EEA PR for all EEA family + few problems (WRS)

[mikey81]

Hello,
I would really appreciate some info on my situation.

I first started working in the UK in 2006 and registered for WRS. Worked for the same company until 2014. My wife however came to UK in late 2006 and her employment was continuous. Her last employment started in Aug 2010 and finished in Sep 2012. Since then she was a stay at home mum and has just recently started to look for new job. The problem is that she has never registered for WRS. I was wondering what impact will this have on EER PR card application.

We are planning to apply as a whole family including our 10 year old daughter.

Would I be treated as a sponsor to my wife from the application perspective? Is the sponsor status only for someone with non-EEA family members? Who exactly is the sponsor?

What would be the best way to approach our application?

Also, would all of the above have impact on UK Naturalisation process that we want to start later on?

I would really appreciate any help with this.

Best regards,
Mike

[noajthan]

Hello,
I would really appreciate some info on my situation.

I first started working in the UK in 2006 and registered for WRS. Worked for the same company until 2014. My wife however came to UK in late 2006 and her employment was continuous. Her last employment started in Aug 2010 and finished in Sep 2012. Since then she was a stay at home mum and has just recently started to look for new job. The problem is that she has never registered for WRS. I was wondering what impact will this have on EER PR card application.

We are planning to apply as a whole family including our 10 year old daughter.

Would I be treated as a sponsor to my wife from the application perspective? Is the sponsor status only for someone with non-EEA family members? Who exactly is the sponsor?

What would be the best way to approach our application?

Also, would all of the above have impact on UK Naturalisation process that we want to start later on?

I would really appreciate any help with this.

Best regards,
Mike

Don't worry, you have options.

Assuming wife is an EEA & A8 national then her work will not count towards PR if she was not registered on WRS (up to 2011).
Any application in her own right (as a worker) could not be made yet as her PR clock is still running.

Yes, you (as EEA national exercising treaty rights) can sponsor your wife;
she will be your direct family member, (as will your child).

You can all apply for confirmation of PR (& on same form) on the basis of your 5 years of exercising treaty rights continuously;
that is assuming:

• you have been married to each other for at least 5 years, whilst in UK; &
  child was in UK at same time too; &
  any absences (by any of you) from UK were within prescribed limits

Or your wife could possibly apply in her own right as a 'self-sufficient' qualified person but she would have to have had CSI.

In the circumstances you have described your best bet is probably to apply as a family unit, all sponsored by you.

Getting your 'confirmation of PR' cards will only help your ambition for citizenship, as, for adults at least, a 'PR card' is now a mandatory prerequisite.

Good luck.

[mikey81]

You rock! Thank you very much for the info.

I've done some further reading and indeed it seems that going for a joint family application would be the only way to progress this forward.

On the side note, it looks like 5 years period would finish on the 30/04/2016 anyway, right?

Also, just to clarify "sponsor" would not apply to my case - where we are going for the joint application right? If my wife was to apply by herself then I would be classed as a sponsor? Is my understanding correct?

[noajthan]

You rock! Thank you very much for the info.

I've done some further reading and indeed it seems that going for a joint family application would be the only way to progress this forward.

On the side note, it looks like 5 years period would finish on the 30/04/2016 anyway, right?

Also, just to clarify "sponsor" would not apply to my case - where we are going for the joint application right? If my wife was to apply by herself then I would be classed as a sponsor? Is my understanding correct?

The form is a monster & it is confusing.

You are sponsor for your wife.
Maybe you only complete form with you as 'sponsor' on her form - if she applies on her own form.

if you use a joint form she will go as your 'dependent' (along with child).

You will probably have to print off a few copies & practice filling it in until it makes sense.

Note You don't have to wait for the anniversary end of WRS if you were properly registered for WRS.

You can use any valid 5-year period during which you exercised treaty rights (& have adequate supporting evidence) & your wife & child were residing in UK at same time too.

So maybe it could be 2006 - 2011 or some 5-year period in between, or up to 2011 - 2016

- whichever is the best one for you, with the best evidence available.

Don't give HO any 'wriggle room'.

[mikey81]

You are absolutely right. The form is huge and asks for such a massive amount of details that it is just scary. Most people are bound to make errors here and there which basically will allow HO to reject you.

I've had a look at the form and Section 13 - seems to be for dependants over 21 which doesn't include spouse/wife.

To be fair it looks to me like I need to fill out the form for myself and 2 additional forms for my wife and daughter where I will put myself down as a sponsor on these. Total of 3 forms I believe.

Does anyone have a similar experience?

[ohara]

The form is huge because it is about 6 different applications combined into 1 form. You only need to complete the sections relevant to the route you are going down, for EEA citizen exercising treaty rights I believe this is section 5, 9, 16-19 only. Once you get your head around it, it's not complicated

[mikey81]

That is correct and I fully agree with you. However what confuses me is whether I need a separate form for my wife or not. My daughter will go under 21 dependants section.

I have noticed that there is an EEA (FM) form that seems to be for family members. It looks like this for could possibly be used?

[noajthan]

That is correct and I fully agree with you. However what confuses me is whether I need a separate form for my wife or not. My daughter will go under 21 dependants section.

I have noticed that there is an EEA (FM) form that seems to be for family members. It looks like this for could possibly be used?

Section C, page 18 (Q1.24+) of PR form is for family members - including spouse.

Note It is interesting to note it is not a legal requirement to apply using the PR form, a previous version or even a letter plus correct fee can be accepted.

There is a thread in the forum on using alternatives to the form (or alternate forms).

[mikey81]

Ok, so I made a mistake of actually calling the HO helpline and these people confused me even more.

On the side note we have managed to find WRS certificate for her dating 25/11/2010. This is for the job she held for just under 24 months. This means we are all clear with the WRS issue and exercising treaty rights. Since she left her job she was not working and was a stay at home mum looking after our daughter.

Now the HO consultant said that in this case she should fill out the form for herself and state that she was self sufficient for the past 3 years. I questioned him about the necessity of health insurance for the "self sufficient " status and he said that it should be fine. Now this exactly what I am worried about... some consultant saying it "should" be fine. This helpline is no help at all, now I wish I haven't called them at all.

Can someone please shed some light on the situation? Should I still go the single application with my wife/daughter on the same form? Should I then put myself as a sponsor in section 2 and my wife to fill out section 11??

Also, what is HO's approach to missing paperwork. Do they give applicants the chance to send in any missing documents? Or do they reject application straight away?

As always I really do appreciate all your help.

[noajthan]

Ok, so I made a mistake of actually calling the HO helpline and these people confused me even more.

On the side note we have managed to find WRS certificate for her dating 25/11/2010. This is for the job she held for just under 24 months. This means we are all clear with the WRS issue and exercising treaty rights. Since she left her job she was not working and was a stay at home mum looking after our daughter.

Now the HO consultant said that in this case she should fill out the form for herself and state that she was self sufficient for the past 3 years. I questioned him about the necessity of health insurance for the "self sufficient " status and he said that it should be fine. Now this exactly what I am worried about... some consultant saying it "should" be fine. This helpline is no help at all, now I wish I haven't called them at all.

Can someone please shed some light on the situation? Should I still go the single application with my wife/daughter on the same form? Should I then put myself as a sponsor in section 2 and my wife to fill out section 11??

Also, what is HO's approach to missing paperwork. Do they give applicants the chance to send in any missing documents? Or do they reject application straight away?

As always I really do appreciate all your help.

Don't trust anyone on a helpline saying it should be fine.

Self-sufficient persons need CSI & to be able to demonstrate they are not a burden on the state social support system (I forget the exact terminology).

You could possibly 'pick & mix', some time from your wife exercising rights in her own right, sometimes sponsored.
OR if you can make a better case for the 5 years with you as her EEA sponsor you can do that.

[mikey81]

Thanks for the info. Yeah I did get the impression that they don't know what they are talking about.

So it still should be 1 form with all my family members on it, right?

[noajthan]

...

So it still should be 1 form with all my family members on it, right?

That approach should work.
Try a few dry runs - see how it all hangs together.

Suggest keep scans & copies of all forms & documents you submit, also note down payment details used.