complex EEA Application please HELP!!!

[Hqua]

Hi all,
here is my case I came on a student visa and married my wife a French national in 2006 and got the 5yrs dependency visa which is due to expire in July 2011. I have been on full time employment since mid 2006.
here come the mix after 2 yrs living together things turned so ugly and we decided to live apart, she has been working full time all these time.
after our separation she enrolled to university a year later hence stopped her work to concentrate on her studies but unfortunately she fell pregnant from a guy who later disappeared...
she was therefore getting benefit after the child birth. Funny enough as they might say love conquers all we are now together again and she came off the benefit since October 2010 as I am supporting them.
now here is the catch she only exercised her treaty for just under 4 years and now she is not even working.
what app should I make at the HO?
I am so confused I read the rule was clear that during the 5 yrs we had to be together which wasn't the case and she hasn't been exercising her treaty throughout.
One more thing she was granted her PR EEA blue card 2 years ago which is the card EEA get after living over 5 yrs in the UK would that help at all as I am told with that card the need to exercise her treaty not obligatory I am wrong?
I am so confused and lost would appreciate your advice.
thanks

[vinny]

I am so confused I read the rule was clear that during the 5 yrs we had to be together which wasn't the case

Apparently possible. If she is a PR holder and have not left the UK for a period over 2 years, then you should be okay.

[Hqua]

Thanks Vinny for your reply but what sort of application could I make then? Am I eligible to apply for ILR now or renewal of the 5yrs RC. In fact she hasn't left the UK for a period over 2yrs as you mentioned. Thanks

[vinny]

Apply for confirmation of PR.

[Hqua]

hi all,
following the brillant advice i got, i made EEA4 application on July 7th got a reply from the Home Office on 14th.
basically the new EEA4 form amended in June which I used doesn't require the EEA sponsor to provide evidence of exercising the treaty IF they hold permanent residence card in the UK which is the case of my wife as mentioned before; now the HO returned my application on the basis that they lack evidence of my wife exercising the treaty and i will need to collate these proofs before submitting the application again alternatively if i am the only bread provider in the family which is the case then we should all have comprehensive medical insurance.
It seems to me that they just overlooked the permanent residence she holds.
furthermore the form doesn't require to do so for our case so i just don't understand their logic.
i need help please

regards

[nonspecifics]

If your EEA sponsor has PR.

1. The non-EEA has to prove five continuous years of residence in UK as family member of EEA national.

2. Supply proof of the EEA's PR.

3. Supply proof that you are a family member of EEA - marriage certificate in your case.

4. Proof the EEA has been in the UK since PR.

5.Proof you have been in UK since the PR.

[AnthCambs]

hi all,
following the brillant advice i got, i made EEA4 application on July 7th got a reply from the Home Office on 14th.
basically the new EEA4 form amended in June which I used doesn't require the EEA sponsor to provide evidence of exercising the treaty IF they hold permanent residence card in the UK which is the case of my wife as mentioned before; now the HO returned my application on the basis that they lack evidence of my wife exercising the treaty and i will need to collate these proofs before submitting the application again alternatively if i am the only bread provider in the family which is the case then we should all have comprehensive medical insurance.
It seems to me that they just overlooked the permanent residence she holds.
furthermore the form doesn't require to do so for our case so i just don't understand their logic.
i need help please

regards

If you are going to apply for PR, you will need to follow the instructions on EEA4 regardless. You will need to prove she has exercised treaty right for the last 5 years. If she ceases to exercise her treaty right, then you will lose yours too.
http://www.ukba.homeoffice.gov.uk/sitec ... cklist.pdf

Types of residence document

If you are the non-European family member of an EEA or Swiss national, and you have come to the UK with them, you can apply for a residence card. This is a document which confirms your right of residence under European law. Your residence card may take the form of an endorsement in your passport (also called a 'vignette'), or it may be a separate document called an 'immigration status document'. A residence card is normally valid for 5 years from the date when it is issued.

When you have lived here for a continuous period of 5 years with the EEA or Swiss national (who must have been in employment, self-employment, studying or self-sufficient in the UK throughout the 5 years), you can apply for confirmation of your right to permanent residence in the UK.

I believe you still have to provide evidence that she has been exercising her treaty right.

Good luck.

[nonspecifics]

You mention the new June 2011 forms not requiring exercising of Treaty Rights if the EEA National has PR.

I wrote several times complaining that the previous forms did not exempt PR holders from the requirement to prove exercising Treaty Rights for 5 years.

Thereby denying a holder of PR of one of his basic rights in that they are no longer required to prove the exercising of Treaty Rights.

I also reported it to the EU Commission as a breach of EU law by a Member State.

Here is the response from UKBA:


"Thank you for your e-mail to the North West Customer Service Unit about
the EEA2 and EEA4 application forms. Your letter has been passed to my team to
reply.

I am sorry that you have found it necessary to complain about the service offered by the UK Border Agency. We strive to provide a first class service and it is a matter of regret when we fall short of the highest standards.

I have liaised with our European Policy Team regarding your complaint and can now confirm that the current June 2011 version of the EEA4 form fully takes into account the position of those EEA national sponsors who have attained Permanent Residence status.

However, if said EEA national sponsor has not acquired a document certifying that they have Permanent Residence, then they will need to
provide evidence to demonstrate they have completed the required 5 years residence exercising treaty rights in the UK, which in turn confirms their attainment of Permanent Residence.

The EEA2 form will also be amended to reflect this.

I can confirm that no breach of Law has occurred as no applicant has been refused a residence card on the basis of the information concerning their sponsors Permanent Residence not being included on either application form.

The Immigration (EEA) Regulations 2006 are clear that someone is entitled to a residence card if they are the family member of an EEA national who has the right of Permanent Residence in the UK."

[Hqua]

Hi,
thanks for the quick reply, I take it i need the evidence regardless then.
but in her case she only exercised the treaty for 4 years broken down like this: 3 years working full time then 1 year as full time student at university and she has been taking care of the baby therefore not exercising it in the last year, would that be problem as they require 5 continuous years?

regards,

[Jambo]

[If you are going to apply for PR, you will need to follow the instructions on EEA4 regardless. You will need to prove she has exercised treaty right for the last 5 years. If she ceases to exercise her treaty right, then you will lose yours too.
http://www.ukba.homeoffice.gov.uk/sitec ... cklist.pdf

Types of residence document

If you are the non-European family member of an EEA or Swiss national, and you have come to the UK with them, you can apply for a residence card. This is a document which confirms your right of residence under European law. Your residence card may take the form of an endorsement in your passport (also called a 'vignette'), or it may be a separate document called an 'immigration status document'. A residence card is normally valid for 5 years from the date when it is issued.

When you have lived here for a continuous period of 5 years with the EEA or Swiss national (who must have been in employment, self-employment, studying or self-sufficient in the UK throughout the 5 years), you can apply for confirmation of your right to permanent residence in the UK.

I believe you still have to provide evidence that she has been exercising her treaty right.

Good luck.

If the sponsor has already received confirmation of PR status from the HO, there is no need to prove it again. You just need to prove that she has not lost it by not residing in the UK for more than 2 years.

If you have sent them the blue PR card and ticked the right boxes in the form, they have made a mistake. Just resend everything again, attach a cover letter stating that your partner has obtained a PR status already. Just make sure to include proof of her residence since the PR was granted.

[nonspecifics]

If she has the PR document that's all the proof required regarding Treaty Rights.

You are exempt from proving Treaty Rights cos of the PR card.

Just prove residence and relationship.

[Hqua]

thanks a lot Jambo,
that was exactly what i was thinking, they sent me back a standard return document letter requiring evidences the form clearly didn't ask for plus i have ticked the correct boxes and included my wife blue PR card as well, all now returned could it just be negligence on their part?
the form clearly said if the sponsor has the PR then they only need to prove they haven't left the country for 2 consecutive years with tenancy agreement and so on which we did this is so frustrating ...
i guess i just to send it with another cover letter.
i thinks some of their staffs are not aware of the new changes in the amended EEA4 form hence this error or i could be wrong.

regards,

[boloney]

thanks a lot Jambo,
that was exactly what i was thinking, they sent me back a standard return document letter requiring evidences the form clearly didn't ask for plus i have ticked the correct boxes and included my wife blue PR card as well, all now returned could it just be negligence on their part?
the form clearly said if the sponsor has the PR then they only need to prove they haven't left the country for 2 consecutive years with tenancy agreement and so on which we did this is so frustrating ...
i guess i just to send it with another cover letter.
i thinks some of their staffs are not aware of the new changes in the amended EEA4 form hence this error or i could be wrong.

regards,

Did you double check that you sending right blue card to them?
Registration certificate used to be on exactly the same blue card as PR, check inside make sure you did send right one.

[Jambo]

The sticker on page 4 of the blue card should either say "Residence Certificate" or "Document confirming Permanent Residence". If it is the former, it's not a PR card.

[Hqua]

thank you all for you advice yesterday, i did check the blue residence card i sent out with my application and page 4 that contains the endorsement-vignette clearly has Document Certifying Permanent Residence as type of document also at the back of the card it said there are no restrictions on the activities which a national of an EEA State who is a permanent resident is able to undertake.
in fact i have attached a cover letter with my application in which i mentioned the Treaty Right exemption in our case so they must have read the cover letter and chose to ignore it don't quite understand.
i will send it again next week with another cover letter justifying my reasons already done in the past quite bizarre.

regards,

[Jambo]

The HO changed the way they handle applications a few months back. The first thing they do now is to examine the documents to see that all that is needed is there. It is later passed to the case worker. I suspect the people checking the documents are not familiar with all options and they just go via a check list. Probably, the HO have updated the application form but not the check list...
Just a guess.

[Hqua]

hi all,
just to let you i got my permanent residence last week and just to thank you all for your help.
i now want to apply for naturalisation as I have already completed the 5 years residence requirement or is it advisable to wait for at least a year?
the form is asking for an EEA family member to prove they have have been exercising the treaty for the last 6 years which i found confusing.
Once again thanks for your advice during my tough time.
God bless

[Jambo]

hi all,
just to let you i got my permanent residence last week and just to thank you all for your help.
i now want to apply for naturalisation as I have already completed the 5 years residence requirement or is it advisable to wait for at least a year?
the form is asking for an EEA family member to prove they have have been exercising the treaty for the last 6 years which i found confusing.
Once again thanks for your advice during my tough time.
God bless

If you have been under EEA regulations, you need to complete 6 years in the UK although the qualifying period is 5 years (they will look at year 1-6). This is because you need to be free from immigration restriction (i.e. hold PR) for 12 months before applying.
You can either wait one year from date of the PR sticker. In that case, you can ignore the questions about EEA in the form (2.4, 2.5) and the evidence required. If you apply after 6 years in the UK but before 1 year from your PR sticker, you will need to provide similar evidence to the one you provided for the EEA4 application to show when you have obtained PR status and that 12 months have passed since then.