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CORRECT DATE TO APPLY FOR PR

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dimas
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Posts: 22
Joined: Tue Nov 04, 2008 4:22 pm

CORRECT DATE TO APPLY FOR PR

Post by dimas » Tue Nov 04, 2008 4:32 pm

Hi, I am a non-EEA national married to a EEA (Polish) national with whom we lived in the UK from June 2004.
My situation is:
we got married in June 2004.
as she was from a new member state I first got a 1 year family mamber stamp in July 2004.
then in August 2005 i got a 5 year residence permit.
As far as Iunderstand I can apply for PR 5 years after we have been maried, but I am still not quite sure if I can upply under EEA4 in June 2009 (which is 5 year weading anniversary) or August 2010 when my 5 year permit expires.
She was exisicing her treaty rights all the time, I am also employed.

fysicus
Senior Member
Posts: 767
Joined: Sat May 17, 2008 10:04 am
Location: England
Netherlands

Post by fysicus » Tue Nov 04, 2008 9:20 pm

as far as I know the rule is that you have to live (legally of course) in the UK for five years (on the basis of EEA rights) to become eligible for PR.
However, there are little differences over the five year Residence Card that you hold now, so I wouldn't bother too much about it.
May be I would apply (sending in the EEA4) early 2010 as the processing of the application can take quite a while (see http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/ for the current waiting times)

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Tue Nov 04, 2008 10:37 pm

we got married in June 2004.
as she was from a new member state I first got a 1 year family mamber stamp in July 2004.
then in August 2005 i got a 5 year residence permit.
As far as Iunderstand I can apply for PR 5 years after we have been maried, but I am still not quite sure if I can upply under EEA4 in June 2009 (which is 5 year weading anniversary) or August 2010 when my 5 year permit expires.
Actually I think your 5th anniversary of exercising EU Treaty Rights comes up in July 2009! We are talking about pre-30.04.06 time here and I think the relevant start date is when you started to exercise EU Treaty Rights in the UK .... when the one year permit was issued.

Put it another way, I think it is in July 2009 that you get PR status .... automatically, and without application! You have not got to make an application at all. However for a non-EEA family member such as yourself it is actually a good idea to submit the form EEA4, but do appreciate that the documentation you will get back will not actually give you any more rights ...... it merely confirms that you have those rights.

I suggest you submit the form EEA4 in say February 2009. Such applications are currently taking 6 months or even more to process, so the date when you get PR status automatically will happen during that processing period.

By the way, what was your UK immigration status prior to the issue of "1 year family member stamp in July 2004"?
John

dimas
Newly Registered
Posts: 22
Joined: Tue Nov 04, 2008 4:22 pm

Post by dimas » Wed Nov 05, 2008 8:18 am

Thank you John. Before that I was on a student visa for nearly 4 years, but I don't supose it changes anything for me. y the way, what is this 30.04.06 law? I haw heard about it, but is there anywhere I could actually look at the document, I would appreciate a web link or something.
Thanks

fysicus
Senior Member
Posts: 767
Joined: Sat May 17, 2008 10:04 am
Location: England
Netherlands

Post by fysicus » Wed Nov 05, 2008 8:48 am

The date 30.04.06 refers to EU directive 2004/38 which came into force then. I collected some useful references in another posting here:
http://www.immigrationboards.com/viewtopic.php?t=28608

malina
Newly Registered
Posts: 5
Joined: Fri Jan 09, 2009 10:14 pm

Correct date

Post by malina » Wed Jan 28, 2009 3:54 pm

Hello Dimas,
I had exactly same question and send request to HO UKBApublicenquiries@UKBA.gsi.gov.uk.
Here is their reply:

"Dear *******,

Thank you for your enquiry.

Please note that the 5 years qualifying period starts from date you got married in the UK.

Yours sincerely,

**********

Immigration Group

UK Border Agency "


By the way, somebody advised you to apply good few month beforehand your 5 years anniversary.Please let me know if you gonna do it this way, and if so, if UKBA excepts it.

Good luck with your EEA4 application!

joelondon
Member of Standing
Posts: 491
Joined: Wed Oct 01, 2008 11:16 pm
Location: london

Re: Correct date

Post by joelondon » Wed Jan 28, 2009 7:10 pm

malina wrote:Hello Dimas,
I had exactly same question and send request to HO UKBApublicenquiries@UKBA.gsi.gov.uk.
Here is their reply:

"Dear *******,

Thank you for your enquiry.

Please note that the 5 years qualifying period starts from date you got married in the UK.

Yours sincerely,

**********

Immigration Group

UK Border Agency "


By the way, somebody advised you to apply good few month beforehand your 5 years anniversary.Please let me know if you gonna do it this way, and if so, if UKBA excepts it.

Good luck with your EEA4 application!

very good information ..thanks ...

joelondon
Member of Standing
Posts: 491
Joined: Wed Oct 01, 2008 11:16 pm
Location: london

Post by joelondon » Wed Jan 28, 2009 7:13 pm

*
EEA residency enquiries

You may wish to contact the European Enquiries Contact Centre if you are a national of the European Economic Area (EEA) or Switzerland and you have a query regarding:
o registration certificates for yourself or a family member;
o a residence card;
o a family member residence stamp; or
o confirmation of permanent residence in the United Kingdom.

The centre is currently experiencing high call volumes which may lead to a delay in your call being answered. Our opening times are 0900 to 2100 Monday to Friday excluding Bank Holidays, but you may wish to contact us between the hours of 1800 and 2100 later in the week when we are less busy.

Please read our guidance on applying under European law before you contact us.

Phone: 0845 010 5200

Email: UKBAeuropeanenquiries@ukba.gsi.gov.uk

Opening Hours: Monday to Friday 0900 to 2100

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