Evidence from EEA nationals for BC applications

[robertw]

Hi All,

I am not sure if I am getting paranoid but...

I've already applied for BC as an EEA national (I've been here for 6 years), but I am now re-reading the "Guide AN" booklet and it says on page 15 that apart from the passport and P60s we also need to send:

"Evidence of freedom from immigration time restrictions
• Your passport showing permission to remain permanently in the UK OR
• The Home Office letter by which you were given permission to remain
permanently in the UK"

I have neither of those as my understanding was that permanent residence was acquired automatically and that there was no need to apply for it (using EEA3) as long as the EEA national has been exercising Treaty Rights for 5 years.

Why are HO guidelines and application forms so inconsistent and confusing? It says one thing in one place and then something different in another place!

Thanks

[Jambo]

You are fine. The guide doesn't cover EEA cases well.

[JulesN19]

You should submit evidence that you were exercising treaty rights for a five-year period ending at least one year ago. You should also submit evidence that you have been in the UK for the last year. Payslips, P60s, bank statements, educational records, etc. may help show residence and exercising treaty rights.

It may help to briefly explain under "further information" (page 13 of the current version of form AN) how you exercised treaty rights for five years (and what you did to exercise those rights in the UK), that you consequently gained permanent residence at least one year ago, and that you have been living in the UK since then.

[robertw]

Hi,

As I said, I did inlude my P60s and this should be enough to prove exercising the Treaty Rights. The application form does ask EEA nationals how they have been exercising Treaty Rights, you just enter "Worker" and the dates (6 years) giving the details of the employers, you include P60s and that should be it. I do not see any point in including bank statements or anything else. If they want anything else, they will ask. So I do not have problem with proving Treaty Rights, but with their Guideline (AN) having confusing and inconsistent wording.

Thanks