EEA2 application

[medal92]

Hi all.

I would highly appreciate help with the following:

1. Can I include more than one EEA national family member on my EEA2 application form?

2. The application form asks for Proof of relationship to EEA family member, which I have provided, but underneath the checklist eg Birth Certificate, Proof of durable relationship, there is proof of residence. Is proof of residence mandatory or is it optional?

3. The application form also asks for proof of dependency if EEA family member is your child over 21 or grandchild. Is this mandatory?

Many thanks in advance!

[EUsmileWEallsmile]

Hi all.

I would highly appreciate help with the following:

1. Can I include more than one EEA national family member on my EEA2 application form?

2. The application form asks for Proof of relationship to EEA family member, which I have provided, but underneath the checklist eg Birth Certificate, Proof of durable relationship, there is proof of residence. Is proof of residence mandatory or is it optional?

3. The application form also asks for proof of dependency if EEA family member is your child over 21 or grandchild. Is this mandatory?

Many thanks in advance!

1. Yes.
2. No.
3. Yes.

[medal92]

Thank you very much for your reply!

For question 2, you have answered No. Can you please elaborate as the question was if proof of residence was optional or mandatory?

Regarding proof of dependency, can I use my daughters utility bill and any correspondence I have had to the same address while living here. Will that be sufficient?


P.S is it mandatory that all document be original?

I apologise for all the questions, I know your time is valuable!

Many thanks

[medal92]

in addition, can a tenancy agreement in which my child is named guarantor and myself, tenant be sufficient proof of dependency?

[EUsmileWEallsmile]

I'd answered no, because the answer is no.

If you read through the directive, you will see that the general procedure for obtaining residence documentation for an EU citizen is to provide passport (or ID card) and proof of being a worker, self-sufficient or student.

The non-EU family member requires to submit their passport, the EU national's residence certificate (or proof that he would obtain one) and proof that he is the family member of the EU national. In the case of dependency being a requirement, proof of that.

That's it.

[EUsmileWEallsmile]

in addition, can a tenancy agreement in which my child is named guarantor and myself, tenant be sufficient proof of dependency?

You might find it easier to write a paragraph describing the circumstances pertaining to the application. That is if having read through directive 2004/38/ec you still have questions.

[medal92]

Morning.

I have already provided the documents except
For my EU nationals's residence certificate.

Nowhere does it say in the application form that it is required.

I am assuming, from your replies, proof of address is not required.

Thanks

[EUsmileWEallsmile]

That would be my position and it appears you've read through the directive. Given that you haven't expanded and provided any additional details, it would be difficult to comment further. There may be cases, where proof of residence could be important, for certain extended family members, perhaps.

[medal92]

My position is: I am not an EEA national and would like to apply for a residence card by using EEA2.

I am currently in the UK on a family permit. I live with my children. My name is on the tenancy agreement, with my children named as Guarantors. I have provided proof of employment of both my children who are over 21.

I have 2 young children who are enrolled in UK school, starting in september and have comprehensive sickness insurance (vanbreda international). I have also provided a bank statement showing sufficient funds to maintain them.

I have provided a family certificate which shows everyone's birth certificate as proof they are my children.

I have provided all passports and ID forms.

All my children are Swiss nationals with Swiss passports and IDs.
I have provided proof that they are all exercising their Treaty Rights.

My only concerns are before submitting the application: proof of dependency and also, concern that they need to have residence cards as ell. (Which is not requested in the application form)

I hope this information helps.

[EUsmileWEallsmile]

This is an interesting situation.

(While Switzerland is not a member of the EU, there is a separate agreement between the EU and that state. The UK defines EEA nationals as those from the EU, EEA, and Switzerland. For the purposes of simplicity, I use EU citizen throughout).

In general EU citizens do not require residence documentation. They would cost £55.

You, the non-EU citizen would benefit from it and it would be prudent to obtain one.

On what basis are you applying? It appears to me that you are the dependent parent of an EU national working in the UK.

In that case, you would require to show that the EU national is working, that you are related as claimed and that you are dependent on them.

It is likely that the other children, ie the younger ones are also dependent on their sibling, in which case they could be considered to be other family members. The could apply for residence documentation on that basis. In order to benefit from this provision, they would require to make an application. The advantage would be that the insurance could be dispensed with.

Have you made the application, you suggest that you have?

[medal92]

Thank you for your reply.

i have not yet submitted the application form (or posted it).

So far, on the application I have provided evidence that my EU family member is working, that we are related. I am only having difficulty providing proof of dependency as I am not sure what qualifies as Proof of dependency: would a tenancy agreement were I am named as tenant and my children guarantors be sufficient?

As for my younger children, they are entirely dependant on me and my wife, not my older children. They have recently moved with us to the UK and enrolled for school in September. it maybe worth to mention that my wife is a Swiss national with a Swiss passport, but not exercising any Treaty rights.
If my younger children need to make a residence card, it would be difficult to prove they are dependant on my older children.

To summarize, my EU family members do not require a residence card but would help my application if they have one?

[EUsmileWEallsmile]

Are you dependent on your child or are you not? If so, ask yourself, how are you dependent on them? Once you've answered that, how would you evidence that? Once you've done that submit said evidence.

There is guidance as to what constitutes dependency. UKBA publish guidance which you should read.

http://www.ukba.homeoffice.gov.uk/sitec ... dlaw/ecis/

Alternatively, your spouse could be considered to be self-sufficient provided they have sufficient income and hold sickness insurance for themselves and any other family members such as you and the younger children.

[medal92]

Thank you for providing me with the link above.

As I was reading through it, I found this: under section 5.1.12:

''If a non EEA national family member of a Swiss national qualifies, they are issued with a Swiss Residence Card''.

I already have a Swiss Residence Card.
Do I still need a UK Residence Card if I already have a Swiss Residence Card?

[EUsmileWEallsmile]

There may be some confusion in the terminology. What you will have read will no doubt be a card issued by the UK not Switzerland, even if the test is not particularly clear.