EEA2 (singh route) filling the form in, and related queries

[greatscott]

My non-eu dependent spouse is filling the form in..finally!
A couple of queries (easy ones first):

--EEA APPLICATION CHECKLIST:
1. Proof of Identity:
>> assume if she hands in her non-eu passport, she does not need to hand in her eu 5-year residency card?

2. Proof of Eligibility:
>> Self Employed (I assume thats me, the British national having exercised treaty rights in another eu country), and I assume this section refers to my time as self employed in the eu country before returning to the UK with my wife?

>> Jobseeker...does this refer to my time in the eu country exercising treaty rights/...or does it refer to whether or not I am a job seeker now in the UK, (which I am) ??

--EEA2 RESIDENCE CARD APPLICATION FORM (version 06/2011):
1. SECTION 6 - YOUR EEA NATIONAL FAMILY MEMBER (SELF EMPLOYMENT)
>> I assume this refers to exercising my Treaty Rights as per Singh in the eu country (obviously but just to be sure!)?

>>SECTION 8 - 8.2 Seeking work: I assume this refers to exercising my Treaty Rights as per Singh in the eu country as 'an other qualified person' (and not what I am currently doing in the UK i.e.- seeking work)?

>>SECTION 11 - AS EVIDENCE OF RELATIONSHIPS:
I have a apostilled Marriage Certificate. Thats all I should need right? because I see under that (which i assume is another option to provide evidence of relationship), there is 'Proof of Residence': utility bills, tenancy agreement, etc....well I have the Marriage Certificate...so have to assume then that the application is good to go without needing to provide all those other things?

wow, so far so much easier than the Family Permit application form (which I did not need to apply for).

--RELATED QUERIES:
1. Just before I moved back to the UK, I changed my business address within the same eu country, but did not close it. I did not close the business because I'd like to explore the possibility of keeping it for a while. Also if for any unknown reason there are complications with the application, I have somewhere to return to, to try and make a living.

...is this a problem for singh route? Is there the possibility they may say this shows that I have not moved back permanently? Surely if I've gone to all the trouble and effort setting up the business I should be entitled to keep it, and run with it from the UK?

2. so while in the Uk I received some work to be done by the eu business....so from the uk I've billed a small amount for a small job in euro (not GBP). Would it be wise to submit this invoice along with the other invoices proving I have exercised my Treaty Rights in another eu country?

3. Do I need to insert any details about my existence in the UK, such as work seeker/ NI number (which I've just got)/ freelance work, utility bills, proof of address, etc.?
If so, why?
If so, where on the form?

a topic for the bored i know and advice appreciated.

[greatscott]

ok, ok

please just some feedback on at least the RELATED QUERIES section I know it's late but need your opinions in a hurry, thanks

[Jambo]

You should appreciate that EEA2 is not designed for Brits using the EU route so might be sometime tricky to figure out which section to answer.

In any case, unlike UK immigration rules, under EU regulations, having an incomplete form (or even no form at all) is not a reason for refusal so try to answer the best you can. I would suggest you add a cover letter explaining you apply under the Singh ruling and a list of the evidence you provide.

Under Eind judgment, a return resident is not required to be a qualified person in his home country but unfortunately, the HO has a different view.

As per your questions:

>> assume if she hands in her non-eu passport, she does not need to hand in her eu 5-year residency card?

Just passport.

2. Proof of Eligibility:
>> Self Employed (I assume thats me, the British national having exercised treaty rights in another eu country), and I assume this section refers to my time as self employed in the eu country before returning to the UK with my wife?

Yes.

>> Jobseeker...does this refer to my time in the eu country exercising treaty rights/...or does it refer to whether or not I am a job seeker now in the UK, (which I am) ??

This is part of the exercising treaty rights section which are for non-UK people exercising treaty rights in the UK (in employment, job seeking etc). As I said, the form is not designed for Singh but I guess you can use this section for your treaty rights in the UK. Just make that clear in the cover letter.

--EEA2 RESIDENCE CARD APPLICATION FORM (version 06/2011):
1. SECTION 6 - YOUR EEA NATIONAL FAMILY MEMBER (SELF EMPLOYMENT)
>> I assume this refers to exercising my Treaty Rights as per Singh in the eu country (obviously but just to be sure!)?

Yes.

>>SECTION 8 - 8.2 Seeking work: I assume this refers to exercising my Treaty Rights as per Singh in the eu country as 'an other qualified person' (and not what I am currently doing in the UK i.e.- seeking work)?

Not exactly. As I wrote - this is for non-UK exercising treaty rights in the UK as job seekers. Singh doesn't cover job seeking in the EU country.

>>SECTION 11 - AS EVIDENCE OF RELATIONSHIPS:
I have a apostilled Marriage Certificate. Thats all I should need right? because I see under that (which i assume is another option to provide evidence of relationship), there is 'Proof of Residence': utility bills, tenancy agreement, etc....well I have the Marriage Certificate...so have to assume then that the application is good to go without needing to provide all those other things?

You also need to provide proof that both of you reside in the UK.

--RELATED QUERIES:
1. Just before I moved back to the UK, I changed my business address within the same eu country, but did not close it. I did not close the business because I'd like to explore the possibility of keeping it for a while. Also if for any unknown reason there are complications with the application, I have somewhere to return to, to try and make a living.

...is this a problem for singh route? Is there the possibility they may say this shows that I have not moved back permanently? Surely if I've gone to all the trouble and effort setting up the business I should be entitled to keep it, and run with it from the UK?

Don't think so and any way - no one will check if the business is closed now or not.

2. so while in the Uk I received some work to be done by the eu business....so from the uk I've billed a small amount for a small job in euro (not GBP). Would it be wise to submit this invoice along with the other invoices proving I have exercised my Treaty Rights in another eu country?

I would not.

3. Do I need to insert any details about my existence in the UK, such as work seeker/ NI number (which I've just got)/ freelance work, utility bills, proof of address, etc.?
If so, why?
If so, where on the form?

Yes. This is the proof of residence required. Just add the relevant evidence to the application.

[greatscott]

great, thanks