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Which route should I take? EEA4 or 10 yr Residency

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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tapash
Junior Member
Posts: 75
Joined: Fri Jul 17, 2009 6:27 pm

Which route should I take? EEA4 or 10 yr Residency

Post by tapash » Mon Apr 29, 2013 11:07 pm

I have been in the UK for last 10 years (this May). In the meantime I was married to a EU national and got EEA2 for five years till August this year. As I have googled and found that I am eligible to have permanent residency in UK if I have lived continuously for 10Years.

I have also found that I should be applying EEA4 when my EEA2 is finished. Now I am wondering which one is considered to be faster route to apply for british passport? I am bit confused about all the jargon...

wiggsy
Senior Member
Posts: 849
Joined: Sun Jan 06, 2013 6:59 pm
Location: Warwickshire, UK

Post by wiggsy » Tue Apr 30, 2013 1:36 am

eea4 is free... ilr is paid for...

both require 1 year unrestricted visa...

btw: five years to PR began on date of marriage to eea national (not british) as long as they were a qualified person...

the question is:

1. what date did you get married to the eea national... (which national?)
2. have they been excersising treaty rights for the past five years (or for five years from the date of marriage)...
3. can you provide the douments to prove point 2.

note: EEA4 is not REQUIRED!... you do not need to apply for PR card before you can apply for BC... PR card is just a confirmation... you automatically gain PR after five years...

on the sixth year you can apply for naturalisation...

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Tue Apr 30, 2013 7:40 am

According to this post, you got married in June 2010. It also states you are living in the UK since May 2005. Assuming the facts haven't changed and that your spouse is exercising treaty rights (employed, self-employed, student with health insurance, self sufficient with heath insurance), then you could apply for ILR in May 2015 (10 years) or obtain PR in June 2015 (5 years after marriage). As PR application is free, no much point in paying for ILR one month earlier.

Assuming your spouse won't be British in 2015, you could apply for BC around June 2016.

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Tue Apr 30, 2013 12:13 pm

Both routes leads to achieve settled status and most importantly the evidences relating to the treaty rights of EEA national will imperatively be needed in either routes. EEA4 is free while ILR is expensive but the life of UK test certificate you must possess strictly while sending ILR application but the same is not needed for EEA4 PR application. And at the moment the processing time for EEA4 and ILR 10 years is same i.e 6 months.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

tapash
Junior Member
Posts: 75
Joined: Fri Jul 17, 2009 6:27 pm

Re: Which route should I take? EEA4 or 10 yr Residency

Post by tapash » Wed Apr 08, 2015 6:12 pm

Thank you all very much for your input. Now that I have come to the point where I can apply for PR in Next couple of month, I wanted to clarify couple of things.

So, I have decided to go thru EEA4 Route, reason its only £55 now compared to ILR.
I have got married in June 2010 to a Lithuanian National. I received EEA2 visa in 2011, and it expires in Oct 2016. My wife has been working all the way and got WRS since August 2010.

First question, do I still remain under immigration control, if I do not apply for PR in May 2010? What will be my status after this point?
2. I have a baby 6 months, She does not have any passport yet. is she able to get a British passport now? if not, when?
3. When my wife will be settled status? or british citizen?

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Re: Which route should I take? EEA4 or 10 yr Residency

Post by Directive/2004/38/EC » Thu Apr 09, 2015 1:26 pm

tapash wrote:First question, do I still remain under immigration control, if I do not apply for PR in May 2010? What will be my status after this point?
2. I have a baby 6 months, She does not have any passport yet. is she able to get a British passport now? if not, when?
3. When my wife will be settled status? or british citizen?
"Being under Immigration contol" is not something which technically applies to you at all. Or to your EEA spouse.

How long had your EEA spouse been in the UK when the baby was born?

tapash
Junior Member
Posts: 75
Joined: Fri Jul 17, 2009 6:27 pm

Re: Which route should I take? EEA4 or 10 yr Residency

Post by tapash » Fri Apr 10, 2015 10:30 pm

My wife is living in UK since 2008. but she started working under WRS scheme since august 2010. if we take 2010 it would be 4 years 3 months when baby was born.

akz
Member
Posts: 197
Joined: Mon Mar 16, 2015 10:06 am

Re: Which route should I take? EEA4 or 10 yr Residency

Post by akz » Sun Apr 12, 2015 9:53 am

tapash wrote:My wife is living in UK since 2008. but she started working under WRS scheme since august 2010. if we take 2010 it would be 4 years 3 months when baby was born.

Hi,

The important thing in both cases is your EEA national wife status, if she

worked or
being self employed
or student or
self sufficient (with CSI), after marrying you. This will prove that she had exercised her treaty rights in uk during her stay and make your stay valid as well for Permanent residency or ILR. you have to prove your wife status by proper documents. during maternity leave your wife does not loose the treaty rights.

Thanks
Happy to help and Happy to be helped

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