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Obtain an EEA PR with 2 different statuses

Posted: Tue Sep 01, 2015 12:37 pm
by Memito
I am italian and exercised treaty rights only from 6/07/2010 to 08/06/2010, that means I did not reach the 5 years for one month... So neither me nor my wife(family member) can apply for EEA PR
An alternative solution has just come in my mind: my wife( eea family member)has obtained the italian citizenship on 5th February 2015 and she has been working since Octuber 2014.

Question: Could my wife apply for an EEA PR for being dependent on my treaty rights until 8th June 2015( so for 4 years and 11 months) and for the remaining time ( 1 months) claiming her own treaty rights as an eea citizen?
It will be like that: 06/07/2010 to 08/06/2010 dependant on my treaty rights and for the remaining month be covered with her town treaty rights as a eea national?
Is that actually possible?

Re: Obtain an EEA PR with 2 different statuses

Posted: Tue Sep 01, 2015 1:28 pm
by Memito
06/07/2010 to 08/06/2015 sorry there was a mistake on the dates.

Re: Obtain an EEA PR with 2 different statuses

Posted: Wed Sep 02, 2015 8:41 am
by noajthan
Memito wrote:Question: Could my wife apply for an EEA PR for being dependent on my treaty rights until 8th June 2015( so for 4 years and 11 months) and for the remaining time ( 1 months) claiming her own treaty rights as an eea citizen?
It will be like that: 06/07/2010 to 08/06/2010 dependant on my treaty rights and for the remaining month be covered with her town treaty rights as a eea national?
Is that actually possible?
It's a good question. It's been asked a few times in the forum but the answer doesn't seem clear.

The guidance on family members does state switching between categories is possible.
Switching allowed
Yes. As long as they continue to exercise their free movement rights in the UK
Ref: https://www.gov.uk/government/uploads/s ... s_v2_0.pdf

Have you tried calling HO helpline to ask this question?