HELP! EEA confusion section 3.1 /3.2

[countryhubby]

Hi

Any help appreciated. Filling in the above form for EEA(pr) March 18 2016 for my wife to gain permanent residence. (So as to go for UK citizenship)

My wife and I have been married for over 7 years and living in the UK the whole time. As a EEA National she does not need the above only but for the UK Citizenship route.

I have come across some confusion as to what parts to fill in .

I selected Section 3.1 "i've lived in the uk for a continuous period as a EEA national qualified person, the family member or extended family member of a qualified person, or a combination of these."

Sections - 5,9,16,17,18 and 19.

Under section 3.2 I have selected option section 11. "spouse, cival partner, or unmaried or same sex partner of the sponsor.

At the bottom of section 11 it states - section 16 or section 17 " Section 17 if your sponsor is a British citizen OR section 16 in all other cases.

Why does it say in section 3.1 to fill in sections 16 and 17 yet when filling in section 11 it states at the bottom to fill in section 16 or section 17?
Am I reading this wrong or chosen the wrong section?


--( Background to my situation)
My wife is from within the EEA - My full time carer - (carers allowance), I receive DLA, Housing benefit,council tax benefit, severe disability allowance and ESA.

I am British and UK born,

Any help appreciated. - Sadly I should have applied for UK citizenship prior to 2015 and could have saved filling in this form!

[noajthan]

Wife still needs to be exercising treaty rights or else have PR in order to reside in UK. So confirmation of PR is not just for the privilege of citizenship.

Your wife has to apply in her own right.
As a BC you cannot be wife's sponsor (except in a special case if you have taken the Surinder Singh route).
This is because BCs are not (normally) recognised by HO as being EEA nationals; (this is UK law even before Brexit).

EEA spouses who are also carers are in a tricky position and you may need specialist advice on this.

Suggest contact Aire Centre.
See http://www.airecentre.org/data/files/re ... s-2014.pdf

See also related cases:
http://www.immigrationboards.com/britis ... hilit=aire
&
http://www.immigrationboards.com/eea-ro ... hilit=aire