EEA (PR) application, extended family member/sponsor

[fabiog74]

Hello all,

Me and my girlfriend have decided to apply for Permanent Residence but I am a bit confused as to how to make the application/s.

Let me explain: we are both Italian citizens, moved to London in 2007 (me in May 2007, her in September 2007). We’ve been together since 1992, living together since we moved to London in 2007.

I have been working steadily since August 2007 and I believe I have all of the required documents and proofs to make the application for PR.

She, on the other hand, hasn’t been working (not steadily at least), mainly because she doesn’t need to and I have been providing for her, no problem. Never claimed benefits.

My take after reading the Home Office application, guide and several online blogs and forums is that I can apply as I exercised my treaty rights while she can apply as an extended family member since we are in a durable relationship and.

Definition of extended family member
The partner of an EEA national, other than a civil partner, who can prove they are in a
durable relationship with the EEA national. A durable relationship is an unmarried
partnership which has normally subsisted (continued in existence) for two years or
more.

(Source: https://www.gov.uk/government/uploads/s ... als_v3.pdf)

Her self sufficiency can be proved with documentation (bills, bank statements, home office letters in both our names or to the same address, bank statements of shared account or me transferring money to her, holidays, travel and home insurance with both our names but paid by me, etc…)

Also she holds what seem to qualify as Comprehensive Sickness Insurance in the form of a National Health Card issued by Italy.

We will probably do the online application, collect the proofs and make an appointment with the Passport Validation Service and hand everything over, but before doing that I went through the 85 pages printed application, trying to fill everything in to check we understand everything…

A few questions came up after doing this…

Excerpts from the EEA (PR) application form below:

Section 1/C, page 18: Family members included in your application
It seems you can include a family member (or extended family member) in the application.

Section 2 - Your Sponsor
Complete this section with details of your sponsor if, during the relevant qualifying period, you have mainly had a right of residence as a family member or extended family member, or if you’re applying on the basis that you have retained your right of residence.

I seem to understand this would be what she has to fill in with myself as her sponsor.
But this seems to contradict the fact that I include her in my application as an extended family member, resulting in 2 applications.

Section 3 - About your application

Category of application

3.1
I’ve lived in the UK for a continuous period of five years as an EEA national qualified person, the family member or extended family member of a qualified person, or a combination of these.
Complete sections 5, 9, 16, 17, 18 and 19. (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.)

The above applies to me, fine…

Family members and extended family members
3.2 If you are (or anyone applying with you is) applying on the basis that you/they are (or have been) a family member or extended family member during the qualifying period, tick the relevant box(es) below and complete the relevant section(s) as directed.

I am or have been the spouse, civil partner, or unmarried or same-sex partner of the sponsor.
Complete section 11.

The above applies to her but on a separate application? Not clear if I include her in my application (Section 1/C)

Both of us will have to complete sections 5, 9, 16, 17 and 19, fine.

In her case:
I’m currently the unmarried or same-sex partner of the relevant EEA national, I’m in a durable (lasting) relationship with them, and I’ve held valid residence documentation as their partner throughout the relevant qualifying period. Complete subsections A, B, C, and E.

She will have to complete also section 11 A, B, C and E.

So, am I assuming correctly that she can apply as an extended family member?
Would we need to submit 2 different applications?
How would the 2 be connected when reviewed?
Do I have to include her in my application under section 1/C?
Am I her sponsor? It’s not really that clear…

Any help will be greatly appreciated.