EEA husband + EEA wife permanent residence applications

[tophat]

Hi all,

both my wife and I are EEA nationals living in UK (and married) for more than 5 years.
- I have been working in UK since we arrived together in UK those many years ago,
- and my wife has been taking care of our young children (so she hasn't worked during these years -- I know, raising children is a full-time job, but I don't think the home office would view this as such).

We were about to submit the EEA(PR) form (https://www.gov.uk/government/publicati ... orm-eea-pr) to obtain permanent residence certificates, but I'm a bit confused about which sections we should fill, especially because in the payment details there's an option for "Main applicant and one family member". My children all are UK citizens, so I'm not considering them further.

Because she doesn't work, I wonder (a) if she needs me as her EEA sponsor, or (b) if we should apply independently.
- If (a) is the right answer, I wonder which sections I need to fill and which sections she needs to fill. We probably both need to fill sections 1 and 3 (applicants details and about) twice, once for me and another for her. She then would fill sections 2 (sponsor) and 11 (spouse). Do we both need to fill sections 5 (residence in UK), 9 (EEA national's activity), 17 (personal history), 18 (documents), 19 (declaration) or only me? Of course, I still expect to pay for 2 applications, choosing "Main applicant and one family member" in the payment details.

- if (b) is the right answer, then I suppose we both need to fill all the sections, but not 2 (sponsor) nor 11 (spouse), since we will be applying independently. I guess we can share the documents proving residence in section 5. In this case, I would use the option "Single applicant - no family members" in each of the independent applications. I think this would be the straightforward way to apply, but since she hasn't worked in UK for all these years we've been living here, I'm not sure if she can claim Treaty Rights and apply independently from me.

Which is the recommended route, which would be correct and hopefully simplify the number of pages and documents to be sent?

Cheers,

[mividini]

Hello, I'm on the same route as you now.I start searching for answers because its a lot of information and I wouldn't like it to make mistake filling the form. I see that nobody has answer to you in this tread and it's been awhile since you post it, so finger crossed you have the PR document by now. Please if it is OK whit you, I'll appreciated it allot if you share how you chose to fill the form in the end. I have the same worries as you about what sections to fill. Thank you in advance!

[ohara]

As you are both EEA citizens, you can make your lives substantially easier by having a look at this form instead: https://dl.dropboxusercontent.com/u/128 ... ple_v2.pdf

Fill in YOUR details in section 1, as you are the main applicant. Fill in your partners details in section 2.

Pretty much the whole rest of the form will be relating to you and how you have exercised treaty rights etc.

[mividini]

As you are both EEA citizens, you can make your lives substantially easier by having a look at this form instead: https://dl.dropboxusercontent.com/u/128 ... ple_v2.pdf

Fill in YOUR details in section 1, as you are the main applicant. Fill in your partners details in section 2.

Pretty much the whole rest of the form will be relating to you and how you have exercised treaty rights etc.

Thank you for your post!
I admit that i'm scared to use a different form as much as I want to. I fear that the HO will reject the application. I already fill out the new form - 1 form for my husband as a main applicant and me as a family member , just waiting for translation of our marriage certificate to be ready and need to take photos and send it. It is a huge amount of papers - we order everything in different files for me and my husband for each year in separate files from 2008-2016 general letters from different sources - hospitals, HO, UTR,NI , p60s, banks statements, Tax calculations, work contracts , references etc. In different files we put ours Bills, tenancy agreements, tax credits etc . We tried to make it as much easier for HO officer who will be dealing with our request. Fingers crossed that there will be no further requests from them and no rejection . I found the form much complicated and a bit confusing so I do hope I filled it all correctly.

[ohara]

Thank you for your post!
I admit that i'm scared to use a different form as much as I want to. I fear that the HO will reject the application.

Home Office internal guidance Processes and procedures for EEA documentation applications - https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

Pages 18-20:

An EEA(PR) form can be used to submit an application. However, you must not refuse or
reject an application because it is not on the right form. A letter requesting a document
certifying permanent residence or permanent residence card, or an application made on one
of the previous forms (EEA3 or EEA4), is acceptable as long as:
 the correct fee is submitted with the application
 the applicant gives their biometric information if they are a non-EEA national applying
on or after 6 April 2015

Legally they cannot reject the application for being on an old form as long as the necessary information and payment is provided. You could even apply on a letter (but the form I linked to is easier unless you're very confident what you're doing).