EE4 application or BC ?

[AnthCambs]

I am confused with some of the statements at webpage of UK Border and I hope someone can help me.

I am a non-EEA spouse (wife) of an EEA nation (French).

We got married on 8th March 2006. Hubby has been employed since 2004 until present, and there is not a single day that he is not employed even when he changed of job i.e. new job started right after the previous employment contract ended.

The dates below will prbably give a better picture

28th March 2005 - I held a holidaymaker visa and started full time job
8th March 2006 - Got married with French husband, both HUSBAND and WIFE in full time employment
6th April 2006 - Wife's EEA2 granted, hubby obtained indefinite leave to remain (in form of a residence card)
Jan 2008 - Wife stopped working and became a postgrad research student - had been granted EPSRC scholarship for a doctorate degree (ending June 2012)
6th April 2011 - Wife's EEA2 stamp expires



I understand that the normal route would be for me(WIFE) to apply for EEA4 (10 years permanent residence). But my hubby says I should try to go for BC

But I have also read on the AN guide that family member of EEA nation will obtain permanent residence automatically after exercising their treaty rights in UK for a continuous period of 5 years -> does this mean that I have the option not need to apply for EEA4?

This is rather confusing.


Naturalisation:
Let's say I wanted to apply for BC and had to wait a year before applying. If I were eligible for a year of permanent residence as stated in AN guide:
1. Am I allowed to travel freely in and out of UK within this 1-year of automatic permanent residence without a proper stamp/sticker in my passport?
2. Does my working period before we got married count towards the 6 years residency in UK?

EEA4:
1. It says that my application should be made during any lawful stay in UK. Is 30 days before EEA2 expiry date too late?
2. My husband is in full time employed and of course he has been paying his NI (I was paying mine when I was working too.). His company has provided him an insurance although I am not included. But seeing that I am now a mature student, will I require comprehensive insurance scheme to support my EEA4 application?

If all fails....
Our son was born in July 2009, can I apply a visa given that my son is depedent on me, from the UK? (PS: Son has British passport)


Thank you very much!

[fysicus]

I would first of all submit the EEA4 application for a Permanent Residence Card straightaway. You can apply at anytime you like: as long as you are the family member of an EEA national who is exercising treaty rights in the UK you cannot be unlawful in the UK, whether your EEA2 expired or not. The EEA4 application will have no adverse effect on any of your other options, like applying for BC.

Your case looks very straightforward, as your husband was in employment all the time during the five years period (starting on the day of your marriage). What you (as the non-EEA family member) have been doing is actually not relevant. You have not to worry about insurance in this case.

From a legal point of view you do indeed acquire the rights under the EEA regulations automatically. But from a practical point of view: when you want to claim the benefits attached to these rights you somehow need to prove it, so in practice it is advisable to have a valid (Permanent) Residence Card.

[noble72uk]

Hi AnthCambs

Actually Fysicus is 100% right you have the answer.
I'm in the in the same case as yours
My wife is an EU member French
Married on 18 march 2005 granted EEA2 in the august 2005.
Granted EEA4 PR last December 2010.
I'll be eligible to apply for the BC after the 18/03/2011 this year based on our Marriage certificate as Prove

It’s better to apply for your EEA4 it doesn’t matter how long it takes even max 6 months just remember you can apply for you BC after 08/03/2012 based on your marriage as prove.

PS: Regarding my self I did not work 5 years only 3. Your application EEA4 documents to provide is your sponsor means your husband EEA member of course add yours to support as I did.


Good luck and be patient