question 2.4 & 2.5 EEA nationals exercising EC Treaty Ri

[walidukdz]

Hi I am stuck in this question as I don't know whether to leave if blank or to fill in. (check my signature for clarification )
both my wife and I are applying end of July
My EEA wife would have had her PR sticker for over a year.(dated 13 july 2012) do i have to write again about her in 2.4 and in 2.5 or shall I leave it black because she would have has a year PR ?
I got my Automatic 1 year PR 15 july 2013.but the sticker I would have to wait til 29 october 2013.

[Plum70]

Your wife does not need to fill in the sections 2.4 & 2.5 because she already has PR confirmation.

As for you, enter the date of automatic PR acquisition in section 1.3 and include an explanation on page 13 (under 'further information') along the lines of (tweak to personalise):

"As the non-EU family member of a qualified EU national who has legally resided in the UK for over 5 consecutive years, I automatically acquired permanent residence on xx/xx/2012 in accordance with Article 18 of the EU Directive and have held this permanent status for one year to date (xx/xx/2012 - xx/xx/2013)."

You may also wish to add:

"An application confirming PR is an optional administrative formality which only serves to confirm ones acquired PR status."

[walidukdz]

Thank you very much for clarification .so my EEA Won't fill
2.4 and 2.5 . How about me ! Despite the fact I was working for a continuous 6 years . The basis I was in the UK is because married to an EEA member who was exercising treaty right . Do I have to write about all her employments again, leave it blank or write that EEA hold 1 year PR Sticker ? In which case treaty right is no longer needed as evidence.

[Plum70]

You do not need to fill in those sections either. Your wife's PR confirmation should be sufficient to prove that you have also attained PR.

[Jambo]

Thank you very much for clarification .so my EEA Won't fill
2.4 and 2.5 . How about me ! Despite the fact I was working for a continuous 6 years . The basis I was in the UK is because married to an EEA member who was exercising treaty right . Do I have to write about all her employments again, leave it blank or write that EEA hold 1 year PR Sticker ? In which case treaty right is no longer needed as evidence.

I'm guessing you will apply before 1 year after the PR issue date (to avoid the extra English requirement from October 2013). In that case you will need to provide evidence your PR was obtained before. Your partner PR card and evidence of your residence (5 years ending at least 1 year before applying) would do the trick. I would skip 2.4-2.6 but would add on Page 13 about your case. I would also add that you have applied for PR in June (after 5 years) but it was only granted in October due to HO backlog.

[walidukdz]

Thank you very much for clarification .so my EEA Won't fill
2.4 and 2.5 . How about me ! Despite the fact I was working for a continuous 6 years . The basis I was in the UK is because married to an EEA member who was exercising treaty right . Do I have to write about all her employments again, leave it blank or write that EEA hold 1 year PR Sticker ? In which case treaty right is no longer needed as evidence.

I'm guessing you will apply before 1 year after the PR issue date (to avoid the extra English requirement from October 2013). In that case you will need to provide evidence your PR was obtained before. Your partner PR card and evidence of your residence (5 years ending at least 1 year before applying) would do the trick. I would skip 2.4-2.6 but would add on Page 13 about your case. I would also add that you have applied for PR in June (after 5 years) but it was only granted in October due to HO backlog.

You are guessing right . Unfortunately my PR sticker would be one year just one day after the new law 28th October ! Anyway I am thinking to include 6 of my P60 s and my wife PR . Hopefully that should be enough.

[walidukdz]

Thank you very much for clarification .so my EEA Won't fill
2.4 and 2.5 . How about me ! Despite the fact I was working for a continuous 6 years . The basis I was in the UK is because married to an EEA member who was exercising treaty right . Do I have to write about all her employments again, leave it blank or write that EEA hold 1 year PR Sticker ? In which case treaty right is no longer needed as evidence.

I'm guessing you will apply before 1 year after the PR issue date (to avoid the extra English requirement from October 2013). In that case you will need to provide evidence your PR was obtained before. Your partner PR card and evidence of your residence (5 years ending at least 1 year before applying) would do the trick. I would skip 2.4-2.6 but would add on Page 13 about your case. I would also add that you have applied for PR in June (after 5 years) but it was only granted in October due to HO backlog.

as i m skipping section 2.4- 2.6 I was wondering what to put on page 13 in short words to explain my case ?

[walidukdz]

hello guru please can anyone confirm . can i not fill 2-4 2-6 and add in page 13 2.4-2.6 my spouse held PR confirmation for over a year.
Is this sufficient?

[Jambo]

Not sure what your are asking. Your question has been answered twice by two different people. If you are still not satisfied with the answer, you can pay for professional advice.

[walidukdz]

I'm guessing you will apply before 1 year after the PR issue date (to avoid the extra English requirement from October 2013). In that case you will need to provide evidence your PR was obtained before. Your partner PR card and evidence of your residence (5 years ending at least 1 year before applying) would do the trick. I would skip 2.4-2.6 but would add on Page 13 about your case. I would also add that you have applied for PR in June (after 5 years) but it was only granted in October due to HO backlog.
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sorry for not making myself clear . i just wonder what to add relating my case . highlighted in red above.

[Jambo]

Just explain your case - Your wife (and you) have acquired PR on June 2012. Your wife PR Card confirms that she has held PR status for more than 1 year. You (as her family member) who has been living together with her in the UK during the 5 years also obtained PR more than one year ago.

You can use the text Plum70 wrote in her post a few lines up (see here) and as I said, you can add a line stating that you have applied in June 2012 for PR Confirmation (after 5 years) but it was only confirmed in October due to HO backlog.

[walidukdz]

thanks and sorry for being a pain in the neck .