Documents required with EEA3

[GermanyToLondon]

hi

I'm new to this Forum. I've looked through older posts to see if my question has already been answered but didn't spot it, apologies if it's been covered before.

As many others I'm an EU national preparing a permanent residency application. Thanks to this Forum I found out that I can still use the old EEA3 form. But I'm a bit unsure as to what documentation I will have to submit with that and anxious to make mistakes. The old guidance notes and form do not mention that one has to supply evidence of jobseeker allowance or housing benefit received or the like, does anyone know whether that's compulsory? (it was only two months in my case, but still).

And it appears that in the old form one only has to give evidence about the last 5 years rather than the entire period spent in the UK (section 7), is that correct? It would save me a fair amount of paper work if that's true and I would much prefer it.

many thanks to anyone who can advise!

[ohara]

You can see exactly what information is legally required for this application by reading the Home Office caseworker guidance, specifically pages 18 to 20: https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

As you can see there is no need to give information about any benefits claimed, nor your entire activity since you entered the UK.

All that matters is your 5 year qualifying period and your residence since the end of the qualifying period if it was some time ago.

Clearly you should try to provide as much documentary evidence as possible so you leave the HO no doubt that you were actually exercising treaty rights continuously for the qualifying period.

Is this the form you are looking at? https://dl.dropboxusercontent.com/u/128 ... ple_v2.pdf

The original EEA3 forms are a little outdated in their information, as a bit of the legislation has changed (the requirement for payment, CSI for self sufficient people etc). The form I have linked to above has been put together by members of this forum and is up to date with current legislation.

[GermanyToLondon]

hi
thank you for your help! Sorry about the slow response, I guess I didn't refresh the page properly

I've not seen the form you linked to. On the Free Movement blog they recommend using the relevant sections of this version together with the payment section of the EEA PR: http://webarchive.nationalarchives.gov. ... _06-14.pdf I was about to use that.

It looks to me like it could be the most recent EEA3 before the switch to PR. It's broadly similar but it requests information about any absences from the UK, whereas your form doesn't, which is interesting!

From what you are saying and I've read in the last days I now understand that one can choose any five year period when applying, not necessarily up until the current date. Either way I think I need to include the couple months of unemployment because including my study period seems too risky. While a student I did not have health insurance other than through the NHS. The requirement for comprehensive insurance was apparently only introduced after I completed my studies, but I've now read of applications from people who studied well before that rule was introduced having been rejected nevertheless because they didn't have additional insurance.

Is it not necessary then to provide information about periods of unemployment in order to prove continuous exercise of treaty rights? Or are you simply saying that I don't need to show receipt of benefits, but only continued residence in that period?

thanks again for the advice, I really appreciate you taking the time! The fog is slowly starting to lift

[noajthan]

hi
thank you for your help! Sorry about the slow response, I guess I didn't refresh the page properly

I've not seen the form you linked to. On the Free Movement blog they recommend using the relevant sections of this version together with the payment section of the EEA PR: http://webarchive.nationalarchives.gov. ... _06-14.pdf I was about to use that.

It looks to me like it could be the most recent EEA3 before the switch to PR. It's broadly similar but it requests information about any absences from the UK, whereas your form doesn't, which is interesting!

From what you are saying and I've read in the last days I now understand that one can choose any five year period when applying, not necessarily up until the current date. Either way I think I need to include the couple months of unemployment because including my study period seems too risky. While a student I did not have health insurance other than through the NHS. The requirement for comprehensive insurance was apparently only introduced after I completed my studies, but I've now read of applications from people who studied well before that rule was introduced having been rejected nevertheless because they didn't have additional insurance.

Is it not necessary then to provide information about periods of unemployment in order to prove continuous exercise of treaty rights? Or are you simply saying that I don't need to show receipt of benefits, but only continued residence in that period?

thanks again for the advice, I really appreciate you taking the time! The fog is slowly starting to lift

You can get into the head of the caseworker assessing and weighing up your case here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

You will need rock-solid documentary supporting evidence for your qualifying period of treaty rights.
It will not necessarily be the last 5 years.

If you rely on a period of jobseeking you will have to provide evidence of this - 'residing' in UK is not enough.
Be aware of time limits on jobseeking and also the somewhat controversial 'gpow' test.
Ref https://www.freemovement.org.uk/benefit ... 4-changes/

Yes, your PR clock will have stopped during any carefree student years which were not covered by:

• CSI;
  or a foreign EHIC;
  or a RC issued to you as a student in/before 2011;
  or cover from a kindly parent's foreign health policy that extended to you in UK;
  or (and its a longshot) unless you were sponsored as the dependent of a Union citizen who was exercising treaty rights in UK at same time as your studies;

[GermanyToLondon]

I do hope that I should be ok.. I was made redundant at the end of 2014 and registered as a job seeker in Jan 15 (very glad now I did this, seeing that the internal home office guidance requires this!). I had a job offer by mid Feb and started my current job at the beginning of March. Already at the time I was told at the job centre that as an EEA national I was only entitled to 3 months JSA max (which it appears might be in breach of EU agreements? Not that it matters much longer..

So I will supply the job centre registration document with the application. I suppose that means I should also supply evidence of benefits received after all.. that's the only bit that worries me. I've paid NI for several years before that and as a job seeker was entitled to receive some support, but given the political climate I'm concerned if it won't be used against me.

[noajthan]

I do hope that I should be ok.. I was made redundant at the end of 2014 and registered as a job seeker in Jan 15 (very glad now I did this, seeing that the internal home office guidance requires this!). I had a job offer by mid Feb and started my current job at the beginning of March. Already at the time I was told at the job centre that as an EEA national I was only entitled to 3 months JSA max (which it appears might be in breach of EU agreements? Not that it matters much longer..

So I will supply the job centre registration document with the application. I suppose that means I should also supply evidence of benefits received after all.. that's the only bit that worries me. I've paid NI for several years before that and as a job seeker was entitled to receive some support, but given the political climate I'm concerned if it won't be used against me.

As per my understanding, you are entitled to claim means-tested benefits. The acid test (under EU law) is whether you were a burden on the social assistance system of the country.

A short period of jobseeking followed by employment should be fine as long as you have good documentary supporting evidence: JC registration, application and interview letters, job offers & etc;
(yes, in HO's book, jobseeking is still firmly stuck in the 19th century).

Anyhow it sounds as if you probably have most of that.

[GermanyToLondon]

I have the JC registration and the job offer from my current employer, I don't have any records of other applications or interviews. But then the important bit should be the fact that I found a job, I hope! Will just have to give it a go, if that's not good enough I would have to wait another 4 years to apply for a PR certificate, no thanks

[GermanyToLondon]

oh dear, something else occurred to me while reading other posts. So the government made EEA job seekers ineligible for housing benefit in 2014? It seems not only I but also my council didn't know that because I did receive some support while unemployed.

It's not technically my fault that the local administration didn't comply with national policy but I wouldn't want to argue that with a case worker... I guess I will have to try to hide those payments by blacking out most of the concerned bank statements (which also show JSA which I do need to show)!? Not feeling too good about this

[Richard W]

oh dear, something else occurred to me while reading other posts. So the government made EEA job seekers ineligible for housing benefit in 2014? It seems not only I but also my council didn't know that because I did receive some support while unemployed.

I don't think that's true. What the government did do was to make new arrivals ineligible. You weren't a new arrival, and your unemployment was short enough that in EU terminology you were a worker throughout.

If you were paid in error, it's not your fault, and should be irrelevant for a DPRC application.

If you're still worried, find an old EEA3 form (possibly modified) that doesn't ask about benefits.

[ohara]

If you're still worried, find an old EEA3 form (possibly modified) that doesn't ask about benefits.

Or just use the EEA(PR) form and don't bother completing the benefits section at all, as it's not required.

[GermanyToLondon]

thank you both, that's reassuring. I'll only hand in evidence of redundancy and the job seeker registration then and leave out anything to do with benefits.

thanks again to everyone who commented