Confused over EEA2 and treaty rights

[nordiclatina]

Hello all,

My husband and I (EU - Finnish, UK ILR since 1988) just arrived on the 18th August. We had been living together in his home country for 2 1/2 years. He entered on an EEA Family Permit.

We haven't sent off his EEA2 yet. As I understood from the guidance notes, we can't do so until I am officially "exercising my treaty rights" i.e. working (since I'm not self-employed, retired, incapacitated or a student.)

I guess technically we're "self-sufficient" because we're living off savings and help from my mum, but it's going to be hard to prove this to the Home Office since the savings are dwindling and the help from my mum is intangible - we live with her rent-free, she generously pays all the bills etc but she doesn't actually give us cash.

Reading this (Chapter1 EEA Rights of Movement 3.1.1 Jobseeker) and browsing this forum, I get the impression that as an active jobseeker I actually qualify as a "worker" and therefore we could submit his application already, with evidence of my jobseeking...?

Does anyone have experience of this? What's your advice? We want to send it off as soon as possible but do we risk being refused on the grounds that I'm not exercising treaty rights?

What evidence do I need to provide of job-seeking? Are submitted job applications enough? I definitely don't want to go on the dole, as I get the impression that claiming benefits will basically hinder any future dealings we have with the Home Office (am I wrong?)

So is it better to wait till I have a job? What are the consequences of stalling the EEA2 application and how long is it feasible to put it off for? What is my husband's status in the mean time? Can he work? Can he get an NI number?

He actually has a job lined up at the restaurant of some friends of mine. There's no problem persuading the employers about his right to work because they'll take my word for it BUT we need to be sure - I don't want to get my husband or my friends in trouble!

And finally, should I be submitting an EEA1 application? It seems weird when I'm already a permanent UK resident (I've lived in the UK since I was 3 years old 1982, aged nine I got ILR 1988, then Finland joined the EU in 1993) ... But my husband's application is based on my EU citizenship not my UK status so I should register anyway.. Right?? But I read here that the applications are not being processed together anymore anyway, so perhaps there's no point....

Aagggghhhh it's all so confusing!!!! please help!!!! Sorry for the immensely long post and thank you all!

[vinny]

See also Permanent Residence Qualifying Period For EEA National

[tasha75]

It seems weird when I'm already a permanent UK resident

You need to confirm that you still have PR here, since you've been living outside the UK for over 2 years.

[fysicus]

the only advantage of PR is that you don't need to prove that you are a worker or exercising treaty rights in any other way. To keep it simple you can submit an EEA1 application for yourself and EEA2 for your husband simultaneously (i.e. in a single envelop). For now only send copies of your passport; they will ask for the originals when the applications are actually processed (which may be after five months or even longer)