EEA1 or EEA3

[yankeegirl]

I think I may have managed to confuse myself (not really all that hard to do.)

I'm a US citizen, married to an Irish citizen, and am currently here on a family permit that expires 02 Sept 07. After reading other peoples experiences on here with processing times etc, hubby and I decided to submit an EEA1 application (I know it's not necessary for him to do so, but we don't want the 6 month wait)along with my EEA2 application in the hopes of my application being processed a bit quicker. I've downloaded the forms and started filling them out and gathering the documentation.

Here's what I'm a bit confused about. He's Irish, and therefore, to the best of my understanding, already considered a permanent resident. So, would the EEA1 form even be the correct one? I've had a look at the EEA3 form and it asks for proof of 5 years of exercizing a treaty right; hubby has been in the UK for a little under 3. But, its the form for permanent residence, which I think he already is, based on the fact that he's Irish.

I'm sure I'm over-thinking as usual, but just wondering what the others on here thought.

[VictoriaS]

The Irish always have to confuse things

He is considered to have ILR for the purposes of UK immigration law...so you could have entered the UK using UK law, which would have meant a) you have to pay for the application, and b) you get your ILR quicker. However, as you are here on EU law, then he will be considered an EEA national for the purposes of this application, which means that you must still use EEA2 for now, and can't get your PR for 5 years.

Victoria

[yankeegirl]

I was actually wondering what form he should use, but i think you answered my question anyways. If I have it right, since I'm here as the spouse of an EU national, he is regarded as such and should apply for EEA1.

[VictoriaS]

yes, although he doesn't need to, as you know. I suppose it might make your application a little faster.

Victoria