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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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Good Afternoon, I am on a spause Visa of a EEA, my husband

Customer Question

Good Afternoon,

I am on a spause Visa of a EEA, my husband is Irish and we got married on his Irish pastport but he holds a british passport too. In November this year I will be 5 years in the country and under this visa and I would like to know when and how shold I apply for my recidence card or my passport.

I just dont know what would be the next step after the 5 years.

Can someone please guide me.

Regards
Liz
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.

Thank you for your question. Please rate my answer positively once I have answers your question.

 

If you have been in the UK on an EEA family permit then what you need to do is apply for permanent residency before you apply for British Citizenship. The permenent residency will confirm your residency in the UK for 5 years after which you will be able to apply for a British Passport.

 

To apply for permanent residency you will need to use form EEA 3, please see following link on how to apply:

 

http://www.ukba.homeoffice.gov.uk/eucitizens/documents-eea-nationals/applying/

 

I hope this answers your question, if so kindly rate my answer positively.

 

Kind regards

Customer: replied 3 years ago.


Well Maybe you might reconsider the information you have provided to me, as I have been in the UK border agency and I think I will need the form EE4 as I am a non EEA nationals married with a EEA nationals??


 


Can you please verify this before I rate your answer.


 


Thanks


Liz

Expert:  UK_Lawyer replied 3 years ago.

Thank you for your reply.

 

I do apologise I sent you the wrong link regarding EEA and swiss nationals. The link you need is:

 

http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

 

An the form needed is EEA 4.

 

I hope this clarifes the matter if so kindly rate my answer positively so I can get credited for my time.

 

Kind regards

UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.


Can I apply from now or I need to wait until November?


 


Regards


Liz

Expert:  UK_Lawyer replied 3 years ago.

Thank you for your reply.

 

You would need to have completed 5 years residency in the UK before apply, therefore you should wait until november before submitting the application. The rules state as follows:

 

 

Eligibility for permanent residence

The following are eligible under Regulation 15 of the Immigration (EEA) Regulations 2006:

 EEA nationals who have resided in the UK for a continuous period of 5 years in accordance with the EU laws relating to free movement rights that were in force during the 5-year period;

 Non-EEA national family members who have resided in the UK for a continuous period of 5 years in accordance with the EU laws relating to free movement rights that were in force during the 5-year period;

 A worker or self-employed person who has ceased activity;

 The family member of a worker or self-employed person who has ceased activity;

 A person who was the family member of a worker or self-employed person, where:

o The worker or self-employed person has died;

o The family member resided with him/her immediately before his death; and

o The worker or self-employed person had resided continuously in the UK for at least the two years immediately before his/her death or the death was the result of an accident at work or occupational disease;

 

 A person who:

o Has resided in the UK (in accordance with the 2006 Regulations) for a continuous period of 5 years; and

o Was, at the end of the period, a family member who has retained the right of residence.

 

Prior to the 2006 Regulations there was no provision for a family member of an EEA national to retain the right of residence.

 

I hope this answers your question.

 

Kind regards

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