EEA PR - Please Help!

[seansilva]

I am an NON EEA FM and eligible to apply for EEA Permanent Residency this December.
My EEA spouse got the PR document on October 2016.

My question is when I provide the supporting documentation with the EEA PR application, do I need to have to provide my spouse’s evidence for last 5 years or only from October 2016?

I was in employment for last 6 years and my spouse started working on September 2016, before that as a full time student.

[seansilva]

Please Help!

[seansilva]

I am an NON EEA FM and eligible to apply for EEA Permanent Residency this December.
My EEA spouse got the PR document on October 2016.

My question is when I provide the supporting documentation with the EEA PR application, do I need to have to provide my spouse’s evidence for last 5 years or only from October 2016?

I was in employment for last 6 years and my spouse started working on September 2016, before that as a full time student.

[nheroo]

You need to provide evidence for any given 5 Qualifying years together. Then submit marriage certificate to show you still have relationship or link.

[seansilva]

Thank nehroo, I am slightly disagreeing with your answer.

I believe I found the answer to my own question. I will post here for everyone's benefit. It will be great if somebody can verify the answer.

The answer is based on EEA PR guidance notes document. [gov.uk]

Section 9: Relevant EEA national’s activity in the UK
Subsection A: evidence of the relevant EEA national’s activity as a qualified person
Please provide one of the following:
• your sponsor’s document certifying permanent residence if you answered ‘yes’ to question
9.3
• proof that you have/your sponsor has been a qualified person for the relevant period

I am stretching the 'Please provide one of the following:' So if you are providing the PR document, you don't have to provide any other documents to prove that that the EEA sponsor (my spouse) exercise treaty for that period.

So in my case:
2011 Sep - 2016 Sep : EEA national’s activity in the UK will be covered with PR document. There's no need of any additional documents to prove what they have done in that period.
2016 Sep - (the date I am applying): provide evidences based on the EEA national’s activity on that period. Annex H on guidance document

As a backup, I will provide my activity [non EEA] for last 5 years.

[CR001]

As a backup, I will provide my activity [non EEA] for last 5 years.

Your activity is completely irrelevant as a non-EU citizen.

[seansilva]

Thanks CR001, I agree with you.
can you please verify that my findings to my own question is correct?

[nheroo]

You are welcome.
My take is that, whatever is worth doing, is worth doing well. It is better to eliminate all doubts. I have come across lots of rejections on this Forum with applicants providing just EEA family member's PR document.
It wouldn't cost you much providing all the documents the EEA citizen submitted during her application.
They don't need any document from you, Just documents that link you and your EEA family together(e.g marriage certificate) +Bills(In both of your names) +Proof that EEA family member exercise her treaty right
for any continuous 5 year period(P60s or documents she submitted during her application).
I have been in that situation in the past and know how you feel..