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How long after I can apply EEA4, If my wife holding EU & Bri

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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jamesloson
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Posts: 11
Joined: Sun Dec 28, 2014 12:18 pm

How long after I can apply EEA4, If my wife holding EU & Bri

Post by jamesloson » Sun Dec 28, 2014 3:28 pm

Hi everyone,

My wife is EU citizen and she recently became british citizen, We been together as a married couple from last 2 and half years and 10 months as couple so nearly about more than 3 years.

Can I apply Indefinite leave to remain early than 5 years ?


Hope to hear from you all soon.

Merry X mas and happy new year

Kind Regards

asian_atheart
Newbie
Posts: 48
Joined: Mon Nov 04, 2013 7:07 pm

Re: How long after I can apply EEA4, If my wife holding EU &

Post by asian_atheart » Sun Dec 28, 2014 4:29 pm

From what I understand:
If you are following the EEA route (i.e. you currently hold a EEA 2 card) you need to complete 5 years of residence in the UK while married to an EU spouse exercising treaty rights before applying for Permanent Residence EE4. This qualifying period
-can be 5 years post marriage
OR
-5 years from the issue date of the residence card
whichever comes earlier.

I'm pretty sure you cannot apply before the 5 years even if the relationship started earlier-unless you held a resident card prior to marriage. Unless you are talking about another route?

jamesloson
Newly Registered
Posts: 11
Joined: Sun Dec 28, 2014 12:18 pm

Re: How long after I can apply EEA4, If my wife holding EU &

Post by jamesloson » Sat Jan 03, 2015 1:42 pm

Hey

Many thanks for your reply.

I am holding EEA 2 Residence card from August 2012, my wife recently became British citizen, she's holding EU and British Passport. My concern is if I can apply permanent residence before 5 years.

Is there any benefit of having British and EU passport.


Hope to hear from you soon

Kind Regards

jamesloson
Newly Registered
Posts: 11
Joined: Sun Dec 28, 2014 12:18 pm

Re: How long after I can apply EEA4, If my wife holding EU &

Post by jamesloson » Sat Jan 03, 2015 1:50 pm

asian_atheart wrote:From what I understand:
If you are following the EEA route (i.e. you currently hold a EEA 2 card) you need to complete 5 years of residence in the UK while married to an EU spouse exercising treaty rights before applying for Permanent Residence EE4. This qualifying period
-can be 5 years post marriage
OR
-5 years from the issue date of the residence card
whichever comes earlier.

I'm pretty sure you cannot apply before the 5 years even if the relationship started earlier-unless you held a resident card prior to marriage. Unless you are talking about another route?


Hey

Many thanks for your reply.

I am holding EEA 2 Residence card from August 2012, my wife recently became British citizen, she's holding EU and British Passport. My concern is if I can apply permanent residence before 5 years.

Is there any benefit of having British and EU passport.


Hope to hear from you soon

Kind Regards

Universal soldier
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Posts: 524
Joined: Tue Jul 23, 2013 9:04 pm

Re: How long after I can apply EEA4, If my wife holding EU &

Post by Universal soldier » Sat Jan 03, 2015 2:02 pm

I don't think you can make a big jump towards indefinite rather have to complete 5 years with partner then apply for PR which is similar to ILR. Otherwise you might need to apply again the spouse visa of settled person which is more costly, complicated and will eat your previous time on eea2.

jamesloson
Newly Registered
Posts: 11
Joined: Sun Dec 28, 2014 12:18 pm

Re: How long after I can apply EEA4, If my wife holding EU &

Post by jamesloson » Sun Jan 04, 2015 12:04 pm

Universal soldier wrote:I don't think you can make a big jump towards indefinite rather have to complete 5 years with partner then apply for PR which is similar to ILR. Otherwise you might need to apply again the spouse visa of settled person which is more costly, complicated and will eat your previous time on eea2.


Many thanks for your reply.

So the conclusion is no benefit for my application even though my wife having british passport.


Any benefit for non eu national if her wife holding british and eu passport

Hope to hear from you soon

uk2005
Member
Posts: 120
Joined: Sat Sep 08, 2012 2:03 am
Location: london

Re: How long after I can apply EEA4, If my wife holding EU &

Post by uk2005 » Sun Jan 04, 2015 12:22 pm

There is nathing you can do.
Buy you will definitely qualify for PR on you 5th anniversary of you marriage.
But you can take a chance for BC being married British national for 3years but not sure this right idea if u here in uk more than 5 years seek more advice before u do so!
BC 7/5/2015(NCS)
HO received 8/5/2015
Biometric done 1/6/2015
Appoval 31/10/2015
Ceremony 03/11/2015
Never give up hope!

maxmelion
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Posts: 228
Joined: Mon Jun 10, 2013 5:20 pm
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Re: How long after I can apply EEA4, If my wife holding EU &

Post by maxmelion » Sun Jan 04, 2015 1:05 pm

The only benfits from ur wife bc is u can apply for bc after 5 years without apply for pr
even if u married bc u will have to wait 5 years as the law changed in 2012 so even british spouse will wait 5 years too .

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: How long after I can apply EEA4, If my wife holding EU &

Post by Obie » Sun Jan 04, 2015 2:33 pm

maxmelion wrote: even if u married bc u will have to wait 5 years as the law changed in 2012 so even british spouse will wait 5 years too .
which law changed?
Smooth seas do not make skilful sailors

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