Help Needed With EEA Application

[hml18]

Hello,

I'm a self employed Portuguese male and I want to submit an EEA application for my Nigerian spouse for right of residency. She's presently in the UK with me on a 2-year visiting Visa of which she's stayed 9 months.

I relocated to the UK in October 2011 and got married in December 2011 to her in absentia in Nigeria (allowed under EU laws I'm led to believe).
I've been self employed since November 2011 and I paid all the required taxes and NI contributions in April and obtained all the necessary paperwork from both the HMRC and my accountant. We also have a joint life insurance policy and the tenancy agreement is in both our names.

1. What other documents do I need to make this application?
2. How many months bank statements do I submit if any?
3. Do I need a proof of address for her too?
4. Does the 18,600 threshold earnings apply to EEA nationals?

Cheers

[Englandd]

Yes you can support the EEA2 application but that type of marriage in absentia will unlikely be accepted or if accepted then may require some further evidences. £18600 income does not apply to EEA route applications. Moreover, your HMC contributions and accountant letter is fine but if you have got the bank statements showing actual trading activities then it will be much better as because it can be asked by caseworker.

[Jambo]

a 2-year visiting Visa of which she's stayed 9 months.

A 2 years visit visa doesn't allow you to stay for 2 years. If allows you to visit during those 2 years without the need to apply for a visa for every visit. Normally, a visitor is allowed to stay up to 6 months in a 12 months period.
Her stamp in the passport should indicate how log she is allowed to visit.

The reason I'm asking is that if your marriage is not recognised, you might need to apply as unmmarried couple assumig you have been living together for two years (doesn't need to be in the UK).