help completing EEA3 section 6

[alisha_z]

Hello,

My partner (EEA national) is currently applying for EEA3; she has lived in the uk with me for over five years but as she has worked here for only three years, she is applying as my family member – I am an EEA national with five years of continuous employment. We have a question about how to complete sections 6.1 and 6.2 of the form and would very much appreciate some advice. Section 6.1 requires the applicant to:

"show the way(s) you/your EEA national family member has exercised Treaty rights for the past 5 years and give relevant dates".
Whose details need to be filled in here, my partner’s or my own?

Second, section 6.2 says:
"If you/your EEA national family member did not exercise Treaty rights for some or all of this period but was supported by the employment or funds of a family member [...], please give details below.”

Does my partner need to mention her three years of employment in this section explaining that for the remaining two years she was supported by me? Or should she leave it blank instead, assuming that it concerns my own employment history (which has been without breaks)?

[nonspecifics]

She is relying on your exercising treaty rights for the full five years, so:

6.1 would be the dates of your five years of work.

6.2 leave blank.

6.3 list all your work history.


However, you could include her proof of employment for three of the years as supporting documents as part of the proof she has been resident for the five years. You can use letters, bank statements, council tax bills etc to prove the other two years of her residence.

She has to prove you exercised the treaty rights; prove she is your family member and prove she has been resident for five continuous years.

Thus, I would also write a short cover letter explaining that though she is an EEA national she is also partner to an EEA national, so she is applying as a family member of an EEA national who has exercised the treaty rights for five continuous years. Just in case they get mixed up and judge it on her three years of work.

[Jambo]

You should tick the first box in the application and follow the instruction which says:

Please tick this box only if you are applying as the family member of an EEA national who is exercising Treaty rights in the UK but who is not applying for a document certifying permanent residence at this time. Please complete section 1 and 2 with your details and those of any family members also applying on this form. Section 3 and 5 should be completed with details of your EEA national family member who is exercising Treaty rights in the UK.

There is a mistake in the form - it should say "Section 3 and 6 should be completed with details of your EEA national family member who is exercising Treaty rights in the UK" so section 6 should be the employment details of you (who worked for 5 years). The employment activities of your partner is not relevant as she is applying as a family member. 6.2 doesn't need to be answered (as you worked for 5 years continuously).

BTW - Have you been issued a PR Confirmation following a EEA3 application? If yes, that would save you sending all the employment evidence.

[nonspecifics]

If you don't have a document confirming you have acquired PR, maybe you would be as well to apply together, as you have to send the form in anyway.

As Jambo points out, having PR confirmed means not having to prove five years of exercising treaty rights. It also means you are free from the need to exercise treaty rights in the future.

[Jambo]

The OP seem to be a BC alreadyso not need to apply for PR Confirmation if she hasn't got it yet.

[fysicus]

If you have no non-EEA family members, why bother about getting any (permanent) registration certificate, especially when there are some 'issues'?

It makes no difference in any daily life situation.

You have the right to live and work in the UK without restrictions, use the NHS, etc., simply on the basis of your EEA passport.

[alisha_z]

That's great, thank you very much!

nonspecifics, that's very clear, thanks. Yes, we are including a covering letter explaining the basis for applying and all the documents enclosed to avoid any confusion.

Jambo, thanks for pointing this out, things would be a lot clearer if this had been corrected.

I am indeed naturalised, so I'm supplying the Home Office reference number issued for my BC application as that's requested in the form. Do you think I don't need to send in documents certifying my employment history as that's all on file?

fysicus, there is currently some uncertainty over the the future stability of the EU, so my partner and I think it's safer to apply as we currently have this option.

[Jambo]

If you have applied directly for BC without going through EEA3 application, then I suspect you might need to send your evidence again. Although the HO might have it all on file, they would probably want to see some evidence of your status.