wife is dual national from her birth

[khan.789]

Well my wife is dual British and European from her birth,when i applied for eea2 the regulation wasn't changed so i was granted with eea2 last year,my wife she lived in another Europe state till she was 7 years old but she never worked or been self employee in another European state..what i am worried of is when i will apply for eea4 what will happen?
Proper advise will be really appreciated.

[Jambo]

Better to stick to one thread and not open a new one for every question.

If you have applied before the rules have changed last year, then you will be treated under the previous rules. Your wife will need to exercise treaty rights for 5 years as she is treated EEA national for the purpose of PR.

[khan.789]

Thanks for reply,but they ask in eea4 if you are a British national also, is it a trap?they also put surinder sing in eea4..
what document are required for showing treaty rights as job seeker?just a application for job will be enough or letter from company you applied the job in .

[wiggsy]

ensure your wife writes a covering letter, and yourself clearly outlining the case should be treated on the old rules, as this is when your RC was initially granted when it comes to PR.

DO NOT LIE ON THE APPLICATION...

if they turn you down on the basis of your wifes BC then take it to judicial review... simple.

the rules do not apply retrospectively...

[wiggsy]

Thanks for reply,but they ask in eea4 if you are a British national also, is it a trap?they also put surinder sing in eea4..
what document are required for showing treaty rights as job seeker?just a application for job will be enough or letter from company you applied the job in .

she is a job seeker in the uk or?

she has to register with the DWP (basically put a claim for JSA in) if you earn more than the prescribed benefit, then nothing would be payable, but she has documentation that she is a worker.. (a job seeker is a worker).

she needs to work BEFORE going onto jsa too, otherwise she wont be in the "worker" category...

basically, your wife came on the old rules, as a EU citizen, not BC. - was shee a student ETC in europe...

i supoose it wouldnt be hard to get some case law added that BC excersised treaty rights by studying in europe... and therefore a new case in addition to surinder singh added...

[khan.789]

Well she was 7 years old when she moved back to UK she went for schooling in Europe but it was private,we just got have a report case from that school..
One more thing is going on in my mind which is when i applied for eea2 my wife was working while application was proceeding she turn in to student ,my solicitor in first place didn't tell she needs comprehensive sickness insurance than i found through one of my mate that i actually require CSI For her,i think there is about a month or 2 gapp where she hasn't got sickness insurance ,is it matters?
What you meant of new case in addition to surinder sing added ?

[Obie]

You should have continued here Why opening multiple thread.