Advice requested for application for Permanent Residence

[PhilJ]

I am helping out a couple to apply for permanent residence (is that the new phrase for indefinite leave to remain?).
The wife is an EEA passport hoder and the husband non-EEA. They have been married for just over 5 years and the husband has a visa in his passport stating he has the right to reside in the UK as a family member of his wife. Can anyone tell me, is this equivalent to the residence permit that would now be applied for via form EEA2? If so then I assume that now he would only need to apply for permanent residence via form EEA4 (and if not then he would have to apply for both EEA2 and EEA4) - is this correct?

When I spoke to them today the wife did not remember if she had a residence permit (EEA1), but she definitely does not have permanent residence (EEA3). If she has neither and they both want to apply for permanent residence would they be able to submit all 4 forms (EEA1/2/3/4) together at the same time? If so would they have to provide a different photo for each form (I guess so?).

The wife, being Spanish and able to live and work without permanent residence, does not see the point in applying for permanent residence herself (although she plans on residing in the UK permanently), however I thought maybe it would help the husband with his application if she applies too as they would then both be showing their intention of residing permanently. Any thoughts on this?

I have read a few posts here where people have compiled extensive files for their applications on their married lives, such as bank account and financial details, photos and details of their home, postcards and letters sent to them both, air tickets for the both of them, etc, etc. Would this be recommended for such an application as the EEA1/2/3/4?

By reading through form EEA4 it would seem the only things that would be required are 2 photos of the husband, passports of both husband and wife, marriage certificate, proof of last 4 years of wife's job and proof of her current job (last 3 payslips). Is that it?

Doesn't the wife have to supply a photo?
Doesn't the husband have to supply proof of last 4 years of work and current job?

Advice on any of the above would be greatly appreciated.
Many thanks

[John]

Phil, you don't actually say how long the husband has been in the UK as a Family Member of an EU Citizen. Is that at least 4 years? Indeed is it at least 5 years? Can you clarify that please.

Are you aware of the change of regulations taking effect on 3rd April? If he has been in the UK as a Family Member of an EU Citizen for at least four years, but not yet five years, the applications must be submitted prior to 3rd April .... otherwise a wait until 5 years is up would be required before applying for Permanent Residence.

If he has been here at least 4 years, as you say, form EEA4 is the one he should use. The Spanish wife? She should also make application(s). We need to make sure what UK stickers she already has in her Spanish passport. I am assuming the wife has been in the UK exercising her treaty rights for at least 4 years? If that is the case she should apply for a Permanent Residence sticker using form EEA3, and if she has no UK sticker at all at present, the form EEA1 as well.

All applications being made should be sent in the same envelope.

[PhilJ]

Thanks for your reply John.
They were married in the UK over 5 years ago and have both been working since, so yes, she has been exercising her Treaty right.

You do not mention the husband applying for a Resident Document with EEA2 - is the stamp the husband has in his passport giving him right to residence as a family member the Resident Document?

The Spanish wife is going to let me know tonight what is in her passport but I remember they did say to me that she had had to apply for residence when they applied for the husband's right of residence as a family member - so I guess she must have a resident permit.

[John]

You do not mention the husband applying for a Resident Document with EEA2 - is the stamp the husband has in his passport giving him right to residence as a family member the Resident Document?

The EEA series of forms are relatively new so I would suspect that the strict answer is that the husband did not complete an EEA2, but instead its predecessor. But if someone in his circumstances wanted a Residence Permit in their passport now, yes the form EEA2 would be used. He has that sticker already so you clearly needs to just do the EEA4 now.

The Spanish wife is going to let me know tonight what is in her passport but I remember they did say to me that she had had to apply for residence when they applied for the husband's right of residence as a family member - so I guess she must have a resident permit.

I think that is right, I would expect her to have a Residence Permit in her Spanish passport. If that is the case she should use just the EEA3 now.

[PhilJ]

Great. That's really helpful.

Do you have any thoughts on whether they should compile a file showing their financial details, home and personal life? It is not asked for and it would seem excessive to me, especially as they currently have the right to remain in the UK.

I would imagine that after the expiry of the 5yr family member permit the HO would expect to next receive an application of permanent residence as a matter of course?

[John]

I would imagine that after the expiry of the 5yr family member permit the HO would expect to next receive an application of permanent residence as a matter of course?

Well no actually! They would expect that application to come after 4 years in the UK as a Family Member of an EU Citizen.

When does the current Residence Permit expire? It has not actually expired, has it?

[PhilJ]

It expires sometime later this year.

[PhilJ]

Nobody got any thoughts on whether they should compile a file showing their financial details, home and personal life, etc?