and possibly get PR, but the way UK interprets the law makes you ineligible for either. You just have to wait for the outcome of your application and then plan your next move. plz update if you have more information. this bloody thing is getting me mental.

[nel974]

Hi Friends,
I need your expert advice on my PR please. I am a French national married to an Asian guy we are going to apply for PR. My husband got 5 years residence card which has expired long ago but due to his poor health we could not apply. I have worked as a teacher and gave tuition to different companies,private individuals and intuitions. Please help me with your advice my case is
I didn't know how to fill the self-employment and just recently corrected my returns. I have paid all the payments they asked me to pay on self-employment website, do I have to pay thing else? We never applied for any sort of benefits
We got married in 2007 I was working as teacher assistant.
After few months of waiting (NO work) in September 2008 I started teacher training I was paid and took comprehensive insurance in December 2008. Note I didn't get insurance in September but I was paid during my training by Government.
From 01/07/2009 to 31/01/2010 I had comprehensive insurance but did nothing I also had enough money.
From 01/03/2010 I started working as self-employed. I made my website,twitter and facebook accounts and have good following and feedback, I also printed my business leaflets. I recently updated my returns which are around 9500 per year.
I worked for some companies who took me as part time employee for few hours teaching and others companies just paid me as self-employed, I also work in individuals who paid me cash in hand.
Now in 2010-2011 and 2011-2012 I worked for different organization who paid straight in my account earning around (14000) and worked for individuals who paid cash earning around (12000).
In year 2012-2013 and few months of 2013-2014 I only worked individuals it was cash in hand, but then I got contracts with good companies who paid in my account, again i was employed part-time with and self-employed with the other total earning around ( 12000) for 2013-2014.
Now I am full time teacher earning around 3000/month since 01-03-2015.
Please advise me what to do now, should I apply or take a solicitor.
Regards

[Obie]

anyone with any advice or suggestion plz. I would really appreciate your help.

I believe they suspect marriage of convenience.

I don't think you will have difficulty if your wife has naturalised. You may be invited for an interview.

[aukro]

@xeina yes, you are right . only one option we have at the moment is to wait for the outcome. I have had few information on dual citizenship and none of the solicitor(online solicitor) are confident about their answer. This is the only reasonable advice I received. Under the pure interpretation of EU rules, because your partner has spent time exercising treaty right outside her country of birth/nationality, you may be allowed to stay in UK and possibly get PR, but the way UK interprets the law makes you ineligible for either. You just have to wait for the outcome of your application and then plan your next move. plz update if you have more information. this bloody thing is getting me mental.

Have you sent all supporting documents? What about registration certificate? Your spouse's permanent residence card? What exactly they want from you according to the letter?

[bishwo1981]

dear obie and aurko ,I sent all the required documents, her bank statement, my bank statement, 5 years payslips, her mortgage, my gp report. everything I can get hold of. the questionnaire is about more evidence like what language we speak at home and how we met each other, what is the living arrangement? where we got married. my concern is not about the marriage of convenience, we are happy to attend the interview if needed. even better but my concern now is the dual citizenship. she has British passport and Slovak passport. I am not sure that EEA4 application is the right application for me. in my opinion and from other people's experience in the form, the exercising of EU treaty stops once the eu citizen acquires the British citizenship. the law changes pretty much every single day and I am very confused so I am worried that I just wasted 5.5 months applying. any suggestion is highly appreciated.

[Obie]

In my view you have no other application option. The right application appears to have been made.

You do not qualify as spouse of an EEA , unless you go to a 3rd country .

If they refuse on that basis it will simply be unlawful.

Since 2012 I have used formers spouse citizenship in court as evidence of treaty right or PR for 5 years

[bishwo1981]

Dear obie , are u saying that dual citizenship will not effect my application and what do you mean by former spouses citizenship in court? we are still married and she lived in Slovakia before she moved to the uk. she didn't apply for permanent card but applied directly for British citizenship. any suggestion and advice will be highly appreciated from respected gurus and form member.

[nel974]

Please help,
My husband's Residence card has been expired long ago, I write my details again please help and advise.
Got married in 2008 and he got residence card for 5 years till 2013 end.
He had a serious accident in 2014 January so couldn't apply for PR.
I recently correctly my self-employment record as someone told me its not right. Now my work history.
1) 2007-2008 Assistant teacher.
2) September 2008-2009 Training to be teacher. (Gap between (1) and (2) three months and I got insurance in December but I was paid bursary by Training Institute )
3) September 2009-Jan 2010 no work but got comprehensive insurance
4)March 2010 started self-employment (again one month gap between (3)and (4)
A) 2010-2011 got one contract as part-time employed another part-time self-employed, I was paid through online banking.Also started teaching individuals cash in hand some money deposited as cash.
B) 2011-2012 same contracts went on with new individuals one to one teaching and they paid cash in hand some deposited in bank
C) 2012-2013 no contracts but individual students and this year I deposited less cash in bank.
D) 2013-2014 same as above till mid year but then got new contract again one part-time employed and other part-time self employed, paid in my bank.
E)2014-2015 full time teacher paid 3000/month.
I got my own website,twitter and face book accounts since 2010 and followers. Also got proof of some students as till in touch. Proof of paper receipt of individual who paid me cash.
DO you think its enough please advise

[aukro]

dear obie and aurko ,I sent all the required documents, her bank statement, my bank statement, 5 years payslips, her mortgage, my gp report. everything I can get hold of. the questionnaire is about more evidence like what language we speak at home and how we met each other, what is the living arrangement? where we got married. my concern is not about the marriage of convenience, we are happy to attend the interview if needed. even better but my concern now is the dual citizenship. she has British passport and Slovak passport. I am not sure that EEA4 application is the right application for me. in my opinion and from other people's experience in the form, the exercising of EU treaty stops once the eu citizen acquires the British citizenship. the law changes pretty much every single day and I am very confused so I am worried that I just wasted 5.5 months applying. any suggestion is highly appreciated.

Everything should be alright, just fill the form they sent you and wait for your permanent residence card to arrive. Get ready to apply for British citizenship, you have two exams to pass if you haven't done it yet.

[Obie]

Bishwo1981 in 2010 Slovakia amended their citizenship law to forbid dual citizenship I am not sure if your wife is still a Slovakia citizen as a result of that amendment.

[bishwo1981]

thank you obie and aurko, Aurko you seem to be very positive person. thank you for the comment, no I haven't given any exam yet and not in a hurry . dear obie , Slovak law dictates that anyone who holds dual citizenship is considered by Slovak authorities only and exclusively as a Slovak citizen irrespective of whether such person is a citizen of another country. I am not sure and the Slovak embassy didn't reply to my email yet. I am in a limbo at the moment. I had a friend applied with his polish/british wife and his PR got approved but that was on 2012 before home office changed the rules and tighten the dual citizenship rules. even though Poland didn't allow dual citizenship, his PR got approved. This European law is so confusing and time consuming plus they change so often. all this hassle is giving me a serious heading. I don't see JUMBO much, where is he been? OBie I will wait for your reply and jumbo could you please help us as well. advice and suggestion from other respected form members will be highly appreciated. my main question now is, Can dual citizenship dependent/spouse apply for PR application if the dual citizenship holder exercise EU treaty rights for 5 years?

[Onna]

Please share if any of you that applied in May get the answer from the HO !

[Misssomer]

Please share if any of you that applied in May get the answer from the HO !

Hello Onna,

I applied on May 13th and I'm still waiting for my PR. When did you apply?

[Onna]

Hi Missiomer,

It was for a friend of mine if you remember the first post it's 15-16 of May ...

Due to the post I have read it can be your time to have an answer this 2 next days ...hope the waiting will end for the best...with the PR issued for us

[Misssomer]

Hi Missiomer,

It was for a friend of mine if you remember the first post it's 15-16 of May ...

Due to the post I have read it can be your time to have an answer this 2 next days ...hope the waiting will end for the best...with the PR issued for us

Hello Onna,

Oh yes, I remember... The Home Office works in mysterious ways.... So who knows? You friend may even receive their PR before me...but hopefully I will get mine soon as the wait is now utterly unbearable.

[Onna]

Hi Missiomer,

It was for a friend of mine if you remember the first post it's 15-16 of May ...

Due to the post I have read it can be your time to have an answer this 2 next days ...hope the waiting will end for the best...with the PR issued for us

Hello Onna,

Oh yes, I remember... The Home Office works in mysterious ways.... So who knows? You friend may even receive their PR before me...but hopefully I will get mine soon as the wait is now utterly unbearable.

As long as I have seen this forum there is not a definite rule for the timeline of HO reply ...but there is smthng ...I ve seen that they send at deadlines the answer 10 days before the end that your PR is granted and within 10 days you will recive it so ... let's hope....

Do you know if someone else whom applied on those date had an answer?

[Misssomer]

Hi Missiomer,

It was for a friend of mine if you remember the first post it's 15-16 of May ...

Due to the post I have read it can be your time to have an answer this 2 next days ...hope the waiting will end for the best...with the PR issued for us

Hello Onna,

Oh yes, I remember... The Home Office works in mysterious ways.... So who knows? You friend may even receive their PR before me...but hopefully I will get mine soon as the wait is now utterly unbearable.

As long as I have seen this forum there is not a definite rule for the timeline of HO reply ...but there is smthng ...I ve seen that they send at deadlines the answer 10 days before the end that your PR is granted and within 10 days you will recive it so ... let's hope....

Do you know if someone else whom applied on those date had an answer?

Hello Onna,

No, I don't know anyone else who sent in May.
Just as an update on today: the post has already come today and no news of anything. So hopefully tomorrow. Will keep you update. Let me know how your friends application is going too as we sent our applications just a couple of days apart.

[Onna]

Hi Misssomer

I will let you know about everything ...i know this waiting kills

Thnx

[bishwo1981]

@ Xeina , obie , I found the amended rules for dual citizenship in the net from a reliable source. so I don't think there should be any problem with my EEA4 application. Obie could you please give some advice to me. I would really appreciate your help.
A family member of a dual EEA national and British citizen does not have a right of
residence under the regulations on the basis of their relationship to the dual national.

If they do not have a right of residence on any other basis under the regulations, they will
need leave to enter or remain in the UK under the Immigration Rules.

Transitional arrangements
Transitional arrangements were put in place following amendments to the regulations in
July 2012, which allowed family members of dual EEA and British citizens who had already
relied upon a right of residence as the family member of that dual national to continue to
enjoy a right of residence where the conditions set out below were met.

Persons residing in the UK on 16 July 2012
Persons already residing in the UK on 16 July 2012 as family members of dual EEA and
British citizens, and who held a valid registration certificate or residence card confirming
this right on 16 October 2012 will continue to be treated as the family member of an EEA
national for as long as they continue to be the family member of that dual national.

This arrangement also applies where a person had a right of residence on this basis on 16
July 2012 and had submitted an application for a document confirming this right on or
before 16 October 2012. Such persons will continue to have a right where a document is
subsequently issued on the basis of this application.