When should I apply for EEA 4 PERMIT?

[nmitter]

Hi All

I m married to a European national for over 5 years now who has been working in the UK. I also work in full time job. My 5 years on EEA 2 residence permit expires on the 27th Aug 2013.

My employer wants to see evidence that I have either have an extension on my visa or I have an acknowledgement letter from the home office that my application is under review to carry on my employment in the UK by the 27th Aug.

My question is should I apply before 27th Aug or after 27th Aug? and if its after 27th Aug when my 5 years are completed, what evidence can I show to my employer since I will need to wait for the confirmation letter from home office after my visa expiry date?

Bit confused on when to actually apply after expiry or just before expiry to be considered 5 years as well as have no issues with the employer.

Please can some body advise me.

[Jambo]

Once you completed 5 years of residence (and your EEA national 5 years of treaty rights), you can apply irrespective of the expiry date of your RC.

If your RC expires in 2 months, I suspect you have completed the 5 years already (because it takes several months for the HO to process the RC application) and so can apply tomorrow.

[sheraz7]

If your Eu national spouse had been continously exercising its treaty rights for the last 5 years then you can apply EEA4 - Permanent Residence otherwise another 5 years EEA2 RC. Once you will send application along with the required documents then shortly you will receive COA (acknowledgement) to confirm your right of work and same can serve your employment needs too.

[nmitter]

appreciate your responses!!

well during my 5 years on EEA 2 resident card my wife had

2.2 years = working
2 months= job seeking
4 months = job seeker allowance
2.4 years = working

can this cause an issue with EEA 4 application? since my wife was out of job for almost 6 months during the last 5 years?

and if i do need to apply for eea 2 again will my 5 years start all over again or will only need to do additional 2.6 years more to have completed 5 years in total with full employment....

[sheraz7]

What was the reason that your EEA national wife unemployed for 6 months? Did she search job and has got proofs such as application forms, interview letter/rejection letters, registration with job center/employment agency.

[nmitter]

What was the reason that your EEA national wife unemployed for 6 months? Did she search job and has got proofs such as application forms, interview letter/rejection letters, registration with job center/employment agency.

we relocated, she was pregnant and she was looking for a job after her maternity leave finished. For first two months we have emails exchanges between her and recruitment agents and then for remaining 4 months she was registered with job centre of which we have the supporting evidence.

[sheraz7]

If that was the reason then most likely you are entitled for EEA4 - PR because an EEA national is still worker if she ceases to work temporarily due to some illness. Just add these job seeking documentation with your application along with other evidences and necessary documents.