Why do I need EEA 4 Supporting Documents?

[Masterixas]

I'm an EEA citizen my wife is not. I'm in the UK since 2002 therefore I'm a permanent resident. Although I knew I have no need of extra documents to be entitled a PR, I have requested confirmation from the Home Office that I am a PR. I sent them all docs showing that I was living at the time for over 5 years under EEA treaty rights and after a few months they sent me a blue card which has no expire date certyfing that I am a PR for life.

Now my wife who is not an EEA citizen just finish her 5 year term in the UK under the EEA family visa. So we are ready to apply for her PR via EEA4 form.

Now in this form it asks some info about my wife, but much more info about me and that I need to proof that I've been living in the UK under treaty rights for at least 5 years.

Now why in the heck do I need to proof immigration that I have been in the UK for 5 or more years under treaty rights if I have just done that a few years ago and that is why they have issued me a PR certificate?

Do I need to proof myself again? Shouldn't be sufficient to me to send together with my wife EEA4 form my PR blue card because that card already is proof that I pass the 5 year illegiblility requirements?

I haven't call Home Office yet but my wife reckins I do need to send all those docs such as bank statements, P60's you know all the normal stuff, but I have send all that a few years ago to receive my PR certificate why would I need to do it again? I have no need to proof Home Office that I'm a PR it's already done and they have granted me that in that certificate.

It's all about 2Kg of documents vs. One blue card called PR certificate.

What you guys think?

[Plum70]

I think your PR card should be sufficient.

[vinny]

See also EC law applications.

[Masterixas]

Thanks for the answers so far. I was just wondering if even PR card is fine if there's additional supportive docs I should consider send.
Any ideas?

[Mary1]

Hi

The choice here is really yours...I Personally agree with your wife and you should send the 2kg documents as its saves you time and money if the application is returned...........The new H/O policy is to return your application if its incomplete and detail what is required for it to be processed.

Mary

[fysicus]

I think I am in a very similar position. For your information: a week ago my wife sent in her EEA4 form with 116 grams (as weighed by the PostOffice) of documents (including the envelop and the form itself). We'll wait and see if it was enough...
Our case should be trivial: I was with the same employer for the last six years, my wife and I lived together since our marriage just over five years ago, and we are still at the same address as when she got her RC five years ago.

[Masterixas]

fysicus:

Have you send only the form with the blue card or have you sent other docs as well?

Let me know.

Thanks

[fysicus]

First of all we sent my wife's passport of course, my residence permit issued in 2005 (which now has the status of registration certificate) and a letter from my employer confirming I was in this job from more than six years ago until now. In a cover letter we also briefly outlined our situation, and the form itself of course. The HO reference number that you have to enter on the form should give the caseworker access to our file which I presume contains copies of all documents we sent about five years ago to get the Residence Card for my wife. I don't see the point of sending documents or information they already have (or should have).
To be honest, my experience is they always ask for more documents, regardless how much you send them the first time. So I think it is better to feed them slowly.

[Pasha]

So long as you can show that you have exercised your treaty right for a continuous of 5 years, you dont need to send all those documents again. A letter from yout employer will suffice.

The only area that could lead to being requested additional documents (to show proof of exercising a treaty right for a continuous 5 years) is for the gap between you being granted your PR and your wife applying for her PR. Your employers letter should (atleast) cover that period and as your PR Residence card will be included, this satisies the criteria for 'continuous' exercising of treat your rights which coincides with the time frames of your wifes 5 year residence card (hope that makes sense)

Pasha

[fysicus]

First of all we sent my wife's passport of course, my residence permit issued in 2005 (which now has the status of registration certificate) and a letter from my employer confirming I was in this job from more than six years ago until now. In a cover letter we also briefly outlined our situation, and the form itself of course. The HO reference number that you have to enter on the form should give the caseworker access to our file which I presume contains copies of all documents we sent about five years ago to get the Residence Card for my wife. I don't see the point of sending documents or information they already have (or should have).
To be honest, my experience is they always ask for more documents, regardless how much you send them the first time. So I think it is better to feed them slowly.

Indeed our application was rejected initially (for IMHO illegal reasons): they did not accept my registration certificate as proof of nationality and identity, even though it is a document issued by themselves confirming that they have verified my identity and nationality (and if I would have acquired British nationality after it was issued, UKBA would know about that even before me), and secondly they demanded the original marriage certificate, which again they had seen before when the first residence card for my wife was issued, and I would expect that a copy would still be held in our file with UKBA. So we had to resend the whole application again four weeks later (this time the whole lot was 181 grams) and now it has been accepted as complete and we received a Certificate of Application.
The underlying reason for all this harassment from UKBA is, I think, that in this way they steal a little bit extra time for themselves before the six-month-rule takes effect, and their statistics for response time looks a bit better artificially!

[mcovet]

The only reason why the UKBA may wish to see the proof of exercising the Treaty Rights again is. If you exercised TR not as a worker, but as a self-sufficient or student, and acquired a PR, this doesn't necessarily mean that your wife would automatically get hers, since, she would need to have been covered by insurance throughout this term.

Therefore, it follows that the UKBA would need to confirm you were working/self-employed and got your PR this way. I may be wrong, but this is the only other reason I see it, apart from wasting time.

Also, one of the posters noted that for the wife to get PR, the husband would still need to be working etc even after getting the PR? I don't think that's quite correct, as once acquired, it can only be lost by absences of more than 2 consecutive years.

Any updates on your cases?

[fysicus]

Any updates on your cases?

I'm not expecting any spectacular developments soon. We have the CoA and a decision follows probably near or may be even after the six-months mark, despite our case being trivial IMHO.
End of november I will ask for our passports to be returned so that we can see our family abroad for Christmas.

[fysicus]

Well, we received the result in the form of an Immigration Status Document, which is an A4 piece of paper with the Permanent Residence Card as a sticker attached to it. So for about 10 years we will now not need to deal with UKBA, great!!

From my experience, and a few others who posted the timelines of their applications, it seems that about four months is the current processing time for straightforward EEA4 applications.