EEA3 application and current status

[kuen]

Dear Forum,

My husband and I are considering making an EEA3 application for PR in the UK and I would be very grateful if you could help us with the questions below.

For us, it all started with my husband becoming a student in the UK (and receiving a yellow registration certificate) and me being his dependant (with a blue regitration certificate). When he completed his Master's degree he applied for a blue regitration certificate on the grounds that he has completed a degree in this country. I was also issued a blue certificate as his dependent.

The questions are:

1) Can we only include him in the EAA3 application? (when he applied for his blue certificate after obtaining his degree, we had included him alone in the application, but the Home Office asked for my documents, too, and I was given a blue certificate without even putting my name on the application)

2) If the EAA3 application is refused for some reason, what will become of our present status of blue regitration certificate holders?

3) When applying, do we need to prove both that he has excercised a treaty right (as a student and employee), and residence, or the fact that he has been a student and an employee proves that he has lived in the country? (The appplication form suggests we need to prove both, but I want to make sure)

Many thanks for your help and have a nice day!

[Jambo]

I presume you are both A2 nationals.

Under EEA regulations, status is determined by actions and not applications. The HO just confirms your status.

1) It's your chice. EEA3 is confirmation of PR status (which is obtained automatically after 5 years exercising treaty rights).

2) if the HO refuses to confirm your PR nothing would happen. You can either re-apply or not. Your status won't change.

3) Both. Having a job in the UK doesn't mean you have been in the country for more than 6 months a year (the residence requirement).

See also Is EEA3 needed?.

[kuen]

Hi Jambo,

Many thanks for your help and explanations. Yes, we are both A2 nationals.

If I understand correctly, the reason why my husband can now make an EEA3 application on his own, and some years ago the Home Office insisted on including me in the blue certificate application, is that now he would be simply applying for the confirmation of a status he has already acquired, while before he was asking to be given a certain right?

At present, I am not too keen on applying along with him because I have a long absence of 8 months within a year from the UK and even though it was due to giving birth, I am afraid it might impede his application, too. If we go ahead with the PR application for him alone, will I be able to apply myself a couple of years later by proving 5-years residency only (and not exercising of treaty rights) as his spouse? (Judging by the form, I think the answer is yes, but I would appreciate a confirmation).

And a question which is rather practical, but I hope somebody might have some information. In the past, we used to live in a shared house and we used another, secure address for all important documents. So now, my husband's P60 forms state the actual address where we used to live, and the bank statements - the other address. Would this discrepancy be a problem?

Many thanks for your help and time, they are much appreciated.

[Jambo]

If I understand correctly, the reason why my husband can now make an EEA3 application on his own, and some years ago the Home Office insisted on including me in the blue certificate application, is that now he would be simply applying for the confirmation of a status he has already acquired, while before he was asking to be given a certain right?

Don't really know why they insisted on your documents. As you correctly stated, A2 nationals have some restrictions with regards to employment. It could have been they wanted to confirm your status to make sure he is issued with the correct document.

At present, I am not too keen on applying along with him because I have a long absence of 8 months within a year from the UK and even though it was due to giving birth, I am afraid it might impede his application, too. If we go ahead with the PR application for him alone, will I be able to apply myself a couple of years later by proving 5-years residency only (and not exercising of treaty rights) as his spouse? (Judging by the form, I think the answer is yes, but I would appreciate a confirmation).

A break in residence upto 12 months to give birth is allowed. You should not worry about that but if you wish to apply later, you would only need to prove residence.

And a question which is rather practical, but I hope somebody might have some information. In the past, we used to live in a shared house and we used another, secure address for all important documents. So now, my husband's P60 forms state the actual address where we used to live, and the bank statements - the other address. Would this discrepancy be a problem?

I'm not a big fan of bank statements to prove residence for 5 years. Too many pages. There are other evidence you can provide. You can also ask the employer to write a letter confirming your husband has been working in the UK office apart from X number of holiday/business trips a year.

[kuen]

Once again, many thanks.