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EEA 3 but 7 months without working

Posted: Sun Apr 14, 2013 3:12 pm
by iga
Hi,
My husband is EEA national (Italian) and I am non-EEA national. We would like to send our EEA3 and EEA4 application together.

We are married since 01.2007 and we live in London since 09.2007.
In 2008 we have applyed with EEA1 and EEA2 forms.
My RC expired on March 2013.

My husband was working since we came in 09.2007, except for some periods of time:

- Worker................. From 09.2007 to 04.2009 (1 year and 6 month approx)

- Unemployed (1).... From 05.2009 to 06.2009 (2 months)

- Worker.................. From 07.2009 to 09.2010 (1 year and 3 months. He was in 3 different but conssecutives jobs during this time)

- Unemployed (2)... 10.2010 (1 month)

- Worker.................. From 11.2010 to 02.2012 (1 year and 5 months)

- Unemployed (3)... From 03.2012 to 09.2012 (7 months)

- Worker................... From 10.2012 - currently


He left his jobs voluntarily. He didn't has a CSI (insurance), he wasn't registered with Job Centre/recruitment agency, he never asked jobseecker's allowance (benefits).

For the last unemployed period (7 months), he only has an email sent on 05.2012 applying for a job and also he was studying english for 2 months.

My queries are:

1. Eventhough the unemployed periods, specially the last 7 months in 2012, do he has right for PR Confirmation? (we can attached his saving account statements for that months as proof of funds)

2. I was working during that time. Could my payslips be proof of funds of a family member? (Section 7.2 in EEA3 form: " If you/your EEA national family member did not exercise Treaty rights... but was supported by... funds of a family member, please give details below... ")

Many thanks.

Posted: Sun Apr 14, 2013 3:16 pm
by Lucapooka
1. Not unless he was self-sufficient based on those savings and with CSI.
2. Not unless he was self-sufficient based on your salary and with CSI.

However, as it's a free application there is no harm in applying.

Posted: Sun Apr 14, 2013 4:03 pm
by iga
Thank you Lucapooka.

In that case, is there other documents can I attached instead of CSI. We have a EHIC but we have requested the card here.

My concern is that in my job they are ask me for my Visa (PR)

Posted: Sun Apr 14, 2013 5:33 pm
by Lucapooka
Your job is not relevant. Your rights are derived from your EU partner who must be exercising unbroken treaty rights if you (or he) are are to qualify for PR

Posted: Sun Apr 14, 2013 10:12 pm
by EUsmileWEallsmile
From what you have posted, it appears that you've already done your research. You appear to have understood the salient points. It is difficult to see you either of you qualify for PR.

That does not meant that you cannot apply for another residence card right now.

Posted: Sun Apr 14, 2013 11:48 pm
by iga
Is there any inconveniece if I apply for a RC again? I didn't know about that.

Posted: Mon Apr 15, 2013 7:38 pm
by EUsmileWEallsmile
iga wrote:Is there any inconveniece if I apply for a RC again? I didn't know about that.
No (apart from having to wait for a decision).

Posted: Tue Apr 16, 2013 7:46 pm
by iga
Many thanks for all your advises.

Posted: Sat May 18, 2013 11:09 am
by iga
Hi, just an update.

20 April 2013 - EEA2 application sent
25 April 2013 - Letter, certificate of application, received.
09 May 2013 - Passport with new RC received.

Many thanks for all advices.