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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6655
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi I am Brazilian married with a German. We live in Scotland.

Customer Question

Hi

I am Brazilian married with a German. We live in Scotland. We don’t have children yet.
I have a visa type ‘RESIDENCE CARD OF FAMILY MEMBER OF AN EEA NATIONAL’, which is valid for 5 years and is due to expire in middle of coming June.
During the last 5 years I worked and paid tax and NI here in Scotland , and I am still doing so.
My husband lives here for over 20 years and has a ‘RESIDENCEE PERMIT FOR A NATIONAL OF A MEMBER STATE OF THE EEC’ card which was issued on 10/06/2006.
He studied and works in UK. Since we married there was a period of time when he was unemployed, but apart from the standard jobseekers allowance he received for a couple of months, we were always and still are self sufficient.

I talked with solicitor on first half 2011 which informed that to apply for my permanent visa I need to fill out form EEA4.

I have a couple of questions and doubts I’d like to clarify.

- To renew my visa, is the EEA4 form still the one I need to use? Version 06/2011 is the latest version.

- What is the difference actually between the EEA2 and EEA4?

- I am planning to go back to Brazil for a holiday from 30/04 until 26/05, +/- 20 days before my visa expires. Can I send my application as soon as I am back or would I need to apply, like 2 or 1 month before my visa expires?

- I took a look in form EEA4. As I am still married and my husband is alive therefore I believe I would have to skip session 4, 5, 6, 7 and 8, am I right?

- In section 10, regarding the documentation. Do we have to send all our pay slips, tenant contracts, phone bills, council tax letters, etc regarding the last 5 years? During the time my husband was unemployed I was working, so I guess my payslips will show that during that time we were self sufficient.

- The solicitor that I spoke with in 2011 told me that once I get the permanent visa, after a year I can apply for a British passport, is this still the case? If yes, during the year before I apply for the British passport will I have to be resident in UK? I ask that because my husband is doing freelance work at moment, and he might do contracts in the continent which might last from 3 months to 2 years.

- If my husband gets a long term contract and we perhaps move out of UK for a while, would I lose the UK permanent visa, or the British passport if I get one in the future?

- Do my husband need to renew his a ‘RESIDENCEE PERMIT FOR A NATIONAL OF A MEMBER STATE OF THE EEC’ card? As it’s been over 5 years since his card was issued could he apply for an indefinite kind of residence permit?

Best regards
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.

Hi,

 

Thanks for your question.


What absences from the UK have you had (approximately) from the UK in the past four years?


Kind regards.


Tom

Customer: replied 2 years ago.

Hi Tom

 

The absences I had from UK in the past 4 years were a couple of holidays, approximately once a year which lasted no more than 1 month.

 

Regards

Expert:  Thomas replied 2 years ago.

Hi,

 

CAn you tell me how long your husband was not working for please?

 

I will be able to answer in full in an hour.

KInd regards,

Tom

Customer: replied 2 years ago.

He didn't work for approximately two years.

When he was first made redundant, he received job seekers allowance for a couple of months.

During this time he did some courses at the university.

I was employed during this time.

 

Best regards

Expert:  Thomas replied 2 years ago.

OK.

 

I will be able to answer in an hour.


Thanks.

Tom

Customer: replied 2 years ago.

Sure, thanks TOM.

Expert:  Thomas replied 2 years ago.
No problem.
Expert:  Thomas replied 2 years ago.

Hi,

 

Thanks for your patience.

 

At the end of the residence card you hold you can apply for Permanent Residence which is confirmation that you are allowed to remain in the UK free of immigration time restrictions. You can only apply for this if you have been continuously working during this time. Similarly your husband must have been exercising a treaty activity which means either working or studying. If there was a prolonged period where he was doing neither then your application may be rejected.

 

This is what you should apply for before you visa expires.


You can apply for PR using Form EEA4. Here is the link to the form on the UKBA website:-

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

 

You will have to send all the supporting documentation you have correctly identified (payslips, tax returns, tenancy agreements etc).

 

 

Once you have PR you can apply to be naturalised as a UK citizen 12 months after you have held PR. Here is the link to the information you will need to do this:-

http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/

 

 

You can only apply for naturalisation if you meet the residenctial criteria in terms of times spent in the UK and you will have to check that you are eligible with regard to the potential days absent resulting from your husband's continental work at the time:-

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

 

Once you have UK citizenship you cannot lose it. If you only have PR then this can be revoked after 6 months outside the UK.

 

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6655
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 2 years ago.

Hi Tom

 

Thanks for your feedback and time.

 

I recon if I provide all the supporting documentation regarding the two year period when my husband was not working, instead studying, also the documentation proving that I was working and we were self suficient during that period, shouldn't be a problem to my PR be granted, should it?

 

Also should be ok, if I send my application to home office after I am back from my holdiday in May, 20 days before my visa expire, right?

 

Tom, am I right that it's not necessary to fill out sections 4 untill 8 of the EEA4?

 

Do you think it would be beneficial to us, considering the sporadic contracts my husband might get in the continent, if my husband would apply for a permanent residence here in UK as well, even if it's not necessary because he is German? His 'RESIDENCE PERMIT FOR A NATIONAL OF A MEMBER STATE OF THE EEC' card it's over 5 years now, so he could apply for PR couldn't he?

 

Many thanks in advance.

Expert:  Thomas replied 2 years ago.

Hi,


If he was studying during the two year period and you can prove this with documentation then you should be fine.

 

Your husband could also apply for PR provided he was studying.

 

You don't have to complete sections 4 & 5. You do have to complete 6-8.

 

You can submit the application upon your return in the way you have stated.

 

Kind regards,


Tom

Customer: replied 2 years ago.

Thanks again Tom

 

When you said that my husband could also apply for PR provided he was studying during the two year period when he was unapployed, which form whould he need to use for his application?

 

Would the 6 month outside UK rule apply to him as well and make him loose his PR, if he gest one? Even he being German.

 

When he was studying, it was not full time, all year around courses, it was part time courses. Could he still apply for the PR? Do you think because it was part time courses would that have a negative impact in mine and his application for PR?

 

Best regards

Expert:  Thomas replied 2 years ago.

Hi,

 

He can apply providing he was studying or otherwise self-sufficient. He would have to apply using Form EEA3. If the UKBA decided he was not either studying or otherwise self-sufficient then this could impact negatively, yes. It would depend on the amount public funds he had claimed

 

He would also lose his right to apply to PR if out of the country for 6 months before her got it.

 

Tom

Customer: replied 2 years ago.

EEA3! Fantastic, we will take a look in it.

 

Alright, if it would depend on the amount of public funds he had claimed, don't think it will be a problem. He just claimed once the standard +/- 3 months job seekers allowance during the last 5 years.

 

But once he has the PR, being out of the country for more then 6 months wouldn't make him loose the PR I believe then.

 

Regards

 

Expert:  Thomas replied 2 years ago.
I'll have to re-check and get back to you this afternoon. Sometime after three...
Customer: replied 2 years ago.

Yes, no hurry.

 

I just want to make sure I get the things right.

 

I also want to go through the link you sent me about the naturalization, to check if I have any question regarding that.

 

Many thanks

Expert:  Thomas replied 2 years ago.

That's fine.

 

Tom

Customer: replied 2 years ago.

Tom

 

When I go on my holiday in May, if an eventually happens and I can't get back to UK before my visa expires (for instance a vulcano somewhere explodes and I can't fly back or something like that).

 

Would I be able to re enter the country and apply for my PR normally?

Expert:  Thomas replied 2 years ago.

I can't answer right now.

Customer: replied 2 years ago.

No problems.

 

If could answer my question posted 2:26pm still today would be great.

 

The one I posted 1:22 can be answered next week at your convinience.

 

Many thanks in advance and have a nice weekend.

 

Kind regards

Expert:  Thomas replied 2 years ago.

Hi,

 

I believe you would still be able to apply for PR even though your residence card had expired. Your right to be here does not derive from the card itslef but from the fact that your spouse is here.


I will answer the other part on Monday if that's okay.


Tom

Customer: replied 2 years ago.

Hi Tom

 

Thanks for your feedback. If you could take a look in the question at 1:12pm from friday, would be great.

 

Best regards

Expert:  Thomas replied 2 years ago.
Hi

Sorry, it slipped my mind.

I will be able to respond tomorrow morning. Is that okay?
Tom
Customer: replied 2 years ago.

Hi Tom

 

Tomorrow or anytime this week is fine.

 

Many thanks again

 

 

 

Expert:  Thomas replied 2 years ago.
No problem.
Customer: replied 2 years ago.

Hi Tom

 

I read the forms in the links your sent me, and I think I might have found the answer of my pending question (time 1.22pm) in the BOOKLET AN - NATURALISATION BOOKLET - THE REQUIREMENTS 6.(ii) where it says:

 

"Permanent residence status will be lost if an applicant is out of the UK for a continuous period of 2 years or more (as is the case with ILR)"

 

I'd like to confirm with your if it's right, does a person from EEA ares looses his/her PR if the person is outside of UK for continuous 2 years?

 

 

Another things that came up when I read the forms, in part 1.B of the BOOKLET AND - NATURALISATION BOOKLET - THE REQUIREMENTS, is, if I got for naturalizations in the future, will it be based on my residence here during 5+ years or being partner of an EEA citizen?

I ask the above so I can position myself in case my husband is out of the country on work, when the time arrives.

 

 

Lastly, regarding FORM AN - Applicationi for naturalisation as British Citizen Section 2.4, I understood that if I have a PR I woulnd't need to fill out this section, correct?

 

Best regards

Expert:  Thomas replied 2 years ago.
Hi,

Sorry, I meant to reply to this.

Yes, a person loses their PR if out of the country for that length of time. Sometimes earlier in fact.

Your right to remain here is based upon your husband being here. If you have obtained PR by the time he leaves then you can stay, if you have not obtained PR then you won't be able to stay.

For the purpose of naturalisation you must have PR first for twelves months and be able to show that you have been here for 5 years.

Tom
Customer: replied 2 years ago.

Fantastic Tom. Thanks loads for your help.

 

Have a nice weekend.

 

Kind regards

Expert:  Thomas replied 2 years ago.
No problem.

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