SET or EEA4?

Taci · Post by **Taci** » Thu Aug 08, 2013 10:59 am

Hi
My husband (brazilian) want to apply for an indefinite leave but so we can apply for the british citizenship in the future as a family.
We have a child which has the British citizenship already as Im italian living in UK for 12 years.
We got married in november 2010 and his visa as a resident Card of a family member of an EEA national is from March 2011 expiring in March 2016.
My husband is living in Uk legally since march 2006 as he was married before with a Italian citizenship. We applied for his visa as my husband before his previous visa expired (sept 2011)
Question is as he is living in Uk for 6 years can he apply for the indefinite leave now or he has to wait the 5 years visa with me?
What is the difference between EEA4 form ann SET?
I have a friend whom applied for indefinite using the EEA4 form and another one used the SET?
Price wise the SET is 1051 against £55 EEA4 so we dont want to risk applying for something and just to be told that we have to wait another 3 years at least.

Post by **vinny** » Thu Aug 08, 2013 11:36 am

See also comparison.

He cannot apply for ILR if he doesn't have leave as a partner of a settled person under the Immigration rules.

1. He may apply for ILR in March 2016 under Long Residence, under the Immigration rules.

2. He may apply for PR in November 2015, under the EEA regulations.

Assumes that he meets with the relevant requirements.

I would recommend continuing with option 2.

Taci · Post by **Taci** » Thu Aug 08, 2013 11:58 am

Hi Vinny
Thank you for your rapid response.
So even though he was married before and has a family visa since 2006 we can not apply for the EEA4?
I have the resident card since 2011 but I continuosly work since 2008.

Post by **vinny** » Thu Aug 08, 2013 12:10 pm

He became an EEA family member when he married you in November 2010, assuming you had Italian citizenship at that time. He has to complete 5 years under the EEA regulations in order to be eligible for PR/EEA4.

Post by **Obie** » Thu Aug 08, 2013 12:37 pm

I think OP has confused vinny a bit.

It appears her husband was previously married to an italian in 2006, provided he retained his right of residence, or secure PR prior to the termination of that marriage, he may have sucured PR.

This will all depend on whether the former wish was exercising treaty up to the end of their relationship.

Post by **vinny** » Thu Aug 08, 2013 12:39 pm

Thanks for that, Obie

Taci · Post by **Taci** » Thu Aug 08, 2013 12:50 pm

Hi Obie yes my husband was previously married an italian in 2006 and had a family visa and we applied for his new visa with me before his previous visa expired. He sent the disclosure divorce all at the same time.
The thing she will not help him to prove anything during that time if we have to.

I thought we just need to send my and his paperwork, no?

Post by **Obie** » Thu Aug 08, 2013 1:29 pm

Well, he cannot do that. Things don't work that way. He cannot use your evidence, in place of his ex during the time they were married.

He will have to find evidence that she was working or self-employed, or a student or self-sufficient, during the time of their marriage.

Post by **vinny** » Thu Aug 08, 2013 1:41 pm

His ex wife may fail to cooperate with proving that she was exercising treaty rights during the time of his former marriage.

If his EEA4 application is refused due to lack of proof, then he may appeal and ask the Tribunal to help.

Taci · Post by **Taci** » Sun Dec 01, 2013 4:31 pm

hi guys

sorry to be back with this subject but we are trying to apply for a mortgage and it seems to be much easier and possible if both of us have permanent residence.
question is what is the worst case scenario in your opinion, if they refuse, it will be it? they send everything back and we have to wait for the time being or they can actually do something against us? such as never have the right to apply again or remove my husband or anything bad can happen?
if they just refuse it and send everything back I think it worth the risk to spend £55, right?

askmeplz82 · Post by **askmeplz82** » Sun Dec 01, 2013 8:22 pm

Taci wrote:hi guys

sorry to be back with this subject but we are trying to apply for a mortgage and it seems to be much easier and possible if both of us have permanent residence.
question is what is the worst case scenario in your opinion, if they refuse, it will be it? they send everything back and we have to wait for the time being or they can actually do something against us? such as never have the right to apply again or remove my husband or anything bad can happen?
if they just refuse it and send everything back I think it worth the risk to spend £55, right?

How he will apply for PR without proof of his Ex-wife exercise treaty right until divorce?

do you know how long he was married to that lady and what she was doing until divorce ?

Taci · Post by **Taci** » Mon Dec 02, 2013 6:19 pm

He was married in 2006 separate from her in 2008. Divorce was done in 2010. Not sure what she was doing at time.
HO never questioned anything about previous marriage when we applied for his new visa with me so I thought HO would take in consideration the fact that he is here continuously working more than 7 years now.

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SET or EEA4?

SET or EEA4?

sorry to be back with the EEA4 subject

Re: sorry to be back with the EEA4 subject