mrlookforward
12 years ago
You have not managed to ask your question sensibly.

Why did you come to UK on visit visa, when your wife is a eea national, and you were married before she started to live in UK?

write the whole immigration history including marriage and employment details of you/your spouse in a proper chronological order to get any comments.
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londoncalling
12 years ago

Hi there,


We got married in September, 07 while we were still living in and out of EU countries because of our jobs. As she always loved London and being free of visa obligations wanted to try her chances to find a job here. Thats why she came to London around October, 07 and found a permanent job in 2 weeks time. I was still working out of UK and was not aware of any laws/rules regarding EEA national family member rights, EU Treaty etc. So thats why got a business visa using one of my UK based consultants and arrived to UK first time in Jan, 2008.


I have stayed in London couple of weeks and after a research learnt about the EEA2 application etc. and issued the application in February 2008. There rest is unfortunately a very common story as I have received a Certificate of Acknowledgement letter on April 2008 and my application was with Home Office till September 2009...


Now looking back I can see that we made some good and some bad moves; good one that I have only sent Home Office my national ID card and not my passport so while they were processing my application I could still travel and deal with my overseas business. But the bad moves were that during these times I wasnt registered to any GP, wasnt in council tax or tenancy agreements or had a bank account in UK ( of course banks doesnt let you open an account if you are not resident anyway ). I had enough money to live and travel; also my wife was working and was resident so all official documentation - utility bills, credit card applications, tenancy agreements when we moved to a new address - were all on her name. You can say that we made a big mistake there but honestly we were not aware of the residency requirements when it is time to prove continues residency.


Of course I have informed Home Office whener we changed address which happened 2 times and they have sent me letters to those addresses confirming that my application is still on going. Not sure if that can count for the proof of residency.


Anyway, around March 2009 I have received a job offer and started working in London on June 2009; of course after that minute got my NI number, bank accounts etc.


So this is my and my wife`s employment and resident history; she will apply for her permanent residency in October 12 but I am not sure when I can do the same as I have that period between Jan 2008 till June 2009 in my residency history that I can only prove being in UK by Home Office letters sent to different addresses and entry stamps on my passport.


Thanks for reading and hoping for some advice.


Best regards.

mrlookforward
12 years ago
Your will gain PR under EEA Regs in January 2013 i.e. on the fifth anniversary of arriving in UK, provided your wife was exercising her treaty right all this time. It appears that she has been working all this time, and hence exercising her treaty right.

You applied for residence document in Feb 2008, and was granted in September 2008. But under EEA regs, the residence documentation is merely a confirmation of your rights and not a grant. So basically you have been living in UK under EEA regs all the way from January 2008.

Now, as I said already, you can apply for PR (on form EEA 4) in January 2013, but I would say, apply in February 2013. This way it will be a bit easier for the caseworker to look back and confirm your residence for 5 years. 

The main thing is, proof of your wife exercising treaty rights during your stay. Include her P60's, and most recent wage slip. Few bank statements of your's and your wife. Few random bills in your and your wife's name covering the period. Few means just a few, do not clutter your application with unnecessary paperwork and dozens of bank statements and bills.

Strictly speaking, not all the documents I have listed are required, but would just help the caseworker make a swift decision when he looks at your case.

regards


londoncalling
12 years ago

Hi,


As an non-EEA national married to an EEA national I have applied for EEA2 ( Residence Card ) on April 2008 and got an Certificate of Acknowledgement on July 2008. I had a visitor visa at the time of the COA but I have anyway started living in UK with my EEA national wife who was working in UK as per the EU Treaty rights.


I have 2 short questions regarding EEA 4 application;


1. Does the time of residency start with the COA ?


2. As I was waiting my residence card to be issued I didnt dare to open any bank account or included my self in tenancy agreements, council bills etc till June 2009; only proof I can represent regarding residency till that day is the entry stamps on my passport; will this casue any issue when I apply for EEA4 ? ( as a note ; we were married before she has started living in UK )


Thank you.


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