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EEA1 or 3

Posted: Wed Apr 11, 2012 12:06 am
by asica81
Hi guys. Im EU citizen and my husband is non EU. Im thinking which I should apply for EEA1 or EEA3? I've been here since 2005 but registered with WRS in the end of 2010. I dont know does that count for anything or shall I just apply for EEA1 ?? ALso if I were to apply for EEA3 I am conserned cos end of last year I had a brake from jobs for 2 months after loosing my baby and my dads accident without any income. I had savings and my husband was working I am just worried that it might work against the case.

Posted: Wed Apr 11, 2012 1:23 am
by Obie
What where you doing from 2005-2010?

Posted: Wed Apr 11, 2012 12:57 pm
by asica81
I was working in UK.I have most of my payslips but was not registered with WRS. And I was off work for couple of weeks during the time when I moved to Manchester and had to find job. Wasnt to long.

Posted: Wed Apr 11, 2012 1:26 pm
by fysicus
There is not really a need for an EU citizen to apply for a Registration Certificate (EEA1) or a Permanent Registration Certificate (EEA3), as in daily life you don't need these documents. Your passport (or any other ID proving that you are an EU national) is sufficient.

It's far more important for your husband to get a Residence Card (EEA2), especially if he wants to work, even though there is in fact not a legal requirement to have this card but it really has practical benefits.

But if you wish to apply for something, I would send in the EEA3 form. If it is rejected (for example because of the WRS issue), I would expect it would be automatically downgraded by UKBA to an EEA1 application.

Posted: Wed Apr 11, 2012 2:20 pm
by asica81
That asctually saunds good. But what about my husband?? If I send EEA3 documents can me apply for my husbands EEA2 at the same time?? At the moment he has got Family Permit and that expires in June.

Posted: Wed Apr 11, 2012 2:32 pm
by fysicus
Of course, many people combine an EEA2 application with either an EEA1 or EEA3 because there is so much overlap in the required supporting documentation. Put it all in a single envelope and send it to the address specified on the EEA2 form.

Don't worry about the expiry of the Family Permit; that only matters if you want to re-enter the UK after travelling abroad. If you stay in UK it changes nothing, and in particular your husband will not be considered illegal or overstayer or whatever.

Posted: Wed Apr 11, 2012 2:37 pm
by asica81
Thank you for your help.
Also I didnt mention before I am from one of A8 countries, so thats why I am not sure when it comes to WRS.
And what would happen if they decide I cant apply for EEA3 only EEA1?? R they gona send the aplication back?? And what would happen with my husbands EEA2 then??

Posted: Wed Apr 11, 2012 3:01 pm
by fysicus
Of course, I understood that you are from an A8 country, because that is the category for which WRS was invented.

For your husbands EEA2 it is required that you satisfy the EEA1 requirements. So if your EEA3 is not accepted, that should not affect your husbands EEA2 application.

What exactly they will do in such a case I don't know. The most efficient and most logical (and therefore may be the least probable) course of action would be to treat it as an EEA1 application instead, but may be they will just send your application back and process your husbands application independently.
Don't worry about this too much; as I said before your husbands application is more important.

Posted: Thu Apr 12, 2012 12:01 pm
by asica81
Thanx for help, was just wondering if u can send any links for the website where all the conditions are for applying for EEA1 and 3. If u know any.

Posted: Thu Apr 12, 2012 12:17 pm
by fysicus
Everything you can find on the UKBA website; two particularly useful starting points are:
http://www.ukba.homeoffice.gov.uk/eucitizens/ and
http://www.ukba.homeoffice.gov.uk/sitec ... dlaw/ecis/

Posted: Thu Apr 12, 2012 1:55 pm
by Obie
Perhaps Tomasz Ziolkowski might help in these Circumstances.

Posted: Fri Apr 13, 2012 2:44 pm
by asica81
Thanx guys.
I heard after applying for EEA1 (or3) thay gona send my passport back , not sure if it is true and what happens with my husbands passport?? Are they gona send his passport back as well??

Posted: Fri Apr 13, 2012 4:51 pm
by Jambo
asica81 wrote:Thanx guys.
I heard after applying for EEA1 (or3) thay gona send my passport back , not sure if it is true and what happens with my husbands passport?? Are they gona send his passport back as well??
The passports are sent back once a decision has been made (unless you request the passport back before). The EEA national applications (EEA1/3) are dealt first (a few weeks). The non EEA national applications normally take 1-2 months more. So you should get the EEA passport first and later the non EEA one.

You can always ask for the passport back in any stage and it will not delay the application.

Posted: Sat Apr 28, 2012 12:40 pm
by asica81
Guys got another problem. I changed the job and now Im working around 32 hours every week only (4 days) is that gona be a problem claiming my husbands papers (EEA2) or mine?? Also I have read about working tax credit that I could claim that , but I am unsure if that is not gona be against our case later. Can I claim that or is it similar to benefits??