EEA PR or EEA FM

[nabilhabon]

Hi All,

I am dutch citizen living in In the Uk for 13 years i have always studied and worked. i have been working the last 5 years continuously. I met my wife 2 years ago ( she is a Canadian citizen) we got married last December( in Canada, and got a Canadian wedding certificate) She joined me recently in September and i now wish to apply for permanent residency card so she can stay here and work. I wonder if any of you legal minds can advise the best routes and what to look out for.
1 concern is that she just moved and she has nothing in her name to prove the address as i pay all the bills.

Please help as she is eager to work, and hates sitting at home .

thank you all in advance

Kind regards,

Nabil

[NikiGio]

Hi:

- you need to apply for EEA (PR), ie. for a document certifying permanent residency. Link is https://www.gov.uk/government/publicati ... orm-eea-pr

- your wife needs to apply for EEA (FM), ie. for a residence card. Link is https://www.gov.uk/government/publicati ... orm-eea-fm

Send both applications and supporting documents together in one envelope, to Durham (address on application forms).

Add a covering letter explaining she has just moved, etc., and provide what documents you have.

[nabilhabon]

Thank you so much for replying!

can i just ask, is it mandatory for me to apply?

Can i not just fill in EEA (FM) form?
Also what supporting documents are required for her, she just moved her and cant work i believe, so she is paying any bills? its a bit of a catch 22

thank you in advance !

[NikiGio]

No problem.

can i just ask, is it mandatory for me to apply?

It's not strictly mandatory for you to apply, no.

Her EEA (FM) application though is dependent on you proving you've been exercising treaty rights as an EEA worker for 5 years - so you'll need to send your documents and hers together anyway, even if you don't apply.

Is there a particular reason why you don't want to apply for EEA (PR)? Sooner or later you'll need to apply for EEA (PR) (before March) or Settled Status (after March) yourself anyway.

Also what supporting documents are required for her, she just moved her and cant work i believe, so she is paying any bills? its a bit of a catch 22

Have a look at the Guidance Notes in the links I gave you, and also do a thorough search for other similar posts on this forum to understand what documents you'll need to send.

[nabilhabon]

I can not thank you enough for responding, and taking time out of your day to respond.

I intend to apply for the settled status in March, as i don't want to apply for my EEA (PR) now only to apply for the settled status again in March. I requested mys history of employment from HMRC for the last 5 years which i intend to use as supporting evidence.

I just wanted my wife to be able to stay here and work hence why i felt like the EEA (FM) is the way forward for her.

Do you think i can apply for the EE (PR) and add her on the same form, even if she hasn't lived here for 5 years?

I will follow your link and obtain all necessary supporting evidence.

thank you once more!

[NikiGio]

I just wanted my wife to be able to stay here and work hence why i felt like the EEA (FM) is the way forward for her.

Yes, this is the way forward for her.

Do you think i can apply for the EE (PR) and add her on the same form, even if she hasn't lived here for 5 years?

No. You can't add her to your EEA (PR) application because she hasn't been here 5 years.

I intend to apply for the settled status in March, as i don't want to apply for my EEA (PR) now only to apply for the settled status again in March. I requested mys history of employment from HMRC for the last 5 years which i intend to use as supporting evidence.

Ok - if you don't want to apply now for EEA (PR), you don't need to. But you'll need to provide your documentation as the sponsor of your wife (HMRC history or P60s or pay slips + passport photographs + proof of residence + passport or ID, etc.), in addition to the documentation required for your wife's application.

If you change your mind and decide to send in your EEA (PR) application at the same time - you can fill in the online form, print it, pay the fee (£65) and send it with the supporting docs in the same envelope as your wife's. Or you can fill in the paper form and fill it in by hand - whichever you prefer. I did the online form as I found it more straightforward. Then between March 2019 and December 2020 you'll need to exchange your PR for Settled Status (free).

I don't think there's an online form option for EEA (FM) applications, so she'll need to print the pdf and fill in the form by hand.

Good luck!

[NikiGio]

It also might be useful for your wife to read this:

https://www.gov.uk/government/publicati ... -nationals

It's the guide that the HO staff use when judging EEA (FM) applications.

[nabilhabon]

Thank you ever so much for your assistance, i cant thank you enough.. have a great day

Kind regards,

Nabil

[secret.simon]

I am dutch citizen living in In the Uk for 13 years i have always studied and worked

Do not assume that you have acquired PR. If you studied in the UK without Comprehensive Sickness Insurance (aka private health insurance) or a non-UK EHIC card, that period does not count for the purpose of exercising treaty rights and indeed, if you worked before that period, it may even have reset your PR clock back to zero.

Given the uncertainty around Brexit, I suggest applying for EEA(PR) anyway. That would also prepare the way forward for an application for British citizenship if you plan to go down that route.

[nabilhabon]

Hi Simon,

You are right i have however worked continually for the last 5 years, also my father applied for the residency permit back in 2010 and i received the blue card, i lost it and never renewed it, can i just apply for renewal document for myself? or do i have to fill in the EEA (PR)

Finally, I am struggling to get proof of address for my wife, as she has only been here 2 months and everything is in my name.
any help and or suggestions are welcome

[NikiGio]

I am struggling to get proof of address for my wife, as she has only been here 2 months and everything is in my name.

She could:

1) Register at GP and Electoral Register - they'll send confirmation letters.

2) Also ask the Council to address all Council tax bills to both of you.

3) Get a bill on her name.

4) Open a joint bank account.

I think doing 1) is enough for the application.

2), 3) and 4) is good practice for the future, to have bills and accounts in her name. Make sure you keep the paperwork sent at home.

[nabilhabon]

In order to apply for a GP and electrol register she needs to get her National insurance number, and if memory serves me right she cant work yet right? or am i missing here something?( she arrived on visitor visa from Canada on 10th of September with a stamp staying she cant work) can she just apply for her National insurance number, as i am a qualified person??

[NikiGio]

In order to apply for a GP and electrol register she needs to get her National insurance number,

For GP practice registration - only need passport and proof of address. Have a chat with them about how your wife can provide proof of addess, given she's just arrived. My local GP practice don't ask for NI number.

For electorsl register - I think you can still register with no NI number, but it's less straightforward.

[nabilhabon]

thank you so much, your help has been invaluable, what are your thoughts on national insurance number, can she request that as well

[NikiGio]

How did your wife gain entry in September? Via own passport + marriage certificate, a Family Permit...other way?

[nabilhabon]

just a 6 months stamped visa on her passport( it does say she cant work or use public resources) although she did advise that she is the wife of an eea qualified person ( they didnt even look at her wedding certificate)

[NikiGio]

Ok.

As the wife of an EEA national who is exercising treaty rights, she has automatic right to live and work anyway - as per EC Directive 2004/38: https://eumovement.wordpress.com/directive-200438ec/

The problem is that sometimes employers don't know this, and therefore non-EEA family members are encouraged to apply for a Residence Card to prove it. While the application is being decided, the HO will issue a CoA which also proves the right to work.

So she can start looking for work immediately, knowing the above and with the marriage certificate - and also start collecting documents to apply for the Residence Card ASAP in case she is asked by an employer. Just keep in mind that while she waits for the Residence Card/CoA, some employers may be weary of employing her and the job offer might fall through.

She can try applying for the NI number before getting the Card/CoA - I know some people have been successful.

[nabilhabon]

I can not thank you enough for your assistance.

Final question; Can i apply for a EAA pr and add my wife on the same application without filling in the EEA FM for her, bearing in mind she is not here 5 years, the reason i ask is so i can fill in the online form which is only available for the EEA PR, so i don't have to send my original passport and instead get them certified by the registration office.

What are your thoughts?

much obliged,

Nabil

[NikiGio]

Final question; Can i apply for a EAA pr and add my wife on the same application without filling in the EEA FM for her, bearing in mind she is not here 5 years, the reason i ask is so i can fill in the online form which is only available for the EEA PR, so i don't have to send my original passport and instead get them certified by the registration office.

No - the EEA (PR) form is only for coupkes who have both been here 5+ years.

You can do the EEA (PR) form online and then print it. She can fill in the EEA (FM). Then send both applications and supporting documents together.

I don't know if you can use the Passport Return Service when doing the above - if you'd only been applying for yourself, then yes you could have used it. But if applying with a mix of an online PR and a paper FM application - I don't know.

What you can do though is send the passports, wait 2 weeks and then request the passports back using this link:

https://eforms.homeoffice.gov.uk/outrea ... OOHCS0Q8qs

Good luck