Lawful residence requirment - evidence?

[bdb303]

Just a few questions about the lawful residence requirement and evidence needed for section 3.

My wife is a family member of an EEA national (myself) . So she has been coming in and out of the UK without getting stamped since she received her residence permit. So that would probably mean that she has to supply the other evidence and that the passport will not suffice?

My wife can show P60s for all years, however there were two periods of several months where she was unemployed. Is that a problem? Would she need to show some other form of evidence to cover those months? Are council tax bills going to cut it, or is bank statements the way to go?
Thanks.

[Jambo]

Although RC holders don't get their passport stamped, in practice the passport on its own is normally enough to prove residence (the HO don't insist on additional evidence). If she wish, she can add her P60s.

[bdb303]

Cool, thanks for the reply. Intuitively you would think that lawful residence would require you to show bills etc. that you've been living in the UK. It doesn't make sense to me that they can see that from a passport, when you've mostly not been stamped going in and out of the country.

[Jambo]

True although one can argue that utility bills don't prove anything. Anyone can be added to the bills and you can still get bills while you are out of the country. If they wish, the HO have their own ways to find out your whereabouts.

[bdb303]

That's true. Still think I'll just add her P60s just to be safe. Thanks again.

[bdb303]

One more question. We will be applying for British citizenship without my wife having obtained EEA4 confirmation of PR. We have a straightforward case as I have been working for the entire 6 year period so can easily prove that I have exercised treaty rights. In that case, would it be important to establish that my wife has been living here for the past 6 years through bank statements, P60s etc.? Sorry I just cannot get over the fact that a passport will cover this?

[Jambo]

One more question. We will be applying for British citizenship without my wife having obtained EEA4 confirmation of PR. We have a straightforward case as I have been working for the entire 6 year period so can easily prove that I have exercised treaty rights. In that case, would it be important to establish that my wife has been living here for the past 6 years through bank statements, P60s etc.? Sorry I just cannot get over the fact that a passport will cover this?

It is important to establish her presence. It seems that the nationality team (dealing with naturalisation) are more relaxed on the supporting evidence required than the European cases team (dealing with EEA application). As said, if she wish just add her P60s.