What Shall I Do? Regarding EEA4

[ninjaman]

Hi All,

Here is my story:

my EEA2 will expire in Mar 2014, I would like to get advice from you guys as to what document I should prepare because
1. my wife (born and bred in Northern Ireland) hasnt been working for 3 years.
2. We have no paper bills only bank statements (No Joint account)
3. she is claiming Child Benefit, Housing Benefits and tax credits because I'm working only 35 hours (full time)

additionally;
1. wife is currently holding Irish passport
1. we have two children together - we havent applied for passports for them yet
2. I have all P60s for the past 5 years
3. I'm from non-EEA, commonwealth country
4. married in Northern Ireland in 2003

I'm worried that we are not going to have documents to show that she has continuously exercised a treaty right in the UK for 5 years

section 7 says "To qualify for permanent residence your EEA national family member needs to have continuously exercised a Treaty right in the UK for 5 years through employment, self-employment, study, eco- nomic self-sufficiency (including retirement) or permanent incapacity. If your EEA national family member has been supported by the employment or funds of another family member you may still qualify. "


My questions are:

1. what documents can I start to prepare or start collecting

2. if she applies for a british passport (her Bristish passport expired years back) will it help? (so we could tick where it asks if she has British passport)

3. what about benefits she is claiming?



I know I have a year to go but last time the case was dealt with by a solicitor, this time I cant afford to do the same

Please advice,

Thanks in advance

[Jambo]

First, she should not get a British passport yet. It would complicate things. Better to stick to the Irish one at the monent.

Second, if she is not working and you are living off your salary, she is considered self-sufficient and the HO would expect you to have a private health insurance (CSI) on top of NHS. Have you had such a insurance? Without it, the HO would not consider your past 3 years (or any time without insurance) as qualifying for PR. alternatively, if your wife can prove she has worked for 5 continuous years in the past, you could get express from the CSI requirement.

[ninjaman]

Thank you so much Jambo for taking time to reply.

I have never had such insurance. What I will do is probably go and trying to find docs to prove she has been working for 5 continuous years.

could you please explain "you could get express from the CSI requirement"

Thank you, again

[Jambo]

could you please explain "you could get express from the CSI requirement"

sorry. It was the phone autocorrect.
I meant to say "exempt from the CSI requirement".

[ninjaman]

Hi everyone,

The time has come for me to apply for EEA4

this is what I found.

for my wife (EEA National):
7 payslips for year 2003
1 p60 for year 2004
7 payslips for year 2005
1 p60 for year 2006
1 p60 for year 2007
1 p60 for year 2008
1 p60 for year 2009

we were married late November 2003 (but we were living together throughout 2003).out of those 7 payslips of 2003, I have only 1 payslip of December 2003 and 6 before marriage.

my question is do I have to write a cover letter asking for exemption or explaining anything or shall I just apply without cover letter?
in case you are wondering why I left it too long after EEA2 expired, its because I applied for Irish naturalisation and they have put my application on hold till I get permit from the UK gov.

also the form asks if she"Do they also hold British citizenship?" shall I tick yes or no? because she has uk passport which expired in 2007 and never renewed.

please help me..

I don't know where to start