PR for EEA & non-EEA Spouse: One Form?

[Danlieb]

Hi there,

I know an EEA national applying for PR can include the Non-EEA spouse in their EEA(PR) application form. We are currently in this situation.

However, there are certain extra sections to be filled in for the non-EEA spouse where the pronoun used is "I" and can be misleading since "I" refers to the main applicant (the EEA national).

For instance, on p.24:
3.2 If you are (or anyone applying with you is) applying on the basis that you/they are a family member during the qualifying period, tick the relevant box(es) below and complete the relevant sections(s) as directed.
[ ] I am or have been the spouse civil partner, or unmarried or same-sex partner of the sponsor. Complete section 11.

Another instance, on p.58:
Section 11 - Spouse, etc. of sponsor
Complete this section if you're applying for a document certifying permanent residence or permanent residence card because you are (or were) the spouse, civil partner, or durable partner of the person named in section 2 of this form (your 'sponsor').
11.1 Please tick which applies to you:
[ ] I'm currently the spouse or civil partner of the sponsor. Complete all subsections (A to E)

We don't need to fill in Section 2 (Your Sponsor's Details) since the main applicant is the sponsor and their details are in Section 1. So there was no one named in Section 2, but you still have to tick the above box referring to the person name in Section 2.

Could anyone clarify whether it's okay to send the one form or whether it's better to send two forms in the same application. Thanks

[CMOS]

Same situation here.

I am thinking of filling in the section 2 (sponsor data) just in case. It shouldn't do any harm because technically, I am (as an EEA national) my own sponsor. No logical contradiction here... Also, I think that a non-EEA spouse needs to complete the section 11 because the description mentions "anyone applying with you".

But of course it's best to wait for an answer from someone who knows for sure.

Meanwhile, a couple more observations.

Same form
https://www.gov.uk/government/uploads/s ... _03-16.pdf

Section 5
It is mentioned, that "If you’re including any family members in this application, make and complete a copy of this section for each family member, enclose it with your application, and clearly write the name of the family member in the space provided."

When I fill in the data for the question 5.3 (page 28, absences from the UK, i.e. other countries visited, in the qualifying period) I fill in the first table (You), but my wife needs to fill both tables (You and Your sponsor) where the second table is exact copy of my first table. I understand that it is safer to put the same data in twice, but do you think it would be acceptable to just link to my first table instead? Or I should not fill in this section myself, and just let my family member(s) fill it?

A clear definition of a family member in the scope of this form would help. For example, in the Personal Details section on page 8 you are asked to give the number of non-EEA family members included. In my case that's 1.

And the silly one.
What is considered to be ones full name?
For example, in the payment section (page 6), there is one text field called "3. Full name as given in your passport or travel document". No doubt this should include the surname. Similar on page 8.
Yet on page 15 you can find two separate text fields, one is "1.3 Your full name as shown in your passport, travel document or EEA national identity card" and another - "1.4 Surname or family name as shown in your passport, travel document or EEA national identity card".
Now this is a logical contradiction. Am I supposed to fill 1.3 with my first name only, or use both first name and surname in 1.3, and duplicate my surname in 1.4?

[Danlieb]

CMOS,

Thanks for drawing my attention to those instructions in Section 5.

Sometimes it is not obvious from the full name in the passport (1.3) what the family name / surname is, hence this needs to be specified in 1.4. I hope this clarifies the need for 1.4.

[CMOS]

Okay... I've rang UKVI (https://www.gov.uk/contact-ukvi/european-nationals)

Here is what they said:

In our situation the whole application is based on the EEA national, and the non-EEA spouse only needs to fill in the section 5 to be included on the application as a family member.

No need for section 2, and no need for section 11 altogether.

I have also asked about questions 1.3 and 1.4 (name and surname), and was told that in this case full name field 1.3 requires the first name (and any middle names) only, and the surname goes separately to 1.4.

The adviser told me that I don't even need to fill in the section 5 myself because all my absences from the UK will be on my wife's section 5 as I am her sponsor.

I wrote down the answers, and went through the forms once again. Many places didn't seem very logical, so I decided to give UKVI another ring. It turned out I was extremely lucky the first time I rang because none of them would agree to discuss forms with me anymore, saying that I need to hire an independent immigration adviser for that purpose.

Would anyone be able to confirm the information above? Perhaps ring UKVI once again and try to get the information?

Anyway, I guess that the key is question 3.1 on page 23 which instructs an EEA national to complete sections 5, 9, 16, 17, 18 and 19.
Based on the text "(If you are or have been a family member or extended family member, also complete the relevant section(s) as indicated in question 3.2 below.)" there is no need for an EEA national to look at question 3.2 (if they are not, and have not been a family member of an EEA national).

That's a contradiction of course... which can be resolved by a clear definition of a term "family member". Logically, if I am an EEA national, and I have a family, then I AM a "member of a family of an EEA national" (my own family), but if there are no other EEA nationals in my family, then I can't be called a "family member of an EEA national". Again, even if my wife is not an EEA national, I can still be a family member (or extended family member) of an EEA national, for example if my parents are EEA nationals.

[Danlieb]

Hi CMOS,

You were indeed lucky to have been able to discuss the nature of the EEA(PR) form.

Any issues resolved? How are you getting on?

[CMOS]

Well, we've sent the documents and the form without sections 2 and 11. We'll see how it goes. So far the card payment has gone through, and an email confirmation received.

[CMOS]

Just in case anyone is interested, we have received our documents back from the HO. My wife's NON-EEA biometric residence card came first (two weeks ago), and last week an envelope arrived with the supporting documents and my EEA citizen's document certifying permanent residence.

To summarise:
- We have both applied on one form (EEA national as main applicant).
- We have NOT included sections 2 and 11.
- We have both filled in the 5.3 table (one each) just in case (although my 5.3 is literally my wife's sponsor's 5.3).
- Correct answer to question 1.3 is first name and any middle names; and to 1.4 - surname.

[Danlieb]

Congrats CMOS,

Could I ask you what your timeline was? When did you submit and when did you receive your COA?

Thanks