non-EEA wife and EEA husband with a permanent employment in the UK

[Anastasia_123]

Dear all,
I am about to apply for the residence card as a family member of the EEA citizen. My husband holds a permanent employment in the UK, while I m about to undertake employment (under my family permit visa). He can provide all the letters concerning his employment, qualifications and of course our marriage. But he does not want to apply for any residence card for himself(this is the whole separate story regarding why). However, I still do have a couple of questions about my application before I would send my docs in.
1) As unfortunately we are going to commute between two cities(both are academics), I believe it would be best to be honest about this in the application. But the question is: what documents appear to be most useful/effective proving that our marriage is genuine? We are married for over 4 years now, but together almost 10. (goes without saying we have a million of pictures of us going on vacations, meeting family, and so on.)

2) Is my husband actually required to apply for any residence card in parallel with me?
3) Should I include any qualification proving certificates showing that both of us are highly qualified?
4) I currently hold a residence card from Germany. Should I include a copy of it as well?

I would greatly appreciate any input on this.
Thank you in advance and best regards,
Anastasia

[Richard W]

Dear all,
I am about to apply for the residence card as a family member of the EEA citizen. My husband holds a permanent employment in the UK, while I m about to undertake employment (under my family permit visa). He can provide all the letters concerning his employment, qualifications and of course our marriage. But he does not want to apply for any residence card for himself(this is the whole separate story regarding why). However, I still do have a couple of questions about my application before I would send my docs in.
1) As unfortunately we are going to commute between two cities(both are academics), I believe it would be best to be honest about this in the application. But the question is: what documents appear to be most useful/effective proving that our marriage is genuine? We are married for over 4 years now, but together almost 10. (goes without saying we have a million of pictures of us going on vacations, meeting family, and so on.)

Official letters addressing you as a couple seem to be the most effective. A long sequence of photos showing that you have been a couple for a long time would also help add to the credibility of your marriage.

2) Is my husband actually required to apply for any residence card in parallel with me?

No. Incidentally, what he would apply for is called a 'residence certificate', not a 'residence card'.

Applying together, though, could enable you to keep your passport throughout the application process. However, you can still request your passport back, but I am not sure you will get it back if your family permit has expired. (A few years back the Home Office was retaining passports if applicants who had no longer had documents showing the government agreed that their presence in the UK was legal. I have not heard of it recently, and the policy may have been unlawful.)

3) Should I include any qualification proving certificates showing that both of us are highly qualified?

No. It does not show that your marriage is not a marriage of convenience, and your ability to work is not at all relevant to this application. Indeed, yours might even encourage a cynical case worker to form the view that you were following your husband to maximise the income from your qualifications.

4) I currently hold a residence card from Germany. Should I include a copy of it as well?

It may be worth including it, either as evidence that you did not need to come to the UK to work, or alternatively as evidence that Germany had accepted that you were your husband's partner.

Be warned, though, that I have no relevant direct experience of what the Home Office accepts.