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holding EEA2/ and the EEA member want to cease exercise trea

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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lolooo
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holding EEA2/ and the EEA member want to cease exercise trea

Post by lolooo » Fri Nov 09, 2012 7:09 pm

Hello all guys .

i am married to EEA member first of this year (2012) and i came to uk on May and i recieved RC EEA2 on October , my wife now she wants to stop working , that means she will stop exercising her treaty rights which will effect on my situation automatically , and i hv to inform the HO about that , i dont know what decision the HO will make ? and can i switch to another law if my wife changed her statut because she has been living in the UK for 17 years and been working for 4/5 year ? if she apply for PR for example !!! , and another question pls how can i prove that we living together if i need that in future ?because there s is no bill contain both our names only her name. wht shall i do ?

thank youuuuu

Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Fri Nov 09, 2012 8:52 pm

One can exercise treaty rights in various ways. Employment is one. Self sufficient (living off saving/partner earnings) is another. See more Residence documents for European nationals. You don't need to inform the HO about change in the EEA activities.

If your wife worked for 5 continuous years in the past and didn't leave the UK for more than 2 years afterwards, she has obtained PR. if she wish (optional), she can apply for confirmation using form EEA3. If she had obtained PR, then she is not required to exercise treaty rights in order for your residence to be considered accrording to the regulations. In any case, you don't need to apply again.

lolooo
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Post by lolooo » Fri Nov 09, 2012 9:26 pm

thank you very much , Jambo for u reply
yes my wife she has beeing living here for more then 17 year and never left uk more then even 3 months and she has beeing working now nearly 5 years what the best and easist way should i do , and what EEA3 ?? and what will happen to my RC if she got her PR ??


Jambo wrote:One can exercise treaty rights in various ways. Employment is one. Self sufficient (living off saving/partner earnings) is another. See more Residence documents for European nationals. You don't need to inform the HO about change in the EEA activities.

If your wife worked for 5 continuous years in the past and didn't leave the UK for more than 2 years afterwards, she has obtained PR. if she wish (optional), she can apply for confirmation using form EEA3. If she had obtained PR, then she is not required to exercise treaty rights in order for your residence to be considered accrording to the regulations. In any case, you don't need to apply again.

Jambo
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Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Fri Nov 09, 2012 10:55 pm

If she wishes, once she has worked for 5 years in the UK, she can apply for a confirmation of her status as a permanent resident. The application form to use is EEA3.

Whether she applies for it or not, it will not have affect on your Residence Card. As long as she can prove that she worked for 5 years, you are covered regardless if she applies for EEA3 or not.

If she does apply for EEA3, then when you have been resident for 5 years and apply for PR yourself, she doesn't need to show evidence of employment but can use instead the PR Confirmation received following the EEA3 application.

Also PR Confirmation can be useful as proof when applying for British passport for future children (as children are British from birth if born in the UK to a parent who holds ILR/PR).

lolooo
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Post by lolooo » Fri Nov 09, 2012 11:17 pm

Thank you so much- Jambo I really appreciate your help and quick attention!
Jambo wrote:If she wishes, once she has worked for 5 years in the UK
, she can apply for a confirmation of her status as a permanent resident. The application form to use is EEA3.

Whether she applies for it or not, it will not have affect on your Residence Card. As long as she can prove that she worked for 5 years, you are covered regardless if she applies for EEA3 or not.

If she does apply for EEA3, then when you have been resident for 5 years and apply for PR yourself, she doesn't need to show evidence of employment but can use instead the PR Confirmation received following the EEA3 application.

Also PR Confirmation can be useful as proof when applying for British passport for future children (as children are British from birth if born in the UK to a parent who holds ILR/PR).

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sat Nov 10, 2012 12:10 am

yes my wife she has beeing living here for more then 17 year and never left uk more then even 3 months and she has beeing working now nearly 5 years
It is very likely that your EU spouse already has PR. Through some combination of working and studying and maybe being self-sufficient. It all depends on the details of the 17 years.

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