2nd eea2 application when current rc is not eligible for pr

[John1208]

Dear members,
I am a non eea national having spent close to 5 years and now found that I am not eligible for pr because my eea national has not exercised treaty rights all the five years.
But now my eea national is working and is registered as job seeker also as she is still looking for better job.
I am a bit worried whether the new eea2 application will be successful based on my current situation.
I am on full time employment but my eea national has been actively working in the last 1 month only.
will Ho question about the existing rc that my eea national has not exercised treaty rights.
Please shed some light

[SouthWest1]

how long were those breaks from employment?
he / she is allowed to have breaks without breaking their continuity of employment.

[Imshzd]

If you are not eligible for PR then new RC application is best option for you.
Simply apply EEA2 and sent all last five years treaty rights and prove of residence.*may* be you will get PR instead of RC.
But your EEA national wife must be a qualified person at the time of your new application.does not matter a length of current job.

[John1208]

Thanks for your valuable response...

At the time of applying my first EEA2 application, my EEA national was working. We received the COA in Jan 2009, and following that received RC in October 2009.
My EEA national left the job in Feb 2010 and after that time she did not work until last month (April 2014) as she was taking care of child. But now she started working again from May 2014 on a part time basis. And still looking got a permanent job by registering with job centre plus as job seeker.

So from what you are saying is that, regardless of how the current RC eligibility, the new EEA2 application will stil be successful if my EEA is currently working.

[Imshzd]

If your wife already acquired PR then does not matter,if not then do not attach the previous treaty rights.
Just attach the current treaty rights and do not apply until to feel that your EEA national is a qualified person.

[behold2014]

If you are not eligible for PR then new RC application is best option for you.
Simply apply EEA2 and sent all last five years treaty rights and prove of residence.*may* be you will get PR instead of RC.
But your EEA national wife must be a qualified person at the time of your new application.does not matter a length of current job.

Hi lmshzd,

y do u always say this....do u know of any1 it happens too.
i can quote 3 post you av said this

[John1208]

Thanks Imshzd.

I just wanted to confirm whether the following documents for EEA2 would be sufficient,
1. My EEA nationals Registration Certificate that was issued Sep 2008.
2. Last 3 months payslip + bank statements
3. current employment offer letter.
PLUS
the same information for non-EEA national as stated above.

do you think that this is sufficient.?

Today I spoke with HO and explained my current situation and said that I would like to apply for EEA2 with my EEA national being employed as part-time. And they said that it is not sufficient enough as part-time..

EEA national should be on a full-time employment at the time of applying EEA2.

[behold2014]

what number did you phone?

[John1208]

EEA Enquiry...

03001232253

[behold2014]

i will say do what Imshzd said...everything thing you have for 5 yrs

[Imshzd]

If you are not eligible for PR then new RC application is best option for you.
Simply apply EEA2 and sent all last five years treaty rights and prove of residence.*may* be you will get PR instead of RC.
But your EEA national wife must be a qualified person at the time of your new application.does not matter a length of current job.

Hi lmshzd,

y do u always say this....do u know of any1 it happens too.
i can quote 3 post you av said this

Under EU regulation application forms does not matter,and caseworkers are legally bound to issue a PR if applicant is eligible.

[Imshzd]

Thanks Imshzd.

I just wanted to confirm whether the following documents for EEA2 would be sufficient,
1. My EEA nationals Registration Certificate that was issued Sep 2008.
2. Last 3 months payslip + bank statements
3. current employment offer letter.
PLUS
the same information for non-EEA national as stated above.

do you think that this is sufficient.?

Today I spoke with HO and explained my current situation and said that I would like to apply for EEA2 with my EEA national being employed as part-time. And they said that it is not sufficient enough as part-time..

EEA national should be on a full-time employment at the time of applying EEA2.

I think if you attach a letter from EEA nationals employer in which employer can confirm this that EEA national is working for his/her company at the moment and this job is on going,then this will be much more better then the offer letter.
Simple offer letter may confuse caseworker.
As you are married for a long time then I advice you to sent a proof that you are still living happily together under the same roof.
Don't forget to sent your EEA nationals ID/passport.

[kulla]

Hello John, Imshzd and Behold,

I would appreciate your views on similar situation of mine:

I have residence card (eea2). Married for 5 years (March 2009) to eea happily married. We got a baby now (british). Unfortunately my spouse had to stop working as looking after our baby in February 2014 (she recd EEA3 -PR last month).I applied for EEA4 recently.

Questions:

1- Am I 1 month short of my wife exercising treaty?
2- Does PR make any positive on my application?
3- Do I loose my legal right to work if I get refusal?
4- Can i apply for EEA2 again? if wife not exercising treaty rights?
5- She was working without break since 2004. Can she apply for British Citizenship?

Thanks in advance for your replies.

Kind regards,
Kulla

[Imshzd]

Hello John, Imshzd and Behold,

I would appreciate your views on similar situation of mine:

I have residence card (eea2). Married for 5 years (March 2009) to eea happily married. We got a baby now (british). Unfortunately my spouse had to stop working as looking after our baby in February 2014 (she recd EEA3 -PR last month).I applied for EEA4 recently.

Questions:

1- Am I 1 month short of my wife exercising treaty?
2- Does PR make any positive on my application?
3- Do I loose my legal right to work if I get refusal?
4- Can i apply for EEA2 again? if wife not exercising treaty rights?
5- She was working without break since 2004. Can she apply for British Citizenship?

Thanks in advance for your replies.

Kind regards,
Kulla

1:no.
2:yes.
3:don't think about refusal.as per situation rare chance of refusal.
4:as she is PR holder so yes you can apply PR again.
5:yes.

[kulla]

Thanks Imshzd,

1-I am only worried because one solicitor mentioned, I may get refusal because wife is not exercising treaty rights till 5th year.His calculation was if we got married in March 2009 she is one month short as last payslip is February 2014. Also he said ' Her PR is not considered while making a decision as it depends on EEA exercising treaty?'

2- Would it matter if she is not working now ? (for British Citizenship) Technically she acquired PR in 2009 as she worked since 2004 and continued till passed February 2014.

3- As a family member of EEA with PR can I continue to work? ( Does it mention anywhere on homeoffice website)

Thanks in advance.
Kind regards,
Kulla

[Imshzd]

Thanks Imshzd,

1-I am only worried because one solicitor mentioned, I may get refusal because wife is not exercising treaty rights till 5th year.His calculation was if we got married in March 2009 she is one month short as last payslip is February 2014. Also he said ' Her PR is not considered while making a decision as it depends on EEA exercising treaty?'

Your solicitor is not aware of EU regulations.

2- Would it matter if she is not working now ? (for British Citizenship) Technically she acquired PR in 2009 as she worked since 2004 and continued till passed February 2014.

Work Does not matter after PR.

3- As a family member of EEA with PR can I continue to work? ( Does it mention anywhere on homeoffice website)

This is common sense.non EEA nationals right derives from EEA nationals.So after EEA nationals PR,EEA national is free from all restrictions,and if you already spend 5 years under EU regulations then you are automatically acquired PR status.EEA 4 is just a application for the confirmation of your rights.
Thanks in advance.
Kind regards,
Kulla

[John1208]

Imshzd

You earlier said that not to send previous treaty rights information's.

Does it mean that, not to show the previous P60 slips and only show the current payslips...

Does it also mean that she needs to apply for a new EEA1 registration certificate ? or the existing one is sufficient enough.

[Imshzd]

Imshzd

You earlier said that not to send previous treaty rights information's.

Does it mean that, not to show the previous P60 slips and only show the current payslips...

Does it also mean that she needs to apply for a new EEA1 registration certificate ? or the existing one is sufficient enough.

In your case your wife ceased to be a worker for a long time,and there is a years gap between the treaty rights so I think this is not in your favour.
as you are applying EEA2 so those ageing p60 are useless.
So it's better to apply with the support of current treaty rights.
No need to apply another EEA1

[John1208]

Thank you Imshzd.