EEA3 and EEA4

[aneesav]

Hi, I have some questions regarding applying for permanent residence as the spouse of an EU citizen. I was issued with a stamp in my passport in June 2003 for 5 years. I have a Kenyan passport. I believe that I can apply for permanent residence (using form EEA4) nearer June of this year. I have the following questions:

- I understand my husband does not need to apply for permanent residence. However, does it make the process easier and quicker if he were to apply at the same time as me?

- If he would apply at the same time (using form EEA3) to which address would we need to send both applications to? I know the postal addresses are on the front page of the forms but they each ask to send the relevant documents indicating either EEA3 or EEA4. Given that the documents we will be sending will apply to both forms, I am not quite sure where to send the forms to.

- During our residence in England, my husband has not been working for about 10 months out of the 5 years during which time we have not relied on any public funds but have supported ourselves using my income. I am slightly confused as to how this needs to be indicated on the EEA3 and EEA4 forms. That is, is this still regarded as a treaty right he was exercising i.e. as economic self-sufficiency, even though we were relying on my income? Would we need to indicate this within section 3.1 or 3.2 of the EEA3 form?

- Also, my husband will have been studying in Canada (undertaking a pilot training course - the school is owned by a bigger group of aviation companies registered in the UK) for approx. 6 and a half months of the 5 years. He has been back to the UK for 2 weeks between this 6 and a half months for the Christmas and New Year break. I assume that this may be taken to be an absence from the UK for an important reason (study) and therefore should not affect his period of continuous residence?

Any advice on the above would be most appreciated. Thanks.

[Directive/2004/38/EC]

The EU citizen does not need to be working continuously. It would be a problem if the EU citizen had never worked, but it does not sound like your husband is in that category.

Absences of more than 6 months in a given year can be a problem.

I sugest you read more about Directive 2004/38/EC from the link below.

[aneesav]

Thanks for this info. My husband has indeed worked for about 3 and a half years of the 5 years. Would we be able to complete the forms as economic self-sufficiency having been exercised during his time out of work even though we were reliant on my income? As far as I can tell from the the following link, http://www.bia.homeoffice.gov.uk/euciti ... ropeanlaw/
a single absence of upto 12 months does not affect residence. Does anyone have any additional information on this?

[Directive/2004/38/EC]

A couple of questions:
Why do you want to apply for permanent residence?
When exactly has your husband been working or studying and where?

[aneesav]

My 5 year right of residence stamp as a family member of an EU citizen exercising treaty rights expires in mid June this year. I wish to apply for permanent residence as we plan to remain in the UK for the foreseeable future and to then further apply for British citizenship. I have been working for the entire 5 years in England and have run my own business for the past 3 years.

My husband worked in England for the following periods (following issue of the residence stamp to me):
June 2003 to November 2004
December 2004 to November 2005
August 2006 to August 2007

Between December 2005 and July 2006 he was not working but living in England with me (apart from 3 months when he was travelling) and we were self-sufficient.

From the end of September 2007 to mid April 2008 he will have been studying in Canada (with a 2 week break inbetween to come back to the UK over Christmas and New Year).

[John]

I understand my husband does not need to apply for permanent residence. However, does it make the process easier and quicker if he were to apply at the same time as me?

In a sense neither of you need to apply for PR status. It happens automatically after 5 years of exercising EU Treaty Rights in the UK. This is thanks to the EU regulations that came into force on 30.04.06.

However that is not the end of the story, at least for you. This is because it is not only a question of you having PR status, but being able to readily prove that is the case. So yes, it will make sense for you to apply on form EEA4, and indeed your husband can also apply on form EEA3, and I think that he should. Your husband having confirmation of PR status will make it easier for him to get Naturalisation as British when he is able to do so.

Your husband's time outside the UK, and indeed the time in the UK when not working, I don't think all that would cause a problem. When in Canada training, was he being paid? By a UK company?

[aneesav]

Thanks for the info. John. Whilst in Canada, my husband is undertaking the pilot training course of his own accord and we are personally funding this. It is the first step in a career to being an airline pilot. On his return to the UK, he will continue with the next part of his training in Oxford (it was not possible for him to pursue the first part of his course in Oxford as they don't provide the first part of this training and other schools in the UK were much dearer and impractical regarding daily transportation there and back). The school in Canada he is at is however part of a group of companies offering training in various parts of the world, the main company which is registered in the UK.
Would you happen to have an idea as to how we would need to indicate the period of not working on the EEA3 and EEA4 forms? It is a bit confusing on the EEA3 form as would my husband be seen as exercising a treaty right as being economically self-sufficient even though we were relying on my income? Would we need to note this within section 3.1 or 3.2? Thanks.

[Directive/2004/38/EC]

Will your husband be working after April of this year? In which case he will be exercising his treaty rights.

If you have some savings, that you can instead apply as self sufficient. It does not matter where the money comes from (you or him or some rich uncle). You may need to show that you have (non-NHS) health insurance though, and I am not sure what that would involve in the UK.

You should read the Directive. Here is the part on Eligibility for PERMANENT RESIDENCE

3. Continuity of residence shall not be affected by temporary
absences not exceeding a total of six months a year, or by
absences of a longer duration for compulsory military service,
or by one absence of a maximum of 12 consecutive months
for important reasons such as pregnancy and childbirth, serious
illness, study or vocational training, or a posting in another
Member State or a third country.

4. Once acquired, the right of permanent residence shall be
lost only through absence from the host Member State for a
period exceeding two consecutive years.

[aneesav]

My husband will not be working after April but instead will be continuing with his pilot training course in the UK - I believe that this would still be classified as a treaty right i.e. as a student. I think we will get health insurance anyway to make sure that we have covered all options. I have read through the directive - thanks. I would think that his absence from the UK for just over 6 months should not affect his residence as it is for an "important reason" - vocational training.