# EEA4 Application Advice??



## Morne74 (Jan 3, 2014)

A little background: My wife (Dutch) and I (South African) have been living in the UK since 2005. We got married in 2006 in South Africa and after a short honeymoon returned to the UK. My wife has been excersing EEA free-movement rights ever since (2006 - current). She has not yet applied for PR. I was on a Tier 1 Work Permit until 2009 when I obtained my Residence Card as a Family Member of an EEA National on 27th October 2009. This expires on 27th Oct 2014. 

*A couple of questions:*

1. Do I appy for ILR or for a permanent residency? Are they the same thing?

2. Is EEA4 the correct application form?

3. I note the time frames that you could not have been out of the UK(no periods in excess of 6 months away from the UK at one time, and no more than 30 months outside the UK in total over the 5 year period). In this regard the EEA guidance notes set out that the 6 month period could be exceeded and could be for a period of up to 12 months if for instance it was for important reasons such as serious illness etc. 

My reason for flagging this up is that my wife and I went to South Africa for 12 months in 2008 when my mother was diagnosed with terminal cancer and was given 6 -18 months to live. We returned to the UK in 2009 after she had passed away. Is this an important enough reason to argue that we should not be penalised for being out of the UK for more than 6 months?

If this is the case then according to my calculations I should be able to apply for my Permanent Residence at any time as we would have been living together and my wife excersing EEA free-movement rights since 2006 (period exceeding 5 years). 

What evidence would we need to provide to support the above?

If not, and we have to wait until Oct 2014 will my employer be able to fire me as my EEA Family Permit would have expired? 

4. Is the EEA application a complicated process? Do I need to get a professional organisation on-board who charge upwards of £900 or can I do the application myself and only pay the £55 Government Fee?

I look forward to any feedback. 

Thank you for taking time to consider this post.


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## Joppa (Sep 7, 2009)

It's permanent residence under the EU rules. More or less the same as ILR.
EEA4 is the form you use.
Yes, compassionate grounds will be taken into account. Attach a medical note or death certificate, and explain in your covering letter.
You shouldn't lose your job if your residence card expires, as it's only a documentary evidence of your right of residence which you continue to enjoy as long as your partner exercises treaty rights.
It's not complicated and no need to use professional help. Complete the application in full and enclose supporting documents.


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