EEA3 - Permanent residence

[popeye]

The Immigration (European Economic Area) Regulations 2006:
Exercising Treaty Rights

Vs

EU Directive 2004/38/EC
Permanent Residence no subject to any conditions

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The Immigration (European Economic Area) Regulations 2006:
http://www.opsi.gov.uk/si/si2006/20061003.htm
THE IMMIGRATION (EUROPEAN ECONOMIC AREA) REGULATIONS 2006
CHAPTER IV – RIGHT OF PERMANENT RESIDENCE

Regulation 15(1)(a):
15. —(1) The following persons shall acquire the right to reside in the United Kingdom permanently—
(a) an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;

http://www.2-3graysinnsquare.co.uk/pdf/ ... t_2006.pdf
those EEA nationals who have resided in the UK for a continuous period of five years (I(EEA) Regs reg 15(1)(a)). However, this residence must have been in accordance with the EEA regulations, either the old (Immigration (European Economic Area) Regulations 2000 SI No 2326) or the new ones. An EEA national’s mere presence in the UK, without a right to reside, will not give rise to a permanent right to do so.

http://www.official-documents.co.uk/doc ... 3/1053.pdf
(a) the introduction of a permanent right of residence in a host Member State, which generally applies after 5 years residence in that Member State by an individual, provided that during this period s/he has been exercising a Treaty right (i.e. employment, self-employment,studying or self-sufficiency).
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VS

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EU Directive 2004/38/EC

D. Right of permanent residence
Article 16 (1):
“Union citizens who have resided legally for a continuous period of five years in the host Member State shall have the right of permanent residence there. This right shall not be subject to the conditions provided for in Chapter III [i.e., Articles 6–15, among these the existence of sufficient resources and comprehensive sickness insurance cover].”

"Residence is not conditional on any other condition than having been in that country."

http://www.openeurope.org.uk/research/freemovement.pdf
• This right is not linked to having worked in the UK at all and therefore the right of permanent residence is acquired by virtue of not being expelled within five years. The Government expressed concern about this, telling the European Scrutiny Committee that, “we have concerns that the current wording … would allow EU nationals and their family members to gain permanent residence even if they had not met the conditions of Chapter III
[Right of Residence] for four years by working, studying, or being selfsufficient.”• The Government promised that, "The UK delegation will push to ensure that the text is changed so that only those EU nationals and family members who met the conditions of Chapter III would be entitled to permanent residence."9 Unfortunately the Government did not succeed in getting these changes made

Article 21
Continuity of residence
For the purposes of this Directive, continuity of residence may be attested by any means of proof in use in the host Member State. Continuity of residence is broken by any expulsion decision duly enforced against the person concerned.

http://europa.eu/scadplus/leg/en/lvb/l33152.htm
"Union citizens acquire the right of permanent residence in the host Member State after a five-year period of uninterrupted legal residence, provided that an expulsion decision has not been enforced against them. This right of permanent residence is no longer subject to any conditions"

http://www.blackwell-synergy.com/doi/pd ... ookieSet=1
"First, the Directive abolishes the sector-by-sector or piecemeal approach to free movement rights"

http://www.cesifo.de/link/_special/spec ... b-2004.htm
http://www.cesifo-group.de/link/special ... 2004-e.pdf
D. Right of permanent residence
Article 16 (1):
“Union citizens who have resided legally for a continuous period of five years in the host Member State shall have the right of permanent residence there. This right shall not be subject to the conditions provided for in Chapter III [i.e., Articles 6–15, among these the existence of sufficient resources and comprehensive sickness insurance cover].”
After five years, a right of permanent residence is also given to persons who are not employed. It is granted without any further conditions, even if these individuals do not have sufficient resources or comprehensive sickness insurance cover."

http://eur-lex.europa.eu/LexUriServ/sit ... 770123.pdf
Article 21
Continuity of residence
For the purposes of this Directive, continuity of residence may be attested by any means of proof in use in the host Member State. Continuity of residence is broken by any expulsion decision duly enforced against the person concerned.

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It is of course an open question as to whether British public opinion will some day demand unilateral abrogation of EU laws on this subject (among others) irrespective of consequences for EU membership.

"acquis communautaire", ---> "if someone wants to join a club he or she should accept the club rules"

Enjoy!!!

[ppron747]

Are you intending to continue to post much the same thing, over and over again, popeye? It is getting old...

[popeye]

no Comment

[ppron747]

The trouble is, popeye, that by bombarding the board with this stuff - and it does seem to be the same stuff, again and again - you're making it impossible to sort the wheat from the chaff. I was just hoping to find the answer to a question, a few minutes ago - see my post to "peppy" - but I had to give up, because you had deluged the thread with lots and lots of words, and lots and lots of links...

I'm not annoyed, and I'm not about to ban you (today, anyway ) but I just wish you would appreciate that restating your argument doesn't strengthen it. It just means that you have run out of new things to say....

[popeye]

With the help from the moderators and all of you Guys, for all these people from the new Accession State Countries who will ask once again - Why Before was possible And Permanent Residence was Given to Citizens from accession States.
If any Solicitor or Immigration Advisor tells you that it is Possible as it was Before, and clock will not be Reset, Please do consult someone else.

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EUROPEAN DIRECTORATE INSTRUCTIONS 11/05

CHAPTER 14
Key Points

On 1 May 2004 Cyprus, the Czech Republic, Estonia, Hungary, Latvia,
Lithuania,Malta, Poland, Slovakia and Slovenia became Member States of the European
Union.

The Accession Treaty gave nationals from the ten new Member States the right to travel freely across the European Union allowing them to visit, live, study in any Member State.
Nationals from all ten new Member States are able to pursue activities as self employed persons in any Member State and nationals from Malta and Cyprus are able to work in any Member State

Restrictions under the Accession Treaty.

Under the Accession Treaty, Member States were able to restrict access to the labour market for nationals of Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia...

...
8.1 Permanent Residence for Accession State nationals and their family
members

Time spent prior to 1 May 2004 in categories leading to settlement can be added to the time spent as a registered worker and/or time in possession of a residence permit/residence document/family member residence stamp. Therefore, Accession State nationals and their family members who had leave to enter or remain in a category which lead to settlement prior to 1 May 2004, and have then exercised their rights under EC law and continue to do so, may be granted permanent residence after a total of four years.

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<---
30/04/06
STATEMENT OF CHANGES IN IMMIGRATION RULES HC 1053
The Immigration (European Economic Area) Regulations 2006
--->

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EUROPEAN DIRECTORATE INSTRUCTIONS 05/06

CHAPTER 7
ACCESSION STATE NATIONALS
1. Introduction
Key Points
• On 1 May 2004 Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta,Poland, Slovakia and Slovenia became Member States of the European Union.
• The Accession Treaty gave nationals from the ten new Member States the right to travel freely across the European Union allowing them to visit, live and study in any Member State. Nationals from all ten new Member States are able to pursue activities as selfemployed persons in any Member State and nationals from Malta and Cyprus are able to work in any Member State Restrictions under the Accession Treaty
• Under the Accession Treaty, Member States were able to restrict access to the labour market for nationals of Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia (“A8 nationals”)...
...
9. Permanent Residence
A8 Nationals and their family members are eligible for permanent residence once they have exercised their Treaty Rights in the United Kingdom for 5 years. The time spent in the United Kingdom prior to 1 May 2004 does not count towards the qualifying period for permanent residence. However time spent as a registered worker on the Workers Registration Scheme will count towards the qualifying period. If we receive a request for permanent residence the applicant should be informed that /she does not qualify for permanent residence and will only be entitled to a document certifying permanent residence when s/he has exercised Treaty Rights for 5 years in the United Kingdom. S/heshould also be told that his/her application will be treated as withdrawn after 28 days unless s/he indicates in writing, that s/he wishes to continue with his/her application.A letter informing the applicant of the above can be found at Annex F of this chapter.
NB: Employment prior to 1 May 2004 does not count towards the qualifying period. This would also include people in self-employment under the ECAA association agreement or those who were granted leave to enter or remain under the Immigration Rules in categories leading to settlement. Should the applicant choose to continue with the application, s/he should be refused on the basis that s/he has not exercised Treaty Rights for 5 years in the UK. Please refer to Chapter 6 for details on refusing permanent residence.

Hope is not considered [Spam]...If it is Apologize.

[popeye]

indefinite leave to remain for a person established in business under provisions of an EC Association Agreement

Total Swing from the rules, I gues A8 persons established in business under provisions of an EC Association Agreement will argue if they have continued to be self-employed after the accesion date, no such change for them...I can't find reason for the HO swing, but it's good for Self-Employed Bulgarians and Romanians already in UK.


http://www.official-documents.gov.uk/do ... 0/0130.pdf

Laid before Parliament on 11 December 2006
3. For paragraph 222 (indefinite leave to remain for a person established in business under provisions of an EC Association Agreement) there is substituted –
“222. Indefinite leave to remain may be granted, on application, to a person established in business
provided he –
(i) is a national of Bulgaria or Romania; and
(ii) entered the United Kingdom with a valid United Kingdom entry clearance as a person intending to establish himself in business under the provisions of an EC Association Agreement; and
(iii) was granted an extension of stay before 1st January 2007 in order to remain in business under the provisions of the Agreement; and
(iv) established himself in business in the United Kingdom, spent a continuous period of 5 years in the United Kingdom in this capacity and is still so engaged; and
(v) met the requirements of paragraph 222A throughout the period of 5 years; and
(vi) submits audited accounts for the first 4 years of trading and management accounts for the 5th year.
222A. The requirements mentioned in paragraph 222(v) are that throughout the period of 5 years –
(i) the applicant’s share of the profits of the business has been sufficient to maintain and accommodate himself and any dependants without recourse to employment (other than his work for the business) or to public funds; and
(ii) he has not supplemented his business activities by taking or seeking employment in the Unitedm Kingdom (other than his work for the business); and
(iii) he has satisfied the requirements in paragraph 222B or 222C.
222B. Where the applicant has established himself in a company in the United Kingdom which he effectively controls, the requirements for the purpose of paragraph 222A(iii) are that–
(i) the applicant has been actively involved in the promotion and management of the company; and
(ii) he has had a controlling interest in the company; and
(iii) the company was registered in the United Kingdom and has been trading or providing services in the United Kingdom; and
(iv) the company owned the assets of the business.

222C. Where the applicant has established himself as a sole trader or in a partnership in the United Kingdom, the requirements for the purpose of paragraph 222A(iii) are that–
(i) the applicant has been actively involved in trading or providing services on his own account or in a
partnership in the United Kingdom; and
(ii) the applicant owned, or together with his partners owned, the assets of the business; and
(iii) in the case of a partnership, the applicant’s part in the business did not amount to disguised employment.”
4. After paragraph 223 there is inserted –
“223A. Notwithstanding paragraph 5, paragraphs 222 to 223 shall apply to a person who is entitled to remain in the United Kingdom by virtue of the provisions of the 2006 EEA Regulations.”


"7.5 As a transitional provision, however, we are continuing the ECAA rules for grants of indefinite leave to remain (ILR), as the regulations applying to EU nationals (the Immigration (European Economic Area) Regulations 2006/1003) will not, on accession, provide the same rights to settlement as the ECAA rules for ILR. To acquire permanent residence under the 2006 Regulations Bulgarian and Romanian nationals will generally need to reside in the United Kingdom in accordance with the Regulations for five years after accession. Continuing the ECAA rules for ILR will mean that Bulgarian and Romanian nationals who have already established themselves in the United Kingdom before accession will be able to acquire an equivalent status to permanent
residence (i.e. ILR) under the rules based in whole or in part on time already spent in the United Kingdom."

[popeye]

Responce from IND - How HO calculate the years for IRL.
Original Document link:

http://it-responce.com/upload/Download. ... le=c%3A%5C Public%5CResponse+5217%2Edoc


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"Our Ref: IND-FOI- 5217
Your Ref:
Date: 15 December 2006

Dear Sir,

Thank you for your email of 30 November 2006 where you have requested non disclosed guidance issued to European caseworkers. This falls to be dealt with under the Freedom of Information Act 2000. I have listed your question below for reference.

I would like to acquire any “not disclosed" guidance or internally used documents available to the caseworkers from Immigration and Nationality Directorate (European Casework) regarding how caseworkers are instructed to calculate years of residency in UK and what counts for qualifying period for ILR or Permanent Residence under the instruction.

All guidance issued to caseworkers is currently available to you in the public domain (there is no undisclosed guidance) and it can be found on the Immigration and Nationality Directorate (IND) website. Section 21 of the Freedom of Information Act absolves IND as part of the Home Office from any duty that it would otherwise have to supply you with this information on the grounds that it is already in the public domain. However, should you have any difficulties in accessing this information through the means listed above please do not hesitate to contact me again quoting the reference number supplied above.

In response to the issues you have raised in your email concerning permanent residence, permanent residence for European Union citizens is provided for under Article 16 of Directive 2004/38/EC. In turn, these provisions have been transposed into British legislation in the form of Regulation 15 of The Immigration (European Economic Area) Regulations 2006.

In order to qualify for permanent residence under these regulations, a European Union citizen who has been a qualified person for five years and lived here throughout that time can acquire settlement under European law. To be a qualified person usually means you will have been either a worker, self employed person, student or self sufficient person. Equally, any combination of these is acceptable throughout the five year period.

Nationals of Romania and Bulgaria will join the European Union on 1 January 2007. From that date, such persons will be subject to the provisions regarding permanent residence enshrined in Directive 2004/38/EC and the subsequent Immigration (European Economic Area) Regulations 2006.Time spent in the UK by such nationals prior to Accession does not count towards the 5 year qualifying period needed to acquire permanent residence under European law. This is because before joining the European Union in the New Year, nationals of Romanian and Bulgaria were not European Union citizens. As a result, the earliest point an accession national would acquire permanent residence under the terms of the Directive would be 1 January 2012.

After Accession there may be a number of Romanian and Bulgarian nationals who still have leave under categories of the Immigration Rules such as the ECAA agreement, Work Permit employment, or as a spouse of a British citizen/settled person. If they have such leave to the point where they could normally apply for indefinite leave to remain, such persons would still be able to make an application under the relevant provisions of the Immigration Rules. This type of application would be for indefinite leave to remain. While it equates to settlement, indefinite leave to remain is leave granted under the UK’s own domestic provisions. It is not granted under the European legislation quoted above.

In keeping with the spirit and effect of the Freedom of Information Act, all information is assumed to be releasable to the public unless exempt. The Department will, therefore, be simultaneously releasing to the public the information you requested together with any related information that will provide a key to its wider context.

If you are dissatisfied with this response you may request an independent internal review of our handling of your request by submitting your complaint to:

IND Complaints Unit
11th Floor, West Wing
Block 'C'
Whitgift Centre
Wellesley Road
Croydon
CR9 1AT

During the independent review the department’s handling of your information request will be reassessed by staff who were not involved in providing you with this response. Should you remain dissatisfied after this internal review, you will have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act.

Yours faithfully,
Mr Feakins,
Freedom of Information Team
Immigration and Nationality Directorate (IND)

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>>>
http://www.official-documents.gov.uk/do ... 0/0130.pdf
2. Paragraphs 211 to 221 (persons intending to establish themselves in business under provisions of EC
Association Agreements – leave to enter and extension of stay) are deleted.



>>>
http://www.official-documents.gov.uk/do ... 0/0130.pdf
3. For paragraph 222 (indefinite leave to remain for a person established in business under provisions of an EC
Association Agreement) there is substituted –
(iii) was granted an extension of stay before 1st January 2007 in order to remain in business under the
provisions of the Agreement; and



>>>
http://www.ind.homeoffice.gov.uk/lawand ... ules/part6
Refusal of indefinite leave to remain for a person established in business under the provisions of an EC Association Agreement
223. Indefinite leave to remain in the United Kingdom for a person established in business is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 222 is met.
223A. Notwithstanding paragraph 5, paragraphs 222 to 223 shall apply to a person who is entitled to remain in the United Kingdom by virtue of the provisions of the 2006 EEA Regulations.
##################################


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http://www.ind.homeoffice.gov.uk/lawand ... tionrules/
PARA - 211-223A - Persons intending to establish themselves in business under the provisions of EC Association Agreements (Para 211 to 221 to be deleted on 1 Jan 2007)

http://www.ind.homeoffice.gov.uk/lawand ... ules/part6
(Para 211 to 221 to be deleted on 1 Jan 2007)

217.Requirements for an extension of stay in order to remain in business under the provisions of an EC Association Agreement - to be deleted on 1 Jan 2007)
220. Extension of stay in order to remain in business under the provisions of an EC Association Agreement - to be deleted on 1 Jan 2007)
##################################

http://www.ind.homeoffice.gov.uk/aboutu ... iabulgaria
http://www.ind.homeoffice.gov.uk/6353/2 ... eUKQ_A.pdf
##################################
I'm here on a self-employed basis. Can the time I have already spent lawfully in the UK count towards an application for permanent residence?
If you would have been in a position to make an application for indefinite leave to remain at the expiry of your current leave, then this time can count towards an application for indefinite leave to remain under the immigration rules. If you are not in such a position, then your qualifying period of residence as an EEA national exercising a treaty right will commence from 1 st January 2007, In order to be a permanent resident in a member state you need to have lived in that state, as an EEA National, exercising a treaty right for five years. Bulgarian and Romanian Nationals will therefore become permanent residents in the United Kingdon after 1 January 2012 as at any time after that date they could have lived in the UK as an EEA citizen whilst exercising a treaty right for five years.
##################################

[popeye]

EUROPE DIRECT -

Enquiry posted on
09/12/2006
Enquiry
34150

Your rights to obtain permanent residence in the UK hang on a correct interpretation of Article 16 of Directive 2004/38. This Article applies to “Union citizens who have resided legally for a continuous period of 5 years”. This is clearly ambiguous, as it leaves it unclear whether or not such persons must have been Union citizens for the duration of the 5-year period. You could write to the Commission at 200 rue de la Loi, 1040 Bruxelles, Belgium, and they may be able to give you an opinion on this matter. The only way, however, to really avoid this ambiguity would be to obtain a ruling of the European Court of Justice (ECJ) on this point. If you feel that your rights are being breached, you should seek legal advice in the UK. If a case is subsequently brought to court, that court may make an application to the ECJ for clarification of this point. You should contact Solvit for assistance in enforcement matters (europa.eu.int/solvit).


The advice given by the Signpost Service legal experts is independent advice and shall not be considered to be the opinion of the European Commission. As such it will not in anyway bind the Commission.

Note: To post another enquiry, please visit the Signpost Service Web Site or contact EUROPE DIRECT.

[mataleo]

Hello, I would like to know about my next steps in getting my UK Permanent Residence and my way to British naturalisation.

I am 26 male, polish.

I first entered UK in 22.09.2004 (legaly after Poland joined EU, so no need work visa, just WRS), after month or two registered under WRS (Worker Registration Scheme). [so WRS can prove I was here, anyway thay should know, because i already sended all when apply for EEA1 ??, they should keep track ?]

next after a year and something i apply for: Residence Permit For a National of a Member State of the EEC (EEA1). Date of issue: 9.05.2006, valid untill: indefinitely.

When I'll be eligible for Permanent Residence (EEA3) ?. Is it EEA3 a patch to British naturalisation? (passport).

Is it in my case 5 years period counts from my 1 enter to UK ? 22.09.04? or from date of EEA1 issue? 9.05.06 ???

When should I apply for EEA3 ?

Am I eligible for Indefinite Leave to Remain (ILR), after 5 years ? or its better to go for EEA3 in my case (already got EEA1)

My next question is about marriage.

I have Thai gf, want to marry in the future, I want her to come to UK.
She will be eligible to get UK VISA, if I am polish on EEA1 residence permit in UK. ?

Is it EEA1 gives me Settlement rights / status ?

"A UK marriage visa, or spouse visa, enables your husband, wife or civil partner to apply for leave to enter, or leave to remain in the UK on the basis that they are married to a person who is present and settled in Britain. Settled status means that you are living here lawfully with no time limit on your stay. "


please see:

http://www.Named OISC advisers.com/page51_marriage.aspx

http://www.ind.homeoffice.gov.uk/applyi ... unationals


http://www.ind.homeoffice.gov.uk/docume ... iew=Binary



hope you can help


Thank You.

[JAJ]

I first entered UK in 22.09.2003 (legaly after Poland joined EU, so no need work visa, just WRS), after month or two registered under WRS (Worker Registration Scheme)

Poland did not join the EU until 1 May 2004 so your information does not make sense.

[John]

Is it in my case 5 years period counts from my 1 enter to UK ? 22.09.03? or from date of EEA1 issue? 9.05.06 ???

Neither, your 5 year period started when Poland joined the EU on 01.05.04. So your 5 years is up on 01.05.09, on which date, on your facts, you will automatically have PR status, even without applying for it!

Yes you can then complete a form EEA3 and get a sticker in your Polish passport, but that sticker is merely confirmatory .... it adds nothing to your rights.

Your Thai girlfriend. Presumably the two of you will marry in Thailand. (My wife hails from Thailand and that is where we married.) After you register the legal marriage at the Amphur (Register Office) in Thailand your wife (as she will be) should apply for an EEA Family Permit using form VAF1. Once she has that EEA Family Permit in her Thai passport she can move to the UK, and after arrival, and during the 6-month period of validity of EEA Family Permit, she would apply on form EEA2 for a Residence Card.

In order for you to get legally married in Thailand you will need to sign an affirmation document at the Polish embassy in Thailand, get that translated into Thai, and then get the original document and the translation into Thai stamped by the Thai Ministry of Foreign Affairs. Sounds completed but it is not, and once you have your stamped affirmation document you can get married in Thailand. You and your fiancée would attend at the Amphur without appointment, complete a simple form, pay a few baht and get handed your marriage certificate.

[mataleo]

I first entered UK in 22.09.2003 (legaly after Poland joined EU, so no need work visa, just WRS), after month or two registered under WRS (Worker Registration Scheme)

Poland did not join the EU until 1 May 2004 so your information does not make sense.

so sorry my bad, i entered 22.09.04 ,what this means then ? if u look at this dates now.

so date of issue of EEA1 is nothing to do with my 5 years period? is it starts counting from 22.09.04 then ???


thank you and sorry for mistake

[mataleo]

Is it in my case 5 years period counts from my 1 enter to UK ? 22.09.03? or from date of EEA1 issue? 9.05.06 ???

Neither, your 5 year period started when Poland joined the EU on 01.05.04. So your 5 years is up on 01.05.09, on which date, on your facts, you will automatically have PR status, even without applying for it!

Yes you can then complete a form EEA3 and get a sticker in your Polish passport, but that sticker is merely confirmatory .... it adds nothing to your rights.

Your Thai girlfriend. Presumably the two of you will marry in Thailand. (My wife hails from Thailand and that is where we married.) After you register the legal marriage at the Amphur (Register Office) in Thailand your wife (as she will be) should apply for an EEA Family Permit using form VAF1. Once she has that EEA Family Permit in her Thai passport she can move to the UK, and after arrival, and during the 6-month period of validity of EEA Family Permit, she would apply on form EEA2 for a Residence Card.

In order for you to get legally married in Thailand you will need to sign an affirmation document at the Polish embassy in Thailand, get that translated into Thai, and then get the original document and the translation into Thai stamped by the Thai Ministry of Foreign Affairs. Sounds completed but it is not, and once you have your stamped affirmation document you can get married in Thailand. You and your fiancée would attend at the Amphur without appointment, complete a simple form, pay a few baht and get handed your marriage certificate.

Thank you for good info mate.

I did mistake, i entered UK 22.09.04 ,so is it 5 years period time counts from this date?, not from date issue of EEA1?

So can i bring my thai wife to UK, on my EEA1 residence permit? and she can apply for visa here? as my wife u reckon ? No need EEA3 to do it ?, thats what i need to know as well.

is it EEA3 after one year leeding to uk assport ? like ILR ?

thanks


ps.


when can i apply for EEA3 ? after how long? 2 years after haveing EEA1 ? or 3 ? or may b 5 from enter to uk ?

[mataleo]

Dear Sir,

Thank you for your enquiry.

As an EEA national you are not subject to immigration control and can live and work in the UK without restriction.

If you wish to formalise your stay in the UK, you should apply to the Home Office for a Registration Certificate, using the EEA1 application form. You are not legally required to do so.

After 5 years in the UK exercising your Treaty Rights, you can apply to the Home Office for Permanent Residence, using the EEA3 application form.



What means:

"After 5 years in the UK exercising your Treaty Rights, you can apply to the Home Office for Permanent Residence, using the EEA3 application form."

is it means 5 years from when ??? in my case ? from my enter to UK or datre of issue EEA1.

thank you


from date

[jes2jes]

Dear Sir,

Thank you for your enquiry.

As an EEA national you are not subject to immigration control and can live and work in the UK without restriction.

If you wish to formalise your stay in the UK, you should apply to the Home Office for a Registration Certificate, using the EEA1 application form. You are not legally required to do so.

After 5 years in the UK exercising your Treaty Rights, you can apply to the Home Office for Permanent Residence, using the EEA3 application form.



What means:

"After 5 years in the UK exercising your Treaty Rights, you can apply to the Home Office for Permanent Residence, using the EEA3 application form."

is it means 5 years from when ??? in my case ? from my enter to UK or datre of issue EEA1.

thank you


from date

From the day you became a resident in this country.

[John]

I did mistake, i entered UK 22.09.04 ,so is it 5 years period time counts from this date?, not from date issue of EEA1?

Yes, so you will get your PR status on 22.09.09.

So can i bring my thai wife to UK, on my EEA1 residence permit? and she can apply for visa here? as my wife u reckon ?

Where is your Thai girlfriend now? In the UK? if so, what is her UK immigration status?

If she is in Thailand now, in this order :-

• get married in Thailand
• apply for EEA Family Permit for her using application form VAF1 (your Residence Permit is quite sufficient for this purpose)
• she moves to the UK
• after arrival in the UK she would apply in the UK for a residence card using form EEA2

You are an EEA/EU Citizen exercising Treaty Rights in the UK. Accordingly one of those Treaty Rights is to have your family member ... your wife .... living with you in the UK. But as Thais are so-called visa nationals she needs an EEA Family Permit in her passport before travelling from Thailand to UK, otherwise the airline would not let her board the plane at Bangkok airport.

[mataleo]

Dear Sir,

Thank you for your enquiry.

As an EEA national you are not subject to immigration control and can live and work in the UK without restriction.

If you wish to formalise your stay in the UK, you should apply to the Home Office for a Registration Certificate, using the EEA1 application form. You are not legally required to do so.

After 5 years in the UK exercising your Treaty Rights, you can apply to the Home Office for Permanent Residence, using the EEA3 application form.



What means:

"After 5 years in the UK exercising your Treaty Rights, you can apply to the Home Office for Permanent Residence, using the EEA3 application form."

is it means 5 years from when ??? in my case ? from my enter to UK or datre of issue EEA1.

thank you


from date

From the day you became a resident in this country.

when was that ? date of enter to uk 2004 ? or date of issue of Residence permit EEA1.

EEA1 should counts back cuz u need to be in UK and work 1 year. so ???


but it should counts from when i enter? cuz i come here legaly, not like + 2 years to get EEA1 and then from tis time +5 ?

please can anyone explain this please

[John]

The EU regulations that came into force on 30.04.06 have had a profound impact. No longer is it necessary for an EU/EEA citizen to make applications, for a Residence Permit or a Permanent Residence sticker. They can if they want, but it is no longer necessary.

Accordingly, on your facts, you will get PR status on the 5th anniversary of moving to the UK to exercise Treaty Rights ..... on 22.09.09. You can submit a form EEA3 if you like, but it will only confirm the PR status that you will have automatically.

Are you intending to become a British Citizen? If so, on your facts, once you have had your PR status for 1 year, on 22.09.10, you could apply for Naturalisation as British.

Why might you want to do that? It will speed up the process of your Thai wife getting her British Citizenship. That is, after she has got her PR, if she is not then married to a British Citizen she will need to wait a further year before applying, but if married to a British Citizen then she can apply immediately she has her PR status.

[Marco 72]

The EU regulations that came into force on 30.04.06 have had a profound impact. No longer is it necessary for an EU/EEA citizen to make applications, for a Residence Permit or a Permanent Residence sticker. They can if they want, but it is no longer necessary.

Just to be pedantic, I believe EEA citizens don't get a sticker these days, but only a stamp. My Italian passport has a stamp from 2005 saying "There is at present no time limit on the holder's stay in the United Kingdom."

[mataleo]

The EU regulations that came into force on 30.04.06 have had a profound impact. No longer is it necessary for an EU/EEA citizen to make applications, for a Residence Permit or a Permanent Residence sticker. They can if they want, but it is no longer necessary.

but its easy to prove u long time here if u got it, and useful to get british passport and in my case good to get my thai wife, isnt it, so i will go for it in 2009 then

thank you

all clear now

[mataleo]

Is it in my case 5 years period counts from my 1 enter to UK ? 22.09.03? or from date of EEA1 issue? 9.05.06 ???

Neither, your 5 year period started when Poland joined the EU on 01.05.04. So your 5 years is up on 01.05.09, on which date, on your facts, you will automatically have PR status, even without applying for it!

Yes you can then complete a form EEA3 and get a sticker in your Polish passport, but that sticker is merely confirmatory .... it adds nothing to your rights.

Your Thai girlfriend. Presumably the two of you will marry in Thailand. (My wife hails from Thailand and that is where we married.) After you register the legal marriage at the Amphur (Register Office) in Thailand your wife (as she will be) should apply for an EEA Family Permit using form VAF1. Once she has that EEA Family Permit in her Thai passport she can move to the UK, and after arrival, and during the 6-month period of validity of EEA Family Permit, she would apply on form EEA2 for a Residence Card.

In order for you to get legally married in Thailand you will need to sign an affirmation document at the Polish embassy in Thailand, get that translated into Thai, and then get the original document and the translation into Thai stamped by the Thai Ministry of Foreign Affairs. Sounds completed but it is not, and once you have your stamped affirmation document you can get married in Thailand. You and your fiancée would attend at the Amphur without appointment, complete a simple form, pay a few baht and get handed your marriage certificate.

after i marry her, do they check how money do i have? do i need show my account? do i need some amount in my account or its okay ? no need show ?


cheers

[John]

Hey, that is a 6-month time gap! The first thing I need to say is that the form VAF1 is no longer appropriate for the sort of application to be made by your wife, as she will be. Go to this UKVisas webpage and then download the form VAF5 and the guidance notes.

Secondly if you then have a good read of the form and the guidance you will get the answer to your question, and much more besides.

[mataleo]

Once she has that EEA Family Permit in her Thai passport she can move to the UK, and after arrival, and during the 6-month period of validity of EEA Family Permit, she would apply on form EEA2 for a Residence Card.

so after she get to uk, how long it takes when she gets work permit, and be able to work ?

about 6 months?

John please help u know the best

cheers mate