EEA2 again instead of EEA4

[kabuki]

I still have a little while to go before I can apply for the EEA4, but I was looking and realised we think we made a mistake.

I am currently on a 5 year EEA Residence Card as an unmarried partner of an EU national. She had issues finding work in our 2nd year in the UK so she went back to Uni to complete a masters. She only worked for about 2 months in that year, so NI contribution was minimal. We though she was still covered with VHI from Ireland, her parents were paying for it (international coverage), but it seems they cancelled it halfway through the year when the renewal came up because of free healthcare in the UK. They didn't realise she needed to be exercising her Treaty Rights. As such, this will come back to haunt us in the EEA4 application because that year is now voided as exercising treaty rights, as I assume my contributions through work don't count.

Because of this, can I just reapply via EEA2? We are getting married this summer, so less documentation needed than proving an unmarried relationship. I still have 2 years before applying, but I may have to reapply sooner because of my passport expiring shortly after my current residence permit expires, so will need to renew my passport first and then reapply.

If I can reapply via EEA2, will I need to show documentation for all the time before, or just current documents proving treaty rights with our marriage certificate? She is now back in full-time employment!

Any help will be much appreciated. I just like to keep things in order now because I hate having to get it all together at the last minute. Also, my residence permit expires at an awkward time and need to keep it up-to-date for work purposes. They check it every September.

Cheers!

[Jambo]

EEA2 only looks at evidence at the time of the application. Not a lengthy duration of time.

You can also apply for EEA4 with the evidence you have and if refused apply for EEA2.

[kabuki]

EEA2 only looks at evidence at the time of the application. Not a lengthy duration of time.

You can also apply for EEA4 with the evidence you have and if refused apply for EEA2.

Never really thought about trying with the chance of refusal, but I guess why not.

Thanks. Glad it's only current instead of past. At least I shouldn't have any issues remaining then, bur PR sure would be nice.