EEA2 OR EEA4?

[krispycreme]

Hello People

First post here so please bear with me. Here's my lil story and I was hoping I could get some input from members on this forum which I must admit is pretty awesome. Some of you could technically have their own consulting / practices
I am a non-eea national (Pakistani) Mrs EEA National (Polish).
Got married in Pakistan Feb 2008 came to the UK June 2009. I was previously an over stayer so had my Family permit refused initially however after a long and expensive battle I did get the visa in the end. Never applied for an EEA2 because I did not care for it too much after the first exasperating battle. Anyway knowing my rights I was and am feeling very cocky (wont be for long)
I have been offered a contract job in the middle east and before I accept that offer I would like to know if I could apply for my PR as my fifth wedding anniversary is on 14TH Feb 2013. My wife has been living and working/studying in the UK since 2006. Am I eligible to apply? If not i would like to apply for a residence card so if and when we decide to move back we wont run in to 3rd degree interrogation.

All comments will be highly appreciated.

[anp]

What is your current immigration status in UK? (as of endorsement in passport)

[krispycreme]

hey anp

it exactly says VISA EEA FP: TO JOIN SPOUSE/OP

[anp]

hey anp

it exactly says VISA EEA FP: TO JOIN SPOUSE/OP

When does it expire? Is it the same as a 5 year Residence Card...Family member of EEA national? If so, you would qualify for PR.

[krispycreme]

hey anp your on fire mate. very quick replies. Appreciated. No mate it was just a family permit valid for 6 months. I have not yet applied for EEA2 hence no residence card.

[Jambo]

PR is obtained after 5 years of residence not just 5 years of marriage so it seems you will obtain PR in June 2014.

If you leave the UK for more than 6 months in a year, you will break the count for PR.

[krispycreme]

Jambo thanks for your input. Ok I get it now. Wouldn't my wife's residence of over 5 year reflect some sunshine on my case? If she goes ahead with her EEA3?

So i guess I have to stay put and go ahead with EEA2 or risk setting my clock back for PR?

[/quote]

[anp]

On what basis have you resided in UK since Feb 2009? When does your FP expiry?

[Jambo]

If your wife obtained PR (after 5 years), the only affect on your PR would be that you will not need to prove that she is exercising treaty right but rather that she holds PR (in case she makes EEA3 application, this can be easily proven by the PR Confirmation).

You don't need to apply for RC using EEA2. If you don't need it, you can apply directly for PR Confirmation in 2014. If you plan to travel abroad, RC would be useful to be able to return to the UK.

[krispycreme]

Anp
I was not in the UK in Feb 2009, I came here June 2009. FP expires after 6 months but because I am a family member of an EEA national I automatically exercise the same right as EEA national provided the EEA national is exersing hers according to EEA regulations. (my understanding, please correct me if I am wrong)

Jambo
Thanks for the clarification. Its pretty clear what I have to do. Go down the EEA2 route get the RC so I could travel. Without that I would have to go through the FP all over again to re-enter the UK

[anp]

I must say I am impressed by how you managed to live and work until now without an endorsement in your passport. Good luck with your application.