do we need eea3 to apply for eea4

[cancerionn11]

Hi guys. I have few questions regarding our situation.
Im Polish and my husband is Indian. We got married in Sept 2009. my husband has been in UK since 2006 on first working visa then student visa and after that for 2 years another working visa. Applied for eea1& eea2 and received in Nov 2012 which is valid till 2017. Now we are thinking to apply this year for eea4 for my husband. As its been 5 years since we got married. Now we are not sure if its right thing to do. Also not sure if we need to apply for eea3 for me as well ? I am on maternity at the moment as we have a son born last April and he has got British passport. I have been working in UK since 2005 , never moved out but been out of the job for couple of weeks due to relocation etc. Never claimed any benefit or anything else.
1/ Do we need to apply for eea3 and eea4 or just eea4?
2/ Do we need to put our son in application as he is British ?
3/I have my WRS done in 2010 (registered for the first time in 2006 but after 6 months I changed the job and failed to notify them)
4/ I cant find all p60 so could I use my payslips for the last week of the year i.e. week 52 payslip which shows how much I have earned that year till that date? (Did this for my sons passport with the cover letter)

Thanks for reading !!

[Universal soldier]

On what grounds your son got British passport as neither of you received permanent residence?

[cancerionn11]

I aquired PR, on that basis my son has a British PP

[Universal soldier]

I aquired PR, on that basis my son has a British PP

If you got PR then why you again want to apply eea3

[cancerionn11]

I beleive that any EU citizen who has stayed in the country for 5 years and can prove that he/she has been exercising their treaty right is able to get their kids a British nationatity

[Jambo]

Whatever evidence you used for your child's passport application to prove you hold PR status can be used to support the EEA4 application. There is no need for EEA3.

However, from your description there might be an issue with your WRS which would mean that you don't hold PR and that the child passport was issued by error.

[cancerionn11]

I have eea1 which i applied at the same time when eea2 for my husbanf was issued. I had wrs, on the same basis my husband had eea issued. And also if someone can please tell me that in coming months I may have to quit the job momentarily just to take care of my little baby but my husband is on full time job plus earns enough to support us. This once and hope if he gets eea4, will there be any breach


on the other note. I was advised by one of my friends as she also had he kids British pp.

[Jambo]

Your EEA1 was correctly issued as you held WRS from 2010. The question is whether your years before 2010 count as lawful for PR status as you failed to register according to the rules.

Your child passport was issued assuming you obtained PR status before the birth which might not be the case if your years before 2010 don't count.

If you have not obtained PR, then you will need private health insurance for the family for the period you are not working and relying on your partner income.

[Universal soldier]

I think your son may have Polish passport not British passport because EEA1 is not PR and cannot usable in applying for child's British passport. Can you again check your son's passport and also check that do you have a document similar to EEA1 which says permanent residence/EEA3. After then come back to forum.

[cancerionn11]

Universal soldier SIR I think you probably need to get the facts clear. Eea 1 Issued in 2012 with no expiration date and I have been in th UK for over 9 years. Also I applied for my child's pp thus I don't need to check. I put forward a question here and this forum has helped a lot of people so that's why I came.

I do think you need to think thoroughly to tell people when to come to the forum. But thank you thou.
☺☺☺

[Universal soldier]

EEA1 blue color card never have expiry date but its not indicate permanent residence. If it is eea3 card then its Permanent residence card. Jambo -guru may assist you further.

[cancerionn11]

This may be new here, but you do not need to have eea1 or 3 to have your child British pp as long as you can prove of exercising treaty rights for 5 years..

[Jambo]

This is not new here. And as I said earlier, the same rule applies to EEA4. You don't need EEA3 to support EEA4. You just need to provide 5 years of evidence the same way you did for the passport application.

The point I was making is that you didn't exercised treaty rights for 5 years before the birth if you failed to follow the rules and register for WRS when you changed employment in 2006. The passport office might have missed that and issued your child a British passport even though he is not entitled. The European Cases department might not miss that in the EEA4 application and only count your years from 2010. In that case, if you are not working, you will need health insurance for the family to cover you.

[vinny]

I had wrs, on the same basis my husband had eea issued.

When did you start working?
When did you initially apply for WRS? Did you apply within one month of starting work?
When did you receive the WRS?

If you were legally working at least 5 years prior to your baby's birth, then you had PR at the time of baby's birth and baby is indeed British.

[cancerionn11]

My bad, I should have mentioned that I had supplied my P60s for 2006, 2007, so on and where it was missing I provided the payslips for the end of financial year. May be that was all needed for the PP.
I started working in 2005 but did not register WRS until 2007 and since I failed to notify HO for the change of employment I re-applied for WRS in 2010(December).

I still have p60s for those years but there are 3 missing since that year.

Jambo & Vinny: I am grateful that you showed interest in this discussion.
Do I have to wait for WRS to finish 5 years before we can apply for EEA4.

[vinny]

After you received your initial WRS in 2007, did you work a full year for the same employer?

[cancerionn11]

After you received your initial WRS in 2007, did you work a full year for the same employer?

Unfortunately I worked only for 7 months that is why had to apply for another WRS when realised that I had to be at work or notify HO if I change employment within that first year.


But do we have to wait for WRS to finish 5 years. Also I have got another question if you guys don't mind me asking.
What are the minimum hours I have to do if I were to work part time?

[vinny]

To be legally working continuously, I think that you have to be on the appropriate WRS for at least one year, or until the WRS was closed. After that, you may be a normal qualified person.

Unfortunately, it seems like your 5-year qualifying period for PR started in 2010 (Dec), from the date of issue of your 2nd WRS.

Therefore, Jambo may be correct. If you did not actually attain PR prior to your child's birth, then your child is not yet British. However, child will be entitled to register your child as a British citizen after you have attained PR.

[cancerionn11]

Thanks for a prompt reply.

My issue is that I have a young child and I m still on maternity. Having my husband working full time I thought to stay home for a bit to take care of my son. This is why I wanted to apply eea4 now.

But is there a minimum number of hours to work to comply with excercising treaty rights?
Then I can go back to my work part time and apply eea4 next year ..

[cancerionn11]

Could somebody please shed some light on this.

[vinny]

Worker - The EEA national must be able to show evidence that they are in full-time or part-time employment, for example, copy of a contract, pay slips.

An EEA national can exercise free movement rights in the UK as a qualified person if they are doing genuine paid work, carried out under the direction of someone else, on a full-time or part-time basis.

See also
Case law on EEA migrant workers
Begum (EEA - worker - jobseeker) Pakistan [2011] UKUT 275 (IAC) (13 1uly 2011)
Shabani v Secretary of State for the Home Department (EEA - jobseekers; nursery education) [2013] UKUT 315 (24 June 2013)
Minimum earnings threshold for EEA migrants introduced.

[cancerionn11]

For all who helped in this. A Big THANK YOU.

As we have now received EEA4 and 3 for permanent residency.

[cancerionn11]

For all who helped in this. A Big THANK YOU.

As we have now received EEA4 and 3 for permanent residency.


But now I have other questions: Can my husband travel with me to my home country with me on PR stamp or do we need to apply for schenegan Visa?

Also do we still need to have insurance or my exercising treaty rights are not relevant anymore?