Can a non-EEA National (Brazilian) be the applicant on EEA4?

[djbriza]

Hello everyone, good morning. I have a question about my application for my permanent residence in the UK using the EEA4 form.

Can anyone please confirm if I (non EEA National married to my Swedish National EEA wife, who has been living here for over 5 years exercising our treaty rights in the UK) can apply for a permanent residence using the latest EEA4 form?

The reason of my question is that someone told me I can only apply for this permanent residence if my wife applies as well which means she would have to be the applicant on Section 1 on EEA4 form and I would be a family member on Section 2 of the EEA4 form.

In my understanding the information given on the paragraph above is wrong - I should be the applicant on Section 1, on Section 2 I don't have any family member which means it will be blank and on Section 3 will be my wife's information as she is the EEA national. Am I correct is stating this?

I'm trying to make sure I get my application on spot, so if anyone can comment on this I would really appreciate.

Thank you so much.

[Jambo]

In my understanding the information given on the paragraph above is wrong - I should be the applicant on Section 1, on Section 2 I don't have any family member which means it will be blank and on Section 3 will be my wife's information as she is the EEA national. Am I correct is stating this?

Your understanding is correct. Your wife doesn't need to apply as documentations under EEA regulations are optional but you will need to provide her passport + proof of 5 years treaty rights with your application.

[djbriza]

Thanks a lot Jambo everything masked sense now. I researched a bit more and realised that in case my wife decides to apply for a permanent residence as well we need to send forms EEA3 and 4 together so the EEA4 would be just for me to be the applicant and on EEA3 she can be the applicant.

Thank you for your reply.