PR for EEA family members, application period

[dimas]

Hello, I am a non-EEA national married to a EEA (slovak) sitizen. we lived in UK from May 2004.
The story is: we got married in May 2004. Then in April 2005 (my fault mixed up with application forms and it took so long) I got 1 year EEA family stamp.
then in August 2005 i got a 5 year RP.
I know I am about to become eligible for PR, however, when do I apply?
1- May 2009 - 5 years since we have been married and she exisiced her treaty right.
2-April 2010 -5 years since I got 1 year stamp as EEA family member.
3-August 2010 - when my current 5 year RP expires.
She was exisicing her treaty rights since May 2004, I was on a student visa before that.

[joelondon]

Hello, I am a non-EEA national married to a EEA (slovak) sitizen. we lived in UK from May 2004.
The story is: we got married in May 2004. Then in April 2005 (my fault mixed up with application forms and it took so long) I got 1 year EEA family stamp.
then in August 2005 i got a 5 year RP.
I know I am about to become eligible for PR, however, when do I apply?
1- May 2009 - 5 years since we have been married and she exisiced her treaty right.
2-April 2010 -5 years since I got 1 year stamp as EEA family member.
3-August 2010 - when my current 5 year RP expires.
She was exisicing her treaty rights since May 2004, I was on a student visa before that.

- May 2009 - 5 years since we have been married and she exisiced her treaty right.------------->this is the corect one ...as my lawyer has told me ...and i'm in the same situation ...so be patient good luck

[joelondon]

*
EEA residency enquiries

You may wish to contact the European Enquiries Contact Centre if you are a national of the European Economic Area (EEA) or Switzerland and you have a query regarding:
o registration certificates for yourself or a family member;
o a residence card;
o a family member residence stamp; or
o confirmation of permanent residence in the United Kingdom.

The centre is currently experiencing high call volumes which may lead to a delay in your call being answered. Our opening times are 0900 to 2100 Monday to Friday excluding Bank Holidays, but you may wish to contact us between the hours of 1800 and 2100 later in the week when we are less busy.

Please read our guidance on applying under European law before you contact us.

Phone: 0845 010 5200

Email: UKBAeuropeanenquiries@ukba.gsi.gov.uk

Opening Hours: Monday to Friday 0900 to 2100

[malina]

Hello Dimas,
I had exactly same question and send request to HO UKBApublicenquiries@UKBA.gsi.gov.uk.
Here is their reply:

"Dear *******,

Thank you for your enquiry.

Please note that the 5 years qualifying period starts from date you got married in the UK.

Yours sincerely,

**********

Immigration Group

UK Border Agency "


By the way, John has advised you to apply good few month beforehand your 5 years anniversary in your previouse post in November.
Please let me know if you gonna do it this way, and if so, if UKBA excepts it.

Good luck with your EEA4 application!

[dimas]

By the way, John has advised you to apply good few month beforehand your 5 years anniversary in your previouse post in November.
Please let me know if you gonna do it this way, and if so, if UKBA excepts it.

Thank you for the great answer.
Well I think I will apply after the 5 year anniversary, since I am planning to take some holidays in June/July and will need my passport.
Good lck with yours EEA4

[joelondon]

By the way, John has advised you to apply good few month beforehand your 5 years anniversary in your previouse post in November.
Please let me know if you gonna do it this way, and if so, if UKBA excepts it.

Thank you for the great answer.
Well I think I will apply after the 5 year anniversary, since I am planning to take some holidays in June/July and will need my passport.
Good lck with yours EEA4

good luck and you have to think that the EEA4 application are taking long and very very long actually ...about 9 to 12 months ....its a shame ...(HOMMMMMMMMMMMMMMME OFFICCCCCCCCCCCCCCCCCCCCCCCE) GET IT MOVING PLEASE AS A PEOPLE CANT WAIT THAT LONG

STILL WAITING AFTER 7 MONTHS AND 5 DAYS

[hamadauk123]

hi that's happened to me you can,t apply until you complete 5 years residency in this country means they will count 5 years since your passport been stamped .

[joelondon]

hi that's happened to me you can,t apply until you complete 5 years residency in this country means they will count 5 years since your passport been stamped .

no thats wrong ????
i applied when i achieved 5 years married ..and my lawyer said so ...ans even the home office said so ...when i call them ...good luck

[kashyme]

U are suggesting that if some one married 5 years back and lived most of the period in any other country then he or she can get a PR status after coming to UK and living here for 1 year or 1 month...
no i don`t agree ,,actually u have to live in this country for 5 years and that u should have proof of ur exercising treaty rights in the form of employment, self employment , self suffientor as a student , The important thing is 5 years residence just like for HSMP or Work permits not about how long u r married ...

[isceon]

U are suggesting that if some one married 5 years back and lived most of the period in any other country then he or she can get a PR status after coming to UK and living here for 1 year or 1 month...
no i don`t agree ,,actually u have to live in this country for 5 years and that u should have proof of ur exercising treaty rights in the form of employment, self employment , self suffientor as a student , The important thing is 5 years residence just like for HSMP or Work permits not about how long u r married ...

NO they need to have lived and exercised treaty rights 5 years in the uk before applying for confirmation of PR.

[joelondon]

U are suggesting that if some one married 5 years back and lived most of the period in any other country then he or she can get a PR status after coming to UK and living here for 1 year or 1 month...
no i don`t agree ,,actually u have to live in this country for 5 years and that u should have proof of ur exercising treaty rights in the form of employment, self employment , self suffientor as a student , The important thing is 5 years residence just like for HSMP or Work permits not about how long u r married ...

NO they need to have lived and exercised treaty rights 5 years in the uk before applying for confirmation of PR.[/quote


yep thats corecte ...but they still can apply when thy get 5 years married in the uk excercing treaty right

[dimas]

Hi Joelondon, how is your application doing? did you get your PR? how long did it actually take? and were you correct when you applied after 5 years being married not after 5 years your passport was first stamped?

[matinuk2]

hi everyone
i am in the same situation just with a bit more complication.
i think the correct way is, if you were married in uk and you were exercising your treaty right but you got your stamp in your passport after that, then it would be count since you got married. if you were married before coming to uk then it would be since you have entered uk.
as a matter of must be living 5 years in uk, different situation has different time table, for example, if you are even unmarried partner of british or ILR holder, and you have been living together for 2 years, even outside uk, they will give you 2 years probationary visa and then ILR and if you've been together for 4 years even outside uk, then they will give you ILR straight away.

so as my understanding from EU law and confirmation of my solicitor, if you got married in this country, then it would be 5 years since you were married regardless of when did you got your stamp.