Back with EEA4 Permanent Residence query

[Peanut]

Hello - I posted here quite a while back now http://www.immigrationboards.com/viewto ... ght=peanut and was so grateful for advice received, I was wondering if I could get some more help now? May is fast approaching so the time to apply for PR for my SA bloke is arriving. However, having now read the forms, we see on EEA4 that to apply for PR as a non-EEA national with an EEA national family member, that family member needs to be employed/studying etc. Unfortunately, ever since the separation, the ex-wife has been on full benefits (don't start me on that one!) which are very generous so I doubt she will seek employment soon. Does this scupper any chances for my bloke to get PR?

If he doesn't qualify for PR now, does he still have the right to remain in the UK on the basis of the new regulations that came into force last year, specifically article 8? And does that leave then end in April '08?

Thanks again,

Despondent Peanut

[JAJ]

Unfortunately, ever since the separation, the ex-wife has been on full benefits (don't start me on that one!) which are very generous so I doubt she will seek employment soon.

Was she ever in employment?

[Peanut]

Hello - as far as I can gather she held a few cleaning jobs here and there but never anything substantial in terms of a job that can be filled in on the form....

Peanut

[333]

peanut what is article 8?

regards your query, the new version of the EEA4 form states that the person applying needs only to prove that they have been excersing treaty rights

Confirmation email i received from HO regards the same query

Dear Sir/Madam,
Thank you for your enquiry.

We can confirm that you may demonstrate that you have exercised your Treaty right in the UK for 5 years through employment.


Yours faithfully,

***************
Managed Migration
Border & Immigration Agency

If you intend to reply to this e-mail please ensure that you re-send all the information from your original enquiry.





--------------------------------------------------------------------------------
From:
Sent: 10 April 2007 14:09
To: IND Public Enquiries
Subject: Conflicting Information on Home Office website


Afternoon



Wonder if I could get some clarity on the following issue regards information I have come across on your web site

I am a non-EAA national married to EEA national who will be applying for permanent residency via application EA4



Under the following link http://www.ind.homeoffice.gov.uk/applyi ... unationals

Can I apply for confirmation that I have acquired a right of permanent residence in the United Kingdom?

"Your non-EEA national family members may apply independently for confirmation of permanent residence if they have lived with you in the United Kingdom for 5 years. They will need to provide evidence that their EEA family member has been exercising Treaty rights in the United Kingdom during this period."

Here it tells me that for my application I have to provide evidence of only my EEA family member exercising rights over the 5 years with the non-EAA national having not to prove anything

If then I look on the actual application forms EEA4, top of page 8 it states “ to qualify for permanent residence your EEA or Swiss family member or you needs to have exercised a treaty right in the UK for 5 years …â€