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EEA(PR): is it possible to combine different treaty rights?

Posted: Sun May 10, 2015 10:30 am
by robertw
Hi All,

Here is my situation:

I am an EEA citizen (A8 country), I came here in July 2005.
I got married to an EEA citizen (also from an A8 country) in December 2006.
I worked until Sept 2007.
In October 2007 I started studies (but had no CSI insurance), and in March 2008 I gave birth to my first daughter. Then from 2009 I worked again until 2012, when I gave birth to my second daughter, and I have stayed at home until now, looking after my second daughter.

Given the above, can I apply for permanent residence EEA(PR), given that:

From July 2005 to September 2007 I exercised treaty rights as a worker.
From December 2006 until now I have been married to an EEA citizen (who has always worked here), so that means I have been exercising treaty rights as a family member?

If my thinking is correct, I think that I acquired permanent residence status in July 2011, am I right? (12 month WRS period for A8 countries + 5 years continuous residence).
If so, do I indicate on the EEA(PR) form that I m applying BOTH as a worker and as a family member? The form seems to be designed to only apply via one of the routes and not both simultaneously?

Any advice would be appreciated.

Thanks

Re: EEA(PR): is it possible to combine different treaty righ

Posted: Sun May 10, 2015 10:46 am
by vinny
I agree. I believe from 15(1)(a), a combination is possible. If you were a family member of a qualified EEA national, then you didn't need to exercise treaty rights yourself too.

Re: EEA(PR): is it possible to combine different treaty righ

Posted: Sun May 10, 2015 4:50 pm
by LilyLalilu
Yes, probably easiest to just apply for PR as a family member and supply proof that your EEA spouse worked here for 5 continous years between 2006 and now.