Need Help EEA2 application form

[shefah-jan]

Hi, everyone,
Please, kindly help me regarding my delimma!!!
It is about a year now my wife entered UK with with EEA family permit.
Unfortunately, a month after she came to UK, I got redundant.

I would like to clarify following points:

I have been in UK OVER 5 years( September 2004), on and off in employment. On and off means being abroad and came back never exceeding 6 month

Before March 2009 never been unemployed or claimed benefits

From September 2009, we are claiming Job Seeker allowance, joint claim

While I was claiming JSA , I was studying part-time


Start full-time stuyding in University from Sep 2010

Received offer from Finance England for Student Loan and Grant

Obiviousley,when my course starts, I am going to stop claiming JSA.

I must say, if i could managed my fianances without JSA, I would have never applied for it. I was in very bad situation at that time and still am

Now my question!

When is the best time for me to submit my wife,s EEA2 application form??

Hoping someone would help me out!!

Thanks for reading

[shefah-jan]

Nothing yet

[Obie]

Worker or self-employed person who has ceased activity"
5. —(1) In these Regulations, "worker or self-employed person who has ceased activity" means an EEA national who satisfies the conditions in paragraph (2), (3), (4) or (5).


(7) For the purposes of this regulation—

(a) periods of inactivity for reasons not of the person's own making;

(b) periods of inactivity due to illness or accident; and

(c) in the case of a worker, periods of involuntary unemployment duly recorded by the relevant employment office,

shall be treated as periods of activity as a worker or self-employed person, as the case may be.

In light of this, i believe you will retain your status as a worker, and hence could in actual fact apply for your wife at any time.


Also i believe you can claim right of Permanent residence.

15. —(1) The following persons shall acquire the right to reside in the United Kingdom permanently—

(a) an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;

(b) a family member of an EEA national who is not himself an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years;

(c) a worker or self-employed person who has ceased activity;

This essentially mean, you do not need to be exercising treaty right anymore in the UK, for your residence to be in accordance with the UK regulations.

Therefore you only need to proivde evidence of this with wife's application.

[shefah-jan]

Thank you very much, Obie,

You made me really happy, I do appreciate your time.

I did alot of researches, but still wasn,t convinced with myself.
I was thinking, I don,t apply for her residence card now,
because it doesn,t sound right, to me to claim JSA and ask for residence card
I thought, I would submit her application when I stop claiming JSA, and tell Homeoffice that I am student.
To apply for PR, it would take alot of time. Doesn,t it?
Thank you again