EEA4 query - treaty rights

Hello everyone,

I'm EEA married to non-EEA national. We applied to EEA2 for my wife in January 2006 and it has expired January 2011. We want to apply for EEA4 but I have questions about treaty rights:

I've been a resident in the UK since 1994 but never applied for a resident card until 2006. I worked and paid taxes and NI contributions all the time I've been here. But in 2009 I suffered an accident at work and was laid off soon after. I claimed JSA for 8 months and, as my health was getting worse, ESA for the rest of the time afterwards. My wife as been taking care of our daughter born in 2008. I didn't have a choice but to claim benefits as I needed to keep food on the table. I am now better and want to go back to work asap.
Now, since I never got my PR status confirmed, will the fact that I've been on benefits go agaist my wife's application for PR via EEA4 form? Or have I still been exercising my treaty rights?

Any advice would be greatly appreciated.

Thanks in advance

PS - Seperate question but still OT, anyone know if I can add my nearly 3yo daughter (EEA national born in UK) to my EEA3?

If you have worked for more than 5 years, then you have probably obtained PR before 2009. Have you got p60's to cover that period? You will then need to provide evidence that you have been still resident in the UK from that point (as PR is lost if you are out of the country for more than 2 years).
You can apply using EEA3 together with your wife EEA4.

There is no much point applying for EEA3 for your daughter. She won't get a PR as she has not been in the UK for 5 years.... and it doesn't really have any affect on her being EEA national herself.

Hi Jambo, many thanks for the reply.

I've got letters from HMRS showing I've been continually working since 1994.
I kind of remember having a residents permit back in 1996 or thereabouts (a blue card that foldeti n 3 parts) but I never applied for anything else until 2006 when I filled in an EEA1 for myself and an EEA2 for my wife.
I thought that, in order to be entitled to PR via EEA3 (for myself) or EEA4 (for my wife), I would have to show proof of treaty rights from 2006 only (the time we got a resident card). Would the time before 2006 count if I could show I've been residing and working full time in the UK?

Thanks again for the help.

Also, just to add to my confusion about the system, last time we entered the country as a family (last July after a 12 day visit to Portugal to see my sick mother) we got a horrible time with the ukba officer checkingl our passports. It got to the point when it was suggested that my wife was trying to enter the UK illegally as her visa had expired in January and she ended up allowed to get in with a 6 month visa to sort things out.

You need to remember that your rights in the UK are from being a member state citizen and are not derived from any document the HO produce. The HO just confirms your right based on the evidence you provide them. They have no knowledge of your activities in the UK. You can apply for EEA1 and the next day for EE3 as long as your can provide the relevant documents (i.e. 5 years).

If you can provide evidence from 2004-2009, that would be the easiest as then you only need to provide proof you were still resident in the UK since 2009 (a council tax bill, utility bills). I would also suggest you attach a letter detailing your history in the UK and stating that you have acquired PR status already and that you attach proof for the years 2004-2009. Apply for your wife EEA4 at the same time (same envelope) for the year 2006-2011. She will just need to provide proof of residence for that period (utility bills or P60 for that period) along with the other documents listed in the form.

As for as the incident at the airport. Unfortunately, the UKBA border staff still need to be educated about the rights of EEA nationals and their family member. He did not "allow" her in for 6 months, he had to let her in. Any thing else, would have been illegal.

in my opinion just write to hrmc and request your employment record history that should be enough to show the ho that all along you have been exercising your treaty rights and that you have already have a pr rights
i hope that helps

You probably acquired PR in 2006.

Thank you all for the replies.

I don't have P60's for the previous years but I got a letter from hmrc that shows my employment records all the way back to 2002. And another with earlier records. I believe that should be enough?

Do I also have to offer proof of address for that time? I'm not very good at keeping old bills, etc but I got council tax bills going back to 2005. Would a couple of bank statements for each year (lets say January and December to show continuity) be enough proof? I can order some from my bank.

Thanks again for your time and help.

Sounds OK. Worse case, the UKBA will write to you if they need more proof.