# Permanent residency on EEA4



## smlads (Apr 28, 2014)

Hi
I am a US citizen, my wife is British and we have lived in the UK for 5 years.
I entered the UK with my wife from Spain in 2008 as a family member of an EEA national, with my wife exercising her treaty rights as an EEA citizen.
I have (possibly a bit stupidly!) applied for indefinite leave to remain under Set M, but I now think I should have completed EEA4 for permanent residence.

Questions:

1. I read somewhere that I do not need to physically receive a permanent residence card, and that I have somehow gained the permanent residence status by being here for 5 years - is this true?

2. I have paid the premium service fee for my Set M appointment (in 4 days!!), and cannot get through on the phone yet to find out if this is refundable if I cancel the appointment - would you happen to know this?

3. We have been told that my wife is now considered an EEA national instead of a British citizen since she exercised her treaty rights - is this true?

4. I plan to apply for citizenship which I believe I can do after 1 year of permanent residency - is this true?

5. Is there any reason I would NOT go the EEA4 route instead of the Set M route? It seems that there is no difference between ILR and PR - is this true?

Thank you so much for any help you can offer!


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## Jrge (Mar 22, 2011)

Hi,


smlads said:


> Hi
> I am a US citizen, my wife is British and we have lived in the UK for 5 years.
> I entered the UK with my wife from Spain in 2008 as a family member of an EEA national, with my wife exercising her treaty rights as an EEA citizen.
> I have (possibly a bit stupidly!) applied for indefinite leave to remain under Set M, but I now think I should have completed EEA4 for permanent residence.
> ...


1. True, but without confirmation of it you won't be able to apply for citizenship.

2. Chances are, it isn't.

3. She's both.

4. Indeed.

5. Similar, and it could be rejected if you do not meet the requirements.

Animo
(Cheers)


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## smlads (Apr 28, 2014)

Thanks - v helpful!!!

I just actually spoke to them on the phone, and here's what I found out...

If you cancel the appointment you will possibly lose £100, but the rest of what you have paid is refunded.

If you have to cancel within 48 hours preceding the appointment, you must do it by phone at 0300 123 2241 (this is also the number for UK immigration advice, but for European advice you have to call 0300 123 2253.

As I entered with my wife exercising treaty rights, I have no option but to apply for permanent residence on EEA4 - and the cost is £55 instead of £1000+ for Set M !

Until I receive a decision (and a PR card) I will remain here on the same basis as my Residence Permit. The expected turnaround time for the decision is 3-5 months and you can only apply by post. They absolutely have to give you a decision within 6 months.

I was also told (not sure about this one) that if you are on the EEA4 application, there is no requirement for the Life In The UK test.....hmmm - worth double checking I think.

The only question I now have is -

Does anyone know how long it takes to get your passport back once you have submitted your application (and of course, using the correct forms etc)?

Thanks again!


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## Joppa (Sep 7, 2009)

You can apply for your passport back straightaway, but first wait till you get a letter of acknowledgement. It can take up to 20 working days. You can request online.
No need to take Life in the UK test for permanent residence as it isn't an EU requirement.
To be naturalised, you can do so as soon as you get confirmation of permanent residence, but you will first have to pass the Life in the UK test as it's a specific requirement for naturalisation under UK law, and attend citizenship ceremony once your application is approved. Also you must not have been absent from UK longer than 270 days in the last 3 years, and 90 days in the last 12 months.


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