Is an EEA1 RC necessary for my EEA national spouse?

[alokshah]

Hi, This is my scenario:

I am on a PSW work Visa and I am getting married to my girlfriend soon. I am going to extend my stay in the UK by applying for an EAA2 residence card as my girlfriend is exercising EU Treaty rights by working in the UK.

My question is :

Does she need to apply for an EEA1 residence certificate?
The EEA1 form says : Please note it is not mandatory to complete this application form. However it will assist in dealing with your application more efficiently if this form is used. DUH !!

Thanks.

[vinny]

See also EUN1.7 Do EEA nationals need to apply for a registration certificate? and Do you need to apply?

[Jambo]

Have you checked the FAQ before posting?

See Q1 in EEA FAQs - Common Questions - Read before posting - Residence Card.

[alokshah]

Thanks a lot, just needed a confirmation.

One more question if I may:

Can i apply for the EEA2 RC after my PSW visa expires so long as I am married before the visa expires? Just out of curiosity as the EEA2 guidance notes state: There is no legal requirement for non-EEA or non-Swiss national direct family members of EEA or Swiss nationals who are exercising Treaty rights in the UK to obtain a residence card to confirm their right of
residence in the UK. Any such non-EEA or non-Swiss national applying for a residence card does so on an entirely voluntary basis...

Thanks.

[Jambo]

Thanks a lot, just needed a confirmation.

One more question if I may:

Can i apply for the EEA2 RC after my PSW visa expires so long as I am married before the visa expires? Just out of curiosity as the EEA2 guidance notes state: There is no legal requirement for non-EEA or non-Swiss national direct family members of EEA or Swiss nationals who are exercising Treaty rights in the UK to obtain a residence card to confirm their right of
residence in the UK. Any such non-EEA or non-Swiss national applying for a residence card does so on an entirely voluntary basis...

Thanks.

You can apply any time you wish as this is just a confirmation of your status which is obtained automatically once you are married (assuming your future wife exercise her treaty rights). It is just a question of convenience (convincing employers, travelling etc without having one).

[alokshah]

Thanks a lot, just needed a confirmation.

One more question if I may:

Can i apply for the EEA2 RC after my PSW visa expires so long as I am married before the visa expires? Just out of curiosity as the EEA2 guidance notes state: There is no legal requirement for non-EEA or non-Swiss national direct family members of EEA or Swiss nationals who are exercising Treaty rights in the UK to obtain a residence card to confirm their right of
residence in the UK. Any such non-EEA or non-Swiss national applying for a residence card does so on an entirely voluntary basis...

Thanks.

You can apply any time you wish as this is just a confirmation of your status which is obtained automatically once you are married (assuming your future wife exercise her treaty rights). It is just a question of convenience (convincing employers, travelling etc without having one).

Thanks a lot. Great Help with references ! perfect!