EEA 4 & deceased spouse

[easye]

I am asking this for a friend.

He received a family residency card following he's mum n dad being married (one a british national and one an african national).

They got married in Ireland in 2001 and moved London shortly after. In 2006, the british spouse passed away but family still received 5 year family residency card in 2008 after completing EEA 2 form. Only received residency card in 08 as they had filled in the wrong form.

On the Family application in 08 was the son (20 yr old african national) and father (also african).

Before the death, parents where living together for at least two years and working in london.

They have come to realise that they can apply for PR now rather than wait till May next year when the residency card expires. Would this be correct?

Would you know what sections of the EEA 4 would have to be completed?

In completing the EEA 4, would the son (now 24 and married to a british national) be included as other applicant or would he have to complete an EEA form himself?

thank you

[Directive/2004/38/EC]

The application is for a card which confirms the PR that they already have or do not have.

If they have it, they can apply any time. The application is in reference to some 5 year period of time in the past.

When in 2006 did the spouse pass away?

Was the British citizen working in Ireland before returning to the UK?

[Obie]

You should be able to qualify under Regulation 15(1e) provided you can show that your son was residing with the worker in the two years immediating preceding the death of the worker. I hope this person was a working prior to his death as well.

You can write a cover not specifying the circumstance of you case and the relevant provision applicable, if the EEA 4 application don't make provision for this.