Question about EEA3 application, need some help!

[ro888]

Hi,

I am now filling the EEA3 application for myself and my family. We are Portuguese nationality.

I will be the main applicant and my wife and son would be the family members. I have been working in UK for more than 5 years. However, I am a bit confused by the EEA3 form.

The first three sections are:

1. Applicant's details
2. Family members included in your application
3. Your EEA national family member who is exercising treaty rights

*http://www.ukba.homeoffice.gov.uk/sitec ... /eea31.pdf

1. As far as I understand, I should fill up my detail onto section1 and my wife and son's detail on section 2. What about section3, what is it for?

2. For my wife and son, will they need to submit their individual documents as a proof of exercising treaty rights? Such as my wife's payslip or my son's school letter.

[Jambo]

1. As far as I understand, I should fill up my detail onto section1 and my wife and son's detail on section 2. What about section3, what is it for?

You don't need to fill in section 3. Section 3 is only needed in case the EEA national exercising treaty rights (you) is not applying but since you are applying, leave it empty. From the EEA3 form, section 3:

You must only complete this section if you are the family member of an EEA national who is exercising Treaty rights in the UK and they have chosen not to apply for a document certifying permanent residence at this time.

2. For my wife and son, will they need to submit their individual documents as a proof of exercising treaty rights? Such as my wife's payslip or my son's school letter.

There is no need to provide proof they have exercised treaty rights if you provide yours. You all need to provide proof for 5 years of residence in the UK (such as school letter, utility bills, P60, tenancy agreements etc).

[ro888]

1. As far as I understand, I should fill up my detail onto section1 and my wife and son's detail on section 2. What about section3, what is it for?

You don't need to fill in section 3. Section 3 is only needed in case the EEA national exercising treaty rights (you) is not applying but since you are applying, leave it empty. From the EEA3 form, section 3:

You must only complete this section if you are the family member of an EEA national who is exercising Treaty rights in the UK and they have chosen not to apply for a document certifying permanent residence at this time.

Thank you so much for your reply. It's very helpful.
2. For my wife and son, will they need to submit their individual documents as a proof of exercising treaty rights? Such as my wife's payslip or my son's school letter.

There is no need to provide proof they have exercised treaty rights if you provide yours. You all need to provide proof for 5 years of residence in the UK (such as school letter, utility bills, P60, tenancy agreements etc).

[ro888]

However, would my family still need to provide any kind of evidence to prove they have been living in UK for 5 years?

[nonspecifics]

From Jambo's post:

"You all need to provide proof for 5 years of residence in the UK (such as school letter, utility bills, P60, tenancy agreements etc)."