Proof of 5 continuous years exercising Treaty Rights - EEA4

[nachfee]

Hello Everyone,

It would be great is someone can answer my questions regarding:
- The timeline necessary to proof 5 continuous years for a EEA National exercising treaty rights.
- Proof of address - living together for 5 years.

I have successfully gain my residence card through the EEA2 application form.
My visa expires in November this year. I have continuously living and working in the UK for 5 years.
I need to apply for the EEA4 now and I am having issues with some of the points.

Section 7: Employment for EEA National
My partner (Irish) filled the EEA1 and has the certificate already.
He has been here since 2003 and has exercise treaty rights continuously from 2003- May 2009 through employment and studying.
We worked in the same company from Oct 2009 (I started in the company in March 2009) until May 2011 though we have find it quite difficult to gather information about his employment here, a lot of documents were lost.
We started our own company in May 2011 until Present which we can provide all documents (accountant letters, premises lease, business bank statements).
Does he has to fill Section 7 (exercise of treaty rights for continuously 5 years) for the LAST 5 years or any 5 continuous years since 2003 (when he arrived in the UK)? If there is a gap, how big can this gap be?
It would be great if we can use the 5 continuous years when he was working and studying from 2003 - 2009 (which were also used for my EEA2 application form) as we have all the documents for this period but not from Oct 2009 - May 2011.

Documents supporting leaving together:
We have all the documents that proof living together from May 2011 - Oct 2014, we are missing 2 years. The reason is because we were living in a share house and I was not in the tenancy but my husband and other two people. How can I proof my address? I don't have bank statements during this time and I was not in any of the utility bills. Would it be possible to ask my employer at that time to write a letter confirming I was living at that address?

It would be great if you could answer these questions for me.
I appreciate greatly the forum and the help given. I have read through many topics but I still cannot find an specific answer. I have read about the continuous years not necessarily to be the last 5 years but I would appreciate if someone can confirm further.

Many thanks.

[Jambo]

Any 5 continuous years of treaty rights is fine. Just need to show that from 2009, the EEA national didn't leave for thecUK for more than 2 years (to show PR is still valid).

Letter from employer can prove residence (or if you have address on your P60 or any other official letter).

[nachfee]

Many thanks for your quick reply.

Many people have applied for the EEA3. Is this necessary or convenient?

Many thanks

[Jambo]

I don't think many apply for EEA3. For an Irish, it really brings no value. Save the £55.

[nachfee]

Many thanks for your reply.
Very kind

[Prospect]

I don't think many apply for EEA3. For an Irish, it really brings no value. Save the £55.

Hi jambo, can you kindly explain further why you said for an irish it doesn't bring any value applying for eea3?

[chaoclive]

I don't think many apply for EEA3. For an Irish, it really brings no value. Save the £55.

Hi jambo, can you kindly explain further why you said for an irish it doesn't bring any value applying for eea3?

As Irish citizens automatically have a right to reside in the UK as part of the (CTA) common travel area anyway, Irish people don't really benefit a lot from having PR (on form EEA3). That means, if the UK leaves the EU, it won't affect whether or not Irish people can live freely in the (at least not in the near future).

However, it won't do any harm at all for your Irish citizen spouse to get EEA3 and it might make your EEA4 application easier.

I'm Irish and I will be going ahead with my EEA3 when the time comes, just to make EEA4 easier for my partner.

[Prospect]

@chaoclive that's interesting. But a couple of questions, she didn't apply for eea1 in the first place does that mean she can't apply for eea3 later on? Secondly we live in NI and after 3 years of marriage I think I would be eligible for irish citizenship, if I get that do I still need to apply for eea4 by the time my eea2 expires?

[chaoclive]

@chaoclive that's interesting. But a couple of questions, she didn't apply for eea1 in the first place does that mean she can't apply for eea3 later on? Secondly we live in NI and after 3 years of marriage I think I would be eligible for irish citizenship, if I get that do I still need to apply for eea4 by the time my eea2 expires?

Of course she can apply for EEA3 - EEA1 is irrelevant.

If you get Irish citizenship (which you will be entitled to after 3 years of marriage and living in the island of Ireland) you definitely don't need to get EEA4! My partner will get Irish citizenship AND EEA4 simply because his country of citizenship doesn't really accept dual nationality and he can keep the PR (EEA4) in his other passport to use when he travels in and out of his home country and then he can use the Irish passport when he travels to other places. It's really up to you. I would still apply for it. It's not a bad thing to get the proof (but it's definitely not necessary if you're gonna be Irish by that time!).

We're in Belfast by the way:)

[Prospect]

That's brilliant we live in belfast too. At least it's a good thing that there are more options to take when the time comes. Goodluck to you and your spouse on the eea2 application. Hopefully it shouldn't take too long since you already have the eea1.

[chaoclive]

That's brilliant we live in belfast too. At least it's a good thing that there are more options to take when the time comes. Goodluck to you and your spouse on the eea2 application. Hopefully it shouldn't take too long since you already have the eea1.

Fingers crossed! We just got the COA on Monday so I'm not holding my breath for a speedy response

Good luck to you too

[nachfee]

choactive,
How long did it take you from the time you applied to get the COA?
Great news! Thanks for your responses. Very helpful!
My husband is Irish and we live in the UK.

[chaoclive]

choactive,
How long did it take you from the time you applied to get the COA?
Great news! Thanks for your responses. Very helpful!
My husband is Irish and we live in the UK.

Hi. We applied on 2nd Oct (received by Home Office on 3rd) and we got the COA on 27th Oct (it was dated 22nd).

If you were to live in Northern Ireland (in the UK), you would be eligible for Irish citizenship after 3 years of life in NI as the spouse of an Irish citizen. If you are in other parts of the UK this wouldn't apply though.