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Thomas
Thomas, Lawyer
Category: Immigration Law
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Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hello, I am a US national, married to a EEA member (Finland).

Resolved Question:

Hello, I am a US national, married to a EEA member (Finland). I have been granted a 6 month EEA Family member visa and am not applying for the residence permission. Should I be submitting an EEA2, EEA3 or an EEA4 form?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

You have been granted an EEA family permit, which allows you to travel to the UK. Correct?

Are you now in the UK with your spouse?

Kind regards.


Tom

Customer: replied 3 years ago.

Hi Tom,


 


Yes, granted the EEA family permit and entered the UK with spouse and son on October 21, 2013. I have all docs prepared for EEA2 but in the process of reviewing online I am confused by what the actual correct form should be. EEA2, EEA3 or EEA4...


 


Also general timelines for the process as I am a CEO of a company in Finland and the UK and am required to travel frequently.


 


Thanks,



Ivan

Expert:  Thomas replied 3 years ago.
Hi Ivan,

Thanks for your reply.

Once a non-EEA family member is in the UK with their EEA spouse then you would normally apply for an EEA Residence Card once you are in the UK. Technically, it is not a legal requirement for you to actually apply for this but in your case you should.

The reason that you should is because if you are travelling out of the UK and re-entering frequently then you need it to show that you have the right to reside here for the foreseeable future.

The webpage on this is here:-
https://www.gov.uk/apply-for-a-uk-residence-card/overview

You will see from the following link by clicking on the form that the correct for you should submit is the EEA2 form:-https://www.gov.uk/government/publications/application-for-residence-card-form-eea2

An EEA3 form is the form you and your EEA spouse can use to apply for permanent residence, which is the right to remain permanently in the UK regardless of whether you are still married to your EEA spouse and regardless of whether they are exercising their treaty rights by working. However you will only be eligible to apply for this once you have been in the UK for 5 years.

An EEA4 is the form which only you (not your spouse) would use to apply for permanent residence. Again though, you are not eligible for this until you have been in the UK for 5 years.

EEA2 is the correct form. It generally takes about 4-6 weeks but this is a guidaline rather than an obligation of the Home Office and it can frequently take longer if there are errors or omissions of importnant documents from your application, so you should double check your application before you send it.

Kind regards

Tom

An EEA4
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience: UK Lawyer holding practising certficate for England & Wales.
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Customer: replied 3 years ago.

Thanks Tom, I think this works. System is certainly easier than the green card process which we went through for my wife but lacking some decent guidance and ability to speak with anyone on the "inside".


 


Appreciate the clarification. Will send out the docs tomorrow.



Cheers,

Ivan

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