EEA4 application rejected twice

[eric79]

hi all i really need your help.
my wife application for permanent residence as a non eu family member has been rejected twice.
uk border agency need, proof of residenc in the uk for a minimum of five years.

she came with a family permit in september 2005. then
uk border agency deliver to her a residence permit valid till 27 october 2009

so her residence permit will run out and they dont want to give her a permanent residence. she is self sufficient and work only 1 n half year in uk . i really dont know what they really want as they can check in her passport . need your advices guys t hanks a lot

[86ti]

Typo? September 2005 + 5 years would make it September 2010.

What documents did you send with your application? The passport is not a proof of residence as IOs are actually not allowed to stamp the passport.

[eric79]

Typo? September 2005 + 5 years would make it September 2010.

What documents did you send with your application? The passport is not a proof of residence as IOs are actually not allowed to stamp the passport.

thanks for your reply
so why did they give her a residence stamp till october 2009?
i came to uk in 2003 got a permanent residence as eu national
thanks a lot again.

[eric79]

Typo? September 2005 + 5 years would make it September 2010.

What documents did you send with your application? The passport is not a proof of residence as IOs are actually not allowed to stamp the passport.

thanks for your reply
so why did they give her a residence stamp till october 2009?
i came to uk in 2003 got a permanent residence as eu national
thanks a lot again.

oh sorry again as i send my p60s my employer letter my permanent residence card,our original marriage certificate my passsport n her aswell and we have a baby born in uk who is british citizen .thanks

[86ti]

Directive 2004/38/EC came into force in April 2006. I guess she got the residence permit (it is called residence card now) under the old rules. I do not know about the transitional rules but you should find them in the following document
http://www.opsi.gov.uk/si/si2006/20061003.htm

To proof residence you could submit e.g. utility bills, council tax statements, maybe statements for your bank account (although they are not required per se). Of course, her name should be on them...

[Obie]

I think UKBA might be right on that one. I think the initial residency was issued under the Pre 2004/38EC rule. At things stand, your wife will not qualify until 2010 September. She would have to have resided for 5 years with you in the UK, for her to qualify. The Pre 2004/38EC rule confers permanent residency in 4 years under national rules, as EU law then did not provide for permanent residency.

[eric79]

Directive 2004/38/EC came into force in April 2006. I guess she got the residence permit (it is called residence card now) under the old rules. I do not know about the transitional rules but you should find them in the following document
http://www.opsi.gov.uk/si/si2006/20061003.htm

To proof residence you could submit e.g. utility bills, council tax statements, maybe statements for your bank account (although they are not required per se). Of course, her name should be on them...

thanks 86ti thanks a lot for your advices.
she came in septemer 2005 didnt work at all because she was pregnant october 2005 to june 2006 .she open a bank account in 2007 works part time and stop in june 2009. again. the problem is the stamp they give her run out in the end of this month. no proof f september 2005 to february 2006. very stressing . thanks again

[86ti]

The stamp may expire but that won't have any effects on her right to stay with you. If you can't apply for PR then you can apply for a Residence Card on form EEA2.

[eric79]

The stamp may expire but that won't have any effects on her right to stay with you. If you can't apply for PR then you can apply for a Residence Card on form EEA2.

thanks i will try to call them again i did call about 10 times today but cant get through thanks a lot 86t

[eric79]

I think UKBA might be right on that one. I think the initial residency was issued under the Pre 2004/38EC rule. At things stand, your wife will not qualify until 2010 September. She would have to have resided for 5 years with you in the UK, for her to qualify. The Pre 2004/38EC rule confers permanent residency in 4 years under national rules, as EU law then did not provide for permanent residency.

thanks obie. so that mean she can go n look for a job because the stamp in her passport is expire.she cant travel beacuse the stamp run out . thanks anyway for your reply

[Obie]

I think the UKBA would, if you insist, either issue a resident card with a validity up to the time she qualifies, or issue her with an ILR, under previous rule.

Due to the fact that people who were previously issued 4 years leave had to apply for ILR using national rules on expiry of their leave, as opposed to EU rules, they might still be allowed to do so. It is worth enquiring about.

It is not compulsory to apply for a Resident Card, but as you stressed earlier, it will be difficult to enter the UK without it , as you wife would be required to apply for EEA family permit each time. It will also be hard to convice employers to take her onboard

[keshgrover]

I think the UKBA would, if you insist, either issue a resident card with a validity up to the time she qualifies, or issue her with an ILR, under previous rule.

Due to the fact that people who were previously issued 4 years leave had to apply for ILR using national rules on expiry of their leave, as opposed to EU rules, they might still be allowed to do so. It is worth enquiring about.

It is not compulsory to apply for a Resident Card, but as you stressed earlier, it will be difficult to enter the UK without it , as you wife would be required to apply for EEA family permit each time. It will also be hard to convice employers to take her onboard

Your wife might struggle with a lot things as vintage on passport does a lot in other manners. But it is not compulsory. I think you are better off applying for your wifes extention on EEA2 and PR after that. If you do not have any travelling plans near future and can wait until she reaches 5 years period. OR you can use UK immigration route and apply her ILR as you are settled now she might do qualify under UK route. I think you may get success. What do you say Obie?

[Obie]

Kesh, you are quite right, about the fact that a Residency Stamp/Resident Card on the passport of a non-EEA family members of an EEA national is vitally important, albeit not a compulsory requirement.

Prior to 30th April 2006, non-EEA family members of EEA national used to be treated under 255-257 of the Immigration Rules.. This practice discontinued, as it does not conform with the subsequent rules, ie 2004/38EC.

Applications received before 30th of April 2006 were treated under that rule. Those received after, are dealt with under the 5 years requirements stipulated on the Directive.

In the period leading up to 04/06, people were issued with a 5 years Resident card as opposed to the 4 years one.

The OP's partner will need to reapply for a resident card which will be valid for 5 years, and apply for Permanent Resident card a years after that, when she will be qualified.

If she wants to benefit from the fact that her husband holds a permanent resident status in the UK, she will need to leave the UK and apply for a spousal visa overseas.

To be honest Kesh, it will be a waste of time and money, as the woman will qualify for permanent resident before the time her spousal visa would expire.

[eric79]

Kesh, you are quite right, about the fact that a Residency Stamp/Resident Card on the passport of a non-EEA family members of an EEA national is vitally important, albeit not a compulsory requirement.

Prior to 30th April 2006, non-EEA family members of EEA national used to be treated under 255-257 of the Immigration Rules.. This practice discontinued, as it does not conform with the subsequent rules, ie 2004/38EC.

Applications received before 30th of April 2006 were treated under that rule. Those received after, are dealt with under the 5 years requirements stipulated on the Directive.

In the period leading up to 04/06, people were issued with a 5 years Resident card as opposed to the 4 years one.

The OP's partner will need to reapply for a resident card which will be valid for 5 years, and apply for Permanent Resident card a years after that, when she will be qualified.

If she wants to benefit from the fact that her husband holds a permanent resident status in the UK, she will need to leave the UK and apply for a spousal visa overseas.

To be honest Kesh, it will be a waste of time and money, as the woman will qualify for permanent resident before the time her spousal visa would expire.

many thanks obie for your help i will try again today to call ukba she cant find job now . thanks a lot

[eric79]

I think the UKBA would, if you insist, either issue a resident card with a validity up to the time she qualifies, or issue her with an ILR, under previous rule.

Due to the fact that people who were previously issued 4 years leave had to apply for ILR using national rules on expiry of their leave, as opposed to EU rules, they might still be allowed to do so. It is worth enquiring about.

It is not compulsory to apply for a Resident Card, but as you stressed earlier, it will be difficult to enter the UK without it , as you wife would be required to apply for EEA family permit each time. It will also be hard to convice employers to take her onboard

Your wife might struggle with a lot things as vintage on passport does a lot in other manners. But it is not compulsory. I think you are better off applying for your wifes extention on EEA2 and PR after that. If you do not have any travelling plans near future and can wait until she reaches 5 years period. OR you can use UK immigration route and apply her ILR as you are settled now she might do qualify under UK route. I think you may get success. What do you say Obie?

thanks i will try to explain to them that idea .