# EEA (PR) eligibility and Section 2 & Section 11



## mekk (Jan 9, 2013)

Hello all,

I have some questions about EEA(PR) application;

I am a Non-EEA citizen living with my girlfriend/EEA citizen since October 2009. 
June 2013, my girlfriend got her residence certificate (EEA1 app) and I got an EEA family permit visa (unmarried) (EEA2 app) valid for 5 years expiring in 2018
Now it has been almost 7 years since October 2009 that we are living together and my girlfriend is exercising her EEA treaty rights..

We were wondering whether or not:

Q1: she can apply for EEA (PR) permanent residence card as she has been in the uk for continues 7 years exercising her EU treaty rights as an EEA citizen?

Q2: if Q1 is yes, can she add me as a family member as we have been living together during the qualified period, even though I already have an EEA family permit till 2018? Can I overwrite the current permit and get a permanent residence permit or do I need to wait until the visa is about to expire?

Q3; If Q1 and Q2 are yes; do we need to fill in EEA (PR) Section 2 and Section 11? (She will be the main applicant as an EEA citizen and I will be added in her application as a family member)

We would be grateful if anyone could help on these questions. Thank you in advance for any input.


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## vijaykrishna (Sep 16, 2012)

Dear Mekk,

Did you find any information in regards to your questions? I am in similar situation and would appreciate any advise.

Kind regards,
Vj


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## mekk (Jan 9, 2013)

Hi Vj,

Unfortunately no one seems to know the answer. But will update this thread if I find the answer in somewhere else.

Good luck..


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## Joppa (Sep 7, 2009)

What kind of visa or permit were you on between 2009 and 2013? Were you living in UK?


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## mekk (Jan 9, 2013)

Thanks Joppa,

During that period I was on tier 4, and then tier 1 post study work visa. 
Yes I lived in the UK since March 2009. Always had an appropriate visa during my stay and never left the UK more than 7 weeks in any year since then. 

My partner lived in the UK since May 2009. She studied in the first 7 months and then was employed in a permanent position since then and never left the UK more than 8 weeks in any year.

If the details of visas I was on make difference, I listed them in details below;
Tier 4 student visa : Mar 2009 – Nov 2009 (first entrance to the UK) 
Tier 4 student visa : Nov 2009 – Sep 2010 (extension)
Tier 4 student visa : Sep 2010 – Dec 2011 (extension)
Tier 1 work visa : Dec 2011 – June 2013
EEA family permit : June 2013 - present

I hope you can guide me on this matter..


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## vijaykrishna (Sep 16, 2012)

Hi Both,

I am in similar situation. I came in 2005 to study masters (student visa: aug 2005-nov2006) then in post study work visa (nov2006-nov2008). Later I started my research degree so back to student visa nov2008-may2013. May 2013 to present residence permit. Married in 2012 aug, my wife (EEA citizen) was student back then (2009-13) and after uni in 2013 she works full time. 

Hope this helps.

Cheers,
Vj


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## mekk (Jan 9, 2013)

vijaykrishna said:


> Hi Both,
> 
> I am in similar situation. I came in 2005 to study masters (student visa: aug 2005-nov2006) then in post study work visa (nov2006-nov2008). Later I started my research degree so back to student visa nov2008-may2013. May 2013 to present residence permit. Married in 2012 aug, my wife (EEA citizen) was student back then (2009-13) and after uni in 2013 she works full time.
> 
> ...


Hi Vj, it seems that you can also apply for a settlement on the basis of your long residency in the UK as you have been legally living in the UK for more than 10 years.
Have a look at the link below:

https://www.gov.uk/settle-in-the-uk


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## Joppa (Sep 7, 2009)

Yes, you seem to be eligible for permanent residence card. The two crucial conditions are: 
a) you have lived together with your EEA partner for 5 years continuously in UK; and
b) your partner has been a qualified person throughout the 5 years.


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## mekk (Jan 9, 2013)

Joppa said:


> Yes, you seem to be eligible for permanent residence card. The two crucial conditions are:
> a) you have lived together with your EEA partner for 5 years continuously in UK; and
> b) your partner has been a qualified person throughout the 5 years.



Thanks Joppa for your reply. 

Yes seems to comply with the crucial conditions you mentioned:fingerscrossed: 

However, i have just seen the below in the guidance notes.



> EEA(PR): guidance notes_Section 11 -_Page10_
> *If you’re applying as the unmarried (durable) partner of an EEA national, you must show that you
> have been living together in a relationship similar to a marriage or civil partnership since you were
> last issued with a registration certificate or residence card in this category.*


What does it mean by ".. since you were last issued with a registration certificate or residence card in this category"? Does "residence card in this category" mean only EEA kind residence cards or any residence documents like Tier 4 or 1 that i had? I am afraid it does sound like i need to have an EEA family permit throughout the last 5 year qualified period 

Sorry for raising more questions, it seems this issue is becoming more complicated.

By the way, regarding my 3rd question in the first post, I think I figured it out. So she will be the main applicant as a qualified EEA citizen and I will be added in her application as a family member. So no need to fill up Section 2 as there is no sponsor. However as it suggests in Section 3.2, we need to fill up Section 11. Even though Section 11 description mentions about Section 2 sponsor, no need to get confused with that and should tick the third option in 11.1 question and carry on the application.


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## Joppa (Sep 7, 2009)

What kind of visa you have been on is immaterial, though if you have been here illegally, you can be turned down on public policy ground - undesirable. It helps if you have been on residence card for 5 years (and most applicants for PR have it), as it proves you have been here as family member of EEA citizen, but not even residence card is a required document, provided you can show in other ways you eligibility under EU rules.


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## mekk (Jan 9, 2013)

Thanks Joppa for your replies. 

Yes you are right, even though the application form and guidance notes always emphasise on EEA residence card should be hold throughout the qualified period, thist should not be a must since even the application form is not required for EEA PR applications. 

As long as the relationship is genuine and over 5 years, it should not be matter whether you have EEA residence permit or other type of visa, or even none during the relation.

Thanks again!

we will get prepared and apply next month, let`s see how it will go.. will update here once it is conluded..


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## Niz221 (Feb 11, 2016)

Hi mekk, i have the same situation, i have the same questions to ask, what u find for ur Q1, Q2 and Q3.


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## mekk (Jan 9, 2013)

Hi Niz221, 

As Joppa explained Q1 and Q2 are YES  

As far as i understand, if EEA national lives in the UK for continuous 5 years, he/she can apply for permanent residency, regardless of when she/he got the first EEA1/residence certificate document. 

And when they are applying for the permanent residency, the non-EEA national can be included. However, i am still not sure whether i would get the permanent residency as i have already a EEA family permit visa till 2018. They might just say; ..wait until 2018, but lets see.. 

we already applied for EEA PR (EEA national main applicant, non-EEA added as a family member) last week on the 4th Feb, havent received any confirmation yet.

Anyway, Q3 was the tricky one, as the EEA PR is very confusing when the main applicant is EEA national and included non-EEA family member in the same app. We did not fill Section 2, but filled up Section 11 by choosing the third option: _"I’m currently the unmarried or same-sex partner of the relevant EEA national, I’m in a durable...."_... 

However some questions, that seems to be important to answer, refers to a sponsor in section 2, but we just answered them and put a post-it paper on those pages to explain our situation..

I guess the case worker will understand our situation with those post-it notes and also our cover letter. You should do the same i guess, write down a cover letter stating clearly your situation and also when you have a doubt in the application form, put a post-it note..

God luck!!


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## Joppa (Sep 7, 2009)

You can't expect case worker to be so charitable and understanding. Incorrectly completed application form usually results in rejection.


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## Niz221 (Feb 11, 2016)

Hi mekk, thanks for ur information, is there any chance to provide me cover letter please, and did u send all photocopies and any other pictures together like wedding or just normal?


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## Niz221 (Feb 11, 2016)

And one thing more i want to ask u or joppa, she got all the employment details for the last five years but she dont have any thing before that although we just mentioned the dates,where she was working etc. She got only p45 for the year 2010 and 2011. And than self employed from feb 2011. Does it really matter?


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## Joppa (Sep 7, 2009)

No. She just needs full details and documents for the last 5 full years.


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## mekk (Jan 9, 2013)

Joppa said:


> You can't expect case worker to be so charitable and understanding. Incorrectly completed application form usually results in rejection.


I meant if there is a genuine confusion and want to clarify your situation better as the given section is not enough, i think you can add an additional information with a post-it paper or separate sheet. 

Also even the EEA application guidance says it is not mandatory to use the EEA app form at all, therefore I think you can expect flexibility for EEA applications.



Niz221 said:


> Hi mekk, thanks for ur information, is there any chance to provide me cover letter please, and did u send all photocopies and any other pictures together like wedding or just normal?


Nizz, as we are unmarried couple, the main reason for cover letter was to prove that we are in genuine relationship for the past six years providing quite personal details. It would not be really valid and helpful for your case as you are already married, you dont need to provide such details. But yes we provided 4 pics a year since 2009, and also some of our holidays pics. (just put 4 pics in one powerpoint page and printed in a basic A4 paper, not proper shiny print out pictures)



Niz221 said:


> And one thing more i want to ask u or joppa, she got all the employment details for the last five years but she dont have any thing before that although we just mentioned the dates,where she was working etc. She got only p45 for the year 2010 and 2011. And than self employed from feb 2011. Does it really matter?


Try to send original documents, if not explain why you dont have it. As below, they recommend you need to provide at least 2 letters a year. I think P45 and some letters from HMRC for self-employment should be fine.



> *Evidence of residence in the UK* _(from EEA PR guidance - Page 3, Section 5)_
> You must show that you, your family members, and your sponsor (if applicable) have been living in
> the UK for the relevant period.
> If you’re applying on the basis of 5 years’ continuous residence, the evidence must cover the 5-
> ...


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