Question about EEA family sponsor

[kristine015]

Hi to all reading this and thanks in advance to anyone answering,

My question, is it possible to change your original family (my step dad) sponsor to a different one (my husband) when applying for EEA4? Both are and have exercised treaty rights for continious 5 years by working. supporting documents sent for evidence

A bit of my history (short version). I posted my long history in this forum back in december.

Came here 2013 as a family member of an EEA (my step dad as a sponsor) at the age of 13.

Step dad and mothers marriage broke down ended 2010. He then left UK. My own mother cannit be my sponsor as she never worked in her life!
I married in 2012 and now have applied for EEA4 for PR and put my husband as my sponsor. In my declaration letter signed by me and solicitor it stated that id like to replace my sponsor to be my husband instead.

Is there any laws or policy to say that i have to use my original sponsor and cannot be changed?

Its now been 6 months since ive applied for EEA4 PR still no response. Tried ringing the. Multiple times and failed to get in contact with them everytime.

Any answers and advice or anyone with similar circumstances as me please write back. Would really appreciate it thanks you

Kristine

[Jambo]

There is no problem switching "sponsor". The issue is that for PR you need to prove 5 years and you are only considered his family member since you got married in 2012. His treaty rights before marriage will prove he has PR but you can't enjoy from it until you are his family member for 5 years (the same logic would apply for a 3 years old child whose his father obtains PR. The child can't obtain PR until he is 5 years old).

[askmeplz82]

This is the problem with Solicitors in England. Many don't have basic understanding in EEA 2006 law but they still give advise. If you are expert in UK immigration law stick to it don't give wrong advise about EU Law if you don't have a clue what you talking about. The other day a Solicitor saying LIVE in TV that EEA/NON need to live together for 5 years under same roof for 5 years ( use same address )

like JAMBO said you must wait 5 years after marriage if you want to use your HUSBAND exercise treaty right

[kristine015]

If the worst case scenario i have been denied due to the fact that i have not been married with my husband for continious 5 years. What step should i take next and what application form should i be using?

Id also like to ask would case worker not consider my case where i have been living here for 10 years, i also lived with my step dad for more than continuos 5 years with treaty of rights? I know hes left UK but would these merits not be considered? He wrote a letter to confirm that he now left the uk and lived with me as a family member from 2003 - 2010.

Should i have used the retaibed of rights instead? Im so confuse please help. I really think my eea4 PR application would be denied

[Jambo]

The caseworker doesn't have a crystal ball. He can't tell what you did for the 10 years if you have not provided evidence to prove it. If rejected, you can reapply and provide evidence of your father activities for continuous 5 years (even if happened several years ago).

[kristine015]

Hi Jambo,

Id like to thank you for your quick response really appreciate it. Im so sorry that my situation is a little bit complicated

In my recent application eea4 i have submitted every documents that i thought could help my case that includes my step dads letter of confirmation that he worked from 1998-210 from a local leisure centre. I also sent his letter and some of his p60s. I dont know if thats enough evidence?

As well as my own and my husbands documents to prov that we are exercising treaty rights.

If application eea4 PR gets denied. Can i re apply eea4 with Retain of rights?
Or should i just reapply using eea2 route for another RC?

[Jambo]

If you have provided evidence that your father has exercised treaty rights for 5 years, you should be fine (a letter written by him is not worth much. Letter from employers , P60s are better).

If the application is rejected, either reapply again with better documents (as it seems you have obtained PR status already. It is just a matter of proving it) or apply for 5 years RC.

[kristine015]

Thank you so much Jambo it made me feel a bit better and can now relax a bit. I will follow your advice if things dont go accordingly. People like you make this world a better place for people like us

[kristine015]

Hi all just want to let everyone know that today 18th March 2014 I got my PR inside my passport!!
Took 7months altogether! Thank you all for your help!

Regarding my current sponsor if they used my husband as replacement or based my case on the fact that my previous sponsor left UK I do not know lol! They did not explain in the letter but at last I got sorted which is the main thing! Thank you all again!

[askmeplz82]

obviously like you said your stepdad.