# EEA4 Help



## ecogle (Sep 5, 2014)

Hi 

I am new to this forum, I am Indian national and my wife is German. We came to UK on Aug08. Last year I was applied for PR but twice a time they refused me on basis my wife were not maintained her Treaty rights for continuous 5 years. Now I am thinking of sending documents for EEA3 and EEA4. My 5 years visa is going to expire this month. I am thinking of sending application EEA3 since her application was not refused before, Or I can send 3&4 together.
below are my time lines for last 5 years.
From	To	Treaty rights	Months
31/07/2008	31/10/2008	Settling period	3
01/11/2008	30/06/2009	Job seeker	8
01/07/2009	23/06/2010	Student 12
09/09/2010	30/06/2011	Student 10
01/07/2011	30/11/2012	Employed 17
01/12/2013	31/12/2013	Job seeker	1
01/01/2013	Till date Self Employed 
1/12/2013	30/11/2014	Student	

For the Job seeker period I have around 12 to 13 refusal letters from various employers. She deleted most of the emails because we never know its going to help us.
Until June 2010 she covered by German Insurance company, and We have the card as proof but in the card it says it was valid until 11/12.
for employed I have start and finishing month salary slip and P60.
Self employed: Tax return for 12/13, Invoices, Tax return for 13/14, bank statements, invoices and Accountant address and invoices.
again as student from last December till November 14 - she got private insurance.
please advise us which will be the best option for us.

Regards
Ecogle


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## ecogle (Sep 5, 2014)

Hi Gurus,

Expecting replies.


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## Jrge (Mar 22, 2011)

Hi,


ecogle said:


> Hi
> 
> I am new to this forum, I am Indian national and my wife is German. We came to UK on Aug08. Last year I was applied for PR but twice a time they refused me on basis my wife were not maintained her Treaty rights for continuous 5 years. Now I am thinking of sending documents for EEA3 and EEA4. My 5 years visa is going to expire this month. I am thinking of sending application EEA3 since her application was not refused before, Or I can send 3&4 together.
> below are my time lines for last 5 years.
> ...


As I see it, she's short in 1 year -Mind you, I am not an EURO officer.

Her initial settlement and subsequent job seeker status (condition warranted under EU law), isn't being considered due: 1) lack of valid enough evidence; 2) EURO officer couldn't verify any other of her conditions.

Your options are:

1) Reapply for EEA4 and send this time around EEA3
2) Reapply for EEA4 as previously done
3) Apply for EEA2 and reapply for EEA4 within a year

Animo
(Cheers)


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## ecogle (Sep 5, 2014)

Hi Animo,

Thank you very much for your reply. I would like to ask you on what basis you said that she is *short in 1 year*
1.They wont consider the 8 months as a job seeker? we have several refusal letters from various employers.
2.EU laws says that EU National can stay in any member states without exercising treaty rights 3 months.
3.We are now here for 6 years and 2 months (74 Months). While processing the application may be 76 to 77 months. In worst case if they taken away 15 months also she can prove that she exercised her treaty rights for 60 months?
4.My humble question is since my application for EEA4 refused around 8 months before, I am bit afraid to reapply again. Instead I am thinking of sending EEA3 which is not refused earlier.
My 5 Years EEA2 is going to be expire this month end. What will be happen If I have not send for EEA2 or EEA4? while application is processing for EEA3?

Many Thanks

Kind Regards
Ecogle


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## Jrge (Mar 22, 2011)

Hi,


ecogle said:


> Hi Animo,
> 
> Thank you very much for your reply. I would like to ask you on what basis you said that she is *short in 1 year*
> 1.They wont consider the 8 months as a job seeker? we have several refusal letters from various employers.
> ...


If I were an EURO-case worker, I wouldn't consider the job seeker time as accrued. Today as it was 6 years ago, it only takes an average of 3 weeks to find any kind of part time employment. With the highest respect to the EU law, it's language is clear and leaves up to the State how to enforce certain aspects of the regulations.

As previously indicated, you can apply for EEA2 until your sponsor has fully satisfied the 5 continuos years of exercising treaty rights.

FYI: EEA3 it's only for EU Nationals to used when wanting to obtain permanent residence in UK.

Animo
(Cheers)


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## ecogle (Sep 5, 2014)

Hi,
Again thanks for your reply.
But you were not answered for my questions from 1 to 4 on my previous thread. 
as you said it was 6 years ago in 2008-09 it was peak recession all the world faced. I hope you will know that. In such circumstances even so many Brits were in Job seeker allowance for a quiet long time. Example 
Redundancies since start of jobs recession cost UK employers £28.6 billion - Press Releases - CIPD.
As I said my previous EEA4 were refused but in their refusal letter they have said I have only submitted 3 refusal for longer period which they cant accept, it means If I submit new evidences like refusal letters which I requested from employers most likely they may accept. 
I know very well EEA3 for EU nationals, I thought to submit for my wife only, if she achieve EEA3, technically I can qualify for BC after 12 months.

My big question for you, how you have calculated that she has to wait for another 12 months to achieve PR.

Kind regards
Ecogle


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## Joppa (Sep 7, 2009)

If you read Jrge's post, he has stated Euro caseworker is unlikely to accept 8 months of being a jobseeker as exercising treaty rights, regardless of recession at that time. They are under instruction to limit the number of migrants qualifying for permanent residence, and will apply their criteria strictly.


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## ecogle (Sep 5, 2014)

Joppa said:


> If you read Jrge's post, he has stated Euro caseworker is unlikely to accept 8 months of being a jobseeker as exercising treaty rights, regardless of recession at that time. They are under instruction to limit the number of migrants qualifying for permanent residence, and will apply their criteria strictly.


Hi,

That's fine, but I am keen to know how she has calculated the time frame. So that I can make my application stronger. As per reply from Jrg I need to wait for another year to apply for PR. Even if you taken away 8 months still I have chance to qualify for PR.
Regards
Ecogle


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## Joppa (Sep 7, 2009)

Jrge is a man!


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## ecogle (Sep 5, 2014)

Joppa said:


> Jrge is a man!


Sorry for that, I will take my word back!


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## Jrge (Mar 22, 2011)

Hi,


ecogle said:


> Hi,
> Again thanks for your reply.
> But you were not answered for my questions from 1 to 4 on my previous thread.
> as you said it was 6 years ago in 2008-09 it was peak recession all the world faced. I hope you will know that. In such circumstances even so many Brits were in Job seeker allowance for a quiet long time. Example
> ...


I have not only answered your queries, but have given you several options to which you could exercised any.

You need to come to terms that my answers might not necessarily be those you want to hear or read, but I am here to advise and help, not to convince anyone.

Good luck pursuing either route.

Animo
(Cheers)


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## ecogle (Sep 5, 2014)

Hi,

Thanks for that. You have given options available. But my point is you have mentioned that I need to wait another 12 months to qualify for PR. I thought might you have not take all the months.

Right from scratch:
Settling period - 3 months
Job seeker - 8 months ( Covered by European Health cover + Several refusal letters)
Student - 22 months ( Covered by EHIC + UK health cover)
Employed 17 months ( Star and finish wage slip , P60, P45)
Self Employed & Student - 22 months ( EU national excercised treaty rights in combination of student and self employed - Invoices, bank statements, Small earnings exception certificate( Not Paid NI, since I have right to avoid it) Tax returns and Accountant letter, Business flyers and Health insurance for the student period)

In total we have been in UK for around 72 months. you also given me several options as I said earlier but I was keen, what point triggered you to wrote I need to wait for another 12 months, I am not making this for an argument , I would like to correct If I am wrong. Out of 72 months if you take out another 1 year also I can try for PR.

Thanks and Kind regards
Ecogle


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## ecogle (Sep 5, 2014)

Hi Animo,

At last received my PR after few refusals.

EEA3 & EEA4 sent - 08/09/2014
after few days we received confirmation letters received
COA received around 21/09/2014
PR issued 25/11/2014.

Thanks for the support


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