Applying EEA2 with expired EEA1?

[semihselcuk]

Hi,

My question is related about EEA2 application. I've already read a lot about the process but I am wondering one question.

Let's make a scenario. Imagine,

• I came to UK with EEA1 but EEA1 will expire in one month
• So, I don't want to apply for EEA2 visa without proper supporting documents (at least last 2 month payslip of my EU spouse etc.).
• I decided to wait let's say I waited three months. It means I lived in UK for two months without EEA1 visa with my EU spouse together also I haven't leaved UK.
• Then, I apply for EEA2 with all supporting documents and I tell the story to home office with a letter.

Do you think this situation would be a problem for my application?

I tried to find an answer before posting but I couldn't find anything properly.

There is this post that @rosebead wrote
eea-route-applications/eea-family-permi ... l#p1061506

It doesn't matter when your EEA Family Permit expires, you have the right of residence in the UK even without it so long as your husband is exercising Treaty rights i.e. working, self-sufficient, etc. You don't even need an EEA2 to be legally resident in the UK, as an EEA2 merely confirms the rights you have already. An EEA2 is only useful in the respect that it proves to UK employers that you have the right to work. You should do whatever you think is most practical for you.

which somehow answers my question but I want to be sure. Is there any legal documents that proves @rosebead words?

Thanks in advance.