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EEA1 and EEA 3 applications supporting EEA4

Posted: Tue Aug 21, 2012 1:29 pm
by Fennicus
Hello all

I'm just gathering docs to my non eu husbands EEA4. I(eu nationality) have lived permanently in UK since 1999.
We got married 2007 and our solicitor applied for the residence cards for myself and my husband (eea1 eea2) which we received that year.

Since I'd already well qualified for permanent residence in 2007 why didnt the solicitor get me to apply for the EEA3 instead of EEA1?
Or do you always have to apply for EEA1 first before EEA3?

I'm just little confused now because I want to make the application of my permanent residence from years 2004-09 and would like to find out if this will make any difference with the residence card being issued 2007?
(the reason for years 04-09 is that I was in full time employment and sufficient proof instead of years before and after being more difficult to prove about working)

thanks guys! :)

Posted: Tue Aug 21, 2012 1:37 pm
by Lucapooka
You are eligible to apply for EEA4 after spending five years in the UK as the non-EU partner of an EU national. You say you were married in 2007, which might indicate the beginning of your five year residence period. However, you seem to want to claim a period beginning in 2004, so what was your status (with regard to your partner) in 2004?

Posted: Tue Aug 21, 2012 1:44 pm
by Fennicus
I am the EU national and I have lived in uk since 1999 which means I qualified for permanent residence year 2004.
I met my non eu husband 2006 and we have lived together since then.
My question was why did the solicitor get me to apply for eea1 even though I had already qualified for permanent residence (eea3)?
or do you have always have to apply for eea1 before eea3 even though you have been for years?

Posted: Tue Aug 21, 2012 1:54 pm
by Lucapooka
You could have applied for EEA3 directly. There is no requirement to have previously been granted a registration certificate.

Posted: Tue Aug 21, 2012 2:17 pm
by Fennicus
Ok, so in this case it was a 'error' done by the solicitor, not that it matters too much but thought i'd get clarification.
Should I include the residence card with the EEA3 application? Will they get confused of my application of permanent residence status received 2009 even though I have the registration certificate issued 2007?
I am going to write a cover letter explaining why I am applying for pr from years 2004-2009 (reason being I have best proof from those years of exercising treaty rights)

Posted: Tue Aug 21, 2012 2:34 pm
by Jambo
The Residence Certificate is not required.

It's good to add the cover letter as this is not a standard application (because of the dates) so better to make clear what you are after.

You will also need to provide evidence you have not left the UK for more than 2 years since 2009.

Posted: Tue Aug 21, 2012 2:43 pm
by Fennicus
Great, thanks very much. No, havent been away more than 3 weeks since I got here 1999!