EEA4 and working holiday?

[mnbf9rca]

i am a dual british/irish citizen. I met my wife (who is Malaysian) when i was working in Malaysia in early 2007, and we lived together there for about 12 months until I had to move back to the UK in June 2008 when my assignment there ended. She came to the uk with her sister in June 2008 on a working holiday visa, and although her sister left after about 3-4 months, she stayed. We married in Malaysia in August 2009, after which we applied for and were granted a family permit at the local high commission, and then when we got back to the UK, a 5 year residence card (EEA2) which expires in August 2014.

As I understand it, she is covered by the transitional arrangements on dual nationals as
- she held a valid residence card and was in the UK and so had a right to reside in the UK on 16 July 2012, and
- her residence card was still valid on 16 October 2012.

In the last 5 years, we've had 2 kids, bought a house, both held down jobs etc. We have spent quite some time abroad though - one trip back to Malaysia for 8 months when our first child was born, perhaps 2-4 months a year total in other years to visit relatives, and most recently a trip for 4 months after the birth of our second son.

Clearly, to make life easier (applying for jobs etc.), she needs to renew her residence card. So four questions occur to me:
- Is it worth applying via EEA4 or should we just re-apply via EEA2?
- is my understanding of the applicability of the transition arrangements for dual nationals correct?
- Would the time spent here before we were married (when she was on a working holiday visa) count towards permanent residence, or do you have to be exercising treaty rights?
- any other advice?

[mnbf9rca]

anyone?

[Obie]

I believe the transitional arrangement covers you prospectively, not retrospectively.

If you had EEA family permit, then you will be able to apply for Residence Card, and Permanent Residence Card.

Not sure it cover a case, where someone breaks their residence and continuing the process again.

[mnbf9rca]

thanks. Not sure what you mean by "covers you prospectively, not retrospectively". She has the residence card, and has had it since 2009. i dont think we broke residence. there's a specific allowance for a single, 8 month long trip, and in this case it was for maternity leave (which is, by statute, "related to pregnancy and childbirth"), so i'd expect this to be covered by the exception (http://www.legislation.gov.uk/uksi/2006 ... ion/3/made):

Continuity of residence is not affected by —
(a)periods of absence from the United Kingdom which do not exceed six months in total in any year;
...
(c)any one absence from the United Kingdom not exceeding twelve months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting.

[mnbf9rca]

just an update in case anyone else is looking for information on applications under the UK/EEA dual national transition arrangements. Timeline:

• Our application was submitted on June 14th
• home office issued an acknowledgement on the 18th
• CoA issued on the 24th
• residence card issued on June 27th
• passports and documents returned to us on July 14th and arrived today (19 July) by special delivery

In the application, i included a polite cover letter where I:

• explained the absence as a qualified exemption under regulation 3(1)
• explained the logic for relying on the transition arrangements (held a valid residence card on both 15th july and 16th october 2012 and have not lost right of residence as a result of absence).

I also included the following documents as supporting evidence:

• Our marriage certificate
• a current bank statement showing my and my wife's name, and address and some income and expenditure
• my wife's urrent passport and previous passport
• my irish passport
• my contract of employment
• some of my payslips for the current and past years
• two recent passport photos of my wife