EEA2 Application Process Advice

[chursy]

Hi

I am a British National who has just returned Having worked in Ireland and Malta for the last approximately 4 years. My wife ( Non Eu National) is currently on a family permit.

I have secured a job in Uk which i am joining next week. My Wife's family permit is due to expire in April 2013.

Few Questions

1) When should i apply for the resident card?

2) Also i read that if husband and wife have lived together for 4 years outside UK we can directly apply for the indefinite? Do i have this option for my wife?

3) After 5 years of RC , what exactly the permanent resident is that ILR? therefore my spouse would be eligible to apply for a passport after a year of ILR?

Would be grateful if someone can clarify for me please.


Many Thanks

Chursy

[Obie]

I believe the 4 years rule has now been squashed.

Your wife is better of staying under the EEA regulation, as i see no advantage of her applying under the UK restrictive immigration rules.
It fact it will put her in a worse situation, added to the fact that she will have to live the UK to make such application.

After 5 year of residence she will be able to apply for naturalisation as the Spouse of a British Citizen.

[chursy]

Thanks for your response.

When should i make the application for the resident card, i am only starting work this week. Would a month later be sufficient, i will have the payslip to support the application or do i need to wait until the Family permit expires.

Thanks

[Jambo]

1) Tomorrow.
2) ILE after 4 years of marriage has been abolished in July 2012.
3) After 5 years of residence in the UK, your wife would obtain PR status and can immediately apply for naturalisation as a British citizen (and if granted, apply for a British passport).

Your activities in the UK are irrelevant to the applications your wife make. It's your activities abroad that matter.

See Returning to the UK.

[chursy]

1) Tomorrow.
2) ILE after 4 years of marriage has been abolished in July 2012.
3) After 5 years of residence in the UK, your wife would obtain PR status and can immediately apply for naturalisation as a British citizen (and if granted, apply for a British passport).

Your activities in the UK are irrelevant to the applications your wife make. It's your activities abroad that matter.

See Returning to the UK.

Thanks for the above.

I have no problem in proving this i have evidence of resident cards issues in Ireland and in Malta in the last 4 years along with the employment contracts to support this. However i do believe the section 6 in the eea2 forms refers to the current employer in UK .

Now after 5 years when i have to apply for PR - I will have to prove the same again or just the fact that i have been in employment during the 5 year period? Also i read somewhere about the medical insurance for self sufficient applicants, is this relevant in my case?

[Obie]

I believe you should proceed with the EEA2 application if you so wish, and focus on providing evidence which attest to the fact that you lived with your wife in another EEA state as man and wife, and that you were exercising an Economic activity as a worker or Self-Employed person.

The rest is irrelevant for that application.

[Jambo]

However i do believe the section 6 in the eea2 forms refers to the current employer in UK .

Did you click on the link in my post? Because the exact same issue is discussed there.

Now after 5 years when i have to apply for PR - I will have to prove the same again or just the fact that i have been in employment during the 5 year period? Also i read somewhere about the medical insurance for self sufficient applicants, is this relevant in my case?

You don't apply for PR. It's the family member that applies for confirmation of it.

Same evidence as before (i.e. Ireland/Malta). Your activities in the UK are irrelevant. Medical insurance is not required in Surinder Singh cases.

[chursy]

I believe you should proceed with the EEA2 application if you so wish, and focus on providing evidence which attest to the fact that you lived with your wife in another EEA state as man and wife, and that you were exercising an Economic activity as a worker or Self-Employed person.

The rest is irrelevant for that application.

Apologies i meant to say that i have resident cards issues to my wife both in Malta and Ireland. Certainly can also provide evidence eg tenancy contract etc that we were staying in the same apartment. Would this be sufficient?

[chursy]

Thanks - ofcourse the family member will apply as i have a british passport.

Appreciate the help.

[logical_1]

In order to apply for naturalisation,does surinder singh cases have to wait another 1 year after obtaining PR or can they apply straight after recieving their PR?

[Jambo]

In order to apply for naturalisation,does surinder singh cases have to wait another 1 year after obtaining PR or can they apply straight after recieving their PR?

No need to wait. See the last paragraph in EEA FAQs - Common Questions - Read before posting - Surinder Singh.