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EEA4 application please help!!

Posted: Mon Dec 10, 2012 3:24 pm
by Angel55
Hi,
I am a non-EEA spouse of EU national. I'll become eligible to apply for Permanent Residency on 13th of June 2013 (our 5th wedding anniversary). My wife has already got her Permanent residency in January 2012 after continuously exercising treaty rights for 5 years. The problem is that she left her job in May 2012 (due to being bullied at work) and has not been employed since. She's also not been registered as unemployed and she's not been claiming any benefits. So my question is: Can the fact that she's not been a worker, job-seeker or student since May 2012 affect in any way my PR application?
I would be very thankful for any advice.

Posted: Mon Dec 10, 2012 3:37 pm
by Jambo
Once EEA national obtain PR status, he is not required to exercise treaty rights any more.

If she holds a PR Confirmation (following EEA3 application), you can provide her blue PR card as proof to support your application. Otherwise, proof of her exercising treaty rights for 5 years (sometime in the past) is required. It doesn't need to be the five years immediately before you apply.

Posted: Mon Dec 10, 2012 4:00 pm
by Angel55
Thank you Jambo very much for clarifying this :)

I was also wondering what would happen if my wife becomes a British national (in January 2013 it will be a year since she received her blue PR card) before I become eligible to apply for PR. Could I still use the EEA path to apply for my PR or would I have to follow the internal UK immigration law and apply for Indefinite Leave to Remain?

Posted: Mon Dec 10, 2012 4:05 pm
by Jambo
Her becoming British citizen won't change things. You can still apply using the EEA route. In fact, you can't apply for ILR unless you switch your visa to a spouse visa under the immigration rules.