Can forms EEA1 or EEA2 be used instead of EEA (PR)?

[monkeyface]

I am a British Citizen. Husband is Dutch National. Has been living and working in the UK for 10+ years.
He wants to get Permanent Residence card and look into possibly becoming a British Citizen (because of potential referendum result).

Started filling in long and complicated form EEA PR. However, just came across this blog entry https://www.freemovement.org.uk/downloa ... in-the-uk/ which seems to think people can still use the much shorter and less complicated forms (EEA1 or EEA2 or covering letter). Does anyone have any experience of applying using these forms or a covering letter? Has anyone used the advice of Garden Court Chambers services?

[ohara]

For an EEA national, I believe the correct form to use is EEA3. He will be applying for a document certifying permanent residence. It's not quite a card, it pretty much just looks like a visa vignette that is stuck on a bit of cardboard.

Edit: you don't need to buy any help books or use a solicitor to make this application. It is very simple - you show proof of 5 years residency and exercising treaty rights, and that's basically it.

[secret.simon]

You don't even need to use a form. You can just write a letter that includes all relevant information and that should be sufficient.

All that is required for EEA citizens and their dependents is that the application is in a written format.

[noajthan]

...

Started filling in long and complicated form EEA PR. However, just came across this blog entry https://www.freemovement.org.uk/downloa ... in-the-uk/ which seems to think people can still use the much shorter and less complicated forms (EEA1 or EEA2 or covering letter). Does anyone have any experience of applying using these forms or a covering letter?

That is a great blog, most informative & sound advice. But if you are organised & methodical you should be able to apply by yourselves.

Regarding alternate forms of application, see:
http://www.immigrationboards.com/eea-ro ... l#p1278283

[monkeyface]

Ok, I am pretty confused. I was under the assumption (and have been told in the past) that he needs to use form EEA (PR) which has a fee associated with it. The blog post suggest the use of the earlier (simpler forms or written letter).

Would the department that deals with Permanent Residency really accept an application on an earlier form or just a letter without the fee associated with form EEA (PR)? What happens if it is refused because the form is not the lastest version?

Also, what exactly would need to be written in a covering letter? Does anyone know of a template letter for applying and what information is required?

Also, what is the difference between form EEA 1 and EEA 3, in fact what is the difference between all the forms?

Can someone just confirm that he doesn't need to use form EA PPR, can use the earlier form(s) EEA 1/2/3 and his application still has a high chance of being accepted? Thank you.

[secret.simon]

Did you read the link that Noajthan provided?

A letter requesting a document certifying permanent residence or permanent residence card, or an application made on one of the previous forms (EEA3 or EEA4), is acceptable as long as:
 the correct fee is submitted with the application
 the applicant gives their biometric information if they are a non-EEA national applying on or after 6 April 2015

You must obviously pay the relevant fees. It is just that you do not have to use the form itself, so long as all relevant information is there.

Would the department that deals with Permanent Residency really accept an application on an earlier form or just a letter without the fee associated with form EEA (PR)? What happens if it is refused because the form is not the lastest version?

if the form is not the latest version, that is fine, even a letter is fine, so long as it is accompanied with the correct fee.

[noajthan]

...

Can someone just confirm that he doesn't need to use form EA PPR, can use the earlier form(s) EEA 1/2/3 and his application still has a high chance of being accepted? Thank you.

I thought I already had

However,applicants do not have to use these forms and an application for any of the documents mentioned above must not be refused because it has not been made on the appropriate form.

A letter asking for a document to be issued, or an application made on one of the previous forms (see below) is acceptable, provided the applicant:

• submits the specified fee with the application;
  gives their biometric information,if they are a non-EEA national applying on or after 6 April2015;

See https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- ref page 7-8

[monkeyface]

Thank you!

[monkeyface]

Hi, Another question. We just saw a (Citizens advice type free) immigration solicitor who said that he thought the Home Office would purposely take a lot longer to complete an application if it was on one of the old forms as the applicant would be seen as "being difficult".

My husband was going to use form EEA3 (from 2010), on the advice here as this is much shorter and much less intrusive questions than the EEA (PR) form.

The solicitor also said that basically as long as you are an EEA national who has completed the 5 year requirement then they don't really have a reason not to grant permanent residence and that the PR form is just fishing for more information than they are actually legally required to know. However, he said the PR form would probably get a quicker turnaround time.

We would really prefer to go via the older shorter forms as they are a lot less complicated and the questions are a lot less intrusive. What is the consesus on this here?

[noajthan]

The solicitor also said that basically as long as you are an EEA national who has completed the 5 year requirement then they don't really have a reason not to grant permanent residence and that the PR form is just fishing for more information than they are actually legally required to know. However, he said the PR form would probably get a quicker turnaround time.

That is a bizarre & puzzling statement from your solicitor.
Confirmation of PR cannot & should not be taken for granted.
A quick review of the almost daily cases in the forums will confirm she/he is way off the mark there.
PR applications are not rubber-stamped.

Agree the current 'monster' form is fishing for extra information - hence the argument for applying on other (earlier/simpler) forms - or even by letter if you want to 'go commando'.

HO guidance itself states that is acceptable to apply via alternate methods so it would be troubling if there is indeed a two-tier system for processing.

[secret.simon]

HO guidance itself states that is acceptable to apply via alternate methods so it would be troubling if there is indeed a two-tier system for processing.

We just saw a (Citizens advice type free) immigration solicitor who said that he thought the Home Office would purposely take a lot longer to complete an application if it was on one of the old forms as the applicant would be seen as "being difficult".

I don't think that the applicant is penalised for being difficult, I think the applicant is indirectly penalised for being different.

That makes complete sense from a human point of view. I have worked in a job that required analysis of forms and over time, one develops a skill of identifying key areas in the forms to look out for and that aids in faster processing.

If one were to go for a different format, which is allowed, it slows down the person who is processing the form and it is not entirely infeasible that s/he would push it to the back of the queue to be processed when there is more time/a more relaxed workflow, etc.

The same principle that applies to software engineering applies to human engineering as well; KISS (keep it simple, stupid).

[noajthan]

The same principle that applies to software engineering applies to human engineering as well; KISS (keep it simple, stupid).

Furthermore, if HO was to adopt Kanban methods they would swarm on applications that proved to be chokepoints (all hands to the pumps, if you will) & in that way break the log jam and keep up a goodly flow rate.

[monkeyface]

Thanks for your replies. Just phoned the HO helpline and the guy there said you need to use the PR Form but I guess he would say that.

Would really much rather use the EEA3 form as so much of the PR form doesn't make sense and doesn't apply.

Also, if I submit form EEA3, should I send it to the address on that form (which is the UK Border Agency address in Liverpool) or to the address on the EEA PR form which is the Home Office EEA Applications in Durham?

[secret.simon]

the Home Office EEA Applications in Durham

[ohara]

From UKVI's internal guidance on processing applications for residence documentation:

An EEA(PR) form can be used to submit an application. However, you must not refuse or reject an application because it is not on the right form. A letter requesting a document certifying permanent residence or permanent residence card, or an application made on one of the previous forms (EEA3 or EEA4), is acceptable as long as:
 the correct fee is submitted with the application
 the applicant gives their biometric information if they are a non-EEA national applying on or after 6 April 2015

[GermanyToLondon]

Can I ask if you did in the end apply using the old form, and if so if you've heard anything or had a decision yet? I'm very tempted to use the old form as well in order to avoid the pain that is EEA(PR). Thanks