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Discussion Starter #1 (Edited)
Hello everybody.

My friends from Estonia asked me to help them to apply for permanent residence. I noticed tha eea3 form dramatically changed. Now it is called eea Eea (pr). Buy still eea regulations 2006 did not change
He is Estonian national. She is Estonian national as well. Married. Both residing in UK more than 5 years. He is working. He is supporting her. 2 children.

The questions are

1. As I understand there are 2 routes how she can obtain pr. The first is as family member. In this case she need to put in the family member section on page 20 that she is spouse of the sponsor and also fill the section 4, the section 11 and appropriate sections regarding sponsor. In this case she dis not need to reside during 5 years in UK (or does she?). Add a proof of marriage she need to supply marriage certificate

2. The second route is as qualified person living for 5 years in UK. In this case she does not need to fill the section 4, does not need to put that she is spouse of the sponsor in family partner section on page 20 and does need to fill in section 9 not for her sponsor, but herself putting that she is self-sufficient person. Right? In this case she need to wrote that she was supported herself by her husband, provide bank statements for her husband and written confirmation from her husband that he was supporting her. Right? And also she need to prove 5 years residency
So in this case she will receive different pr. And in these 2 cases pr will look differently. In the first case it will be written that she qualifies as family member, in the second case "independently", so that as qualified person.

3. I want to ask what are the advantages between these 2 options. I think the second is better. Because in this case is better if there is a divorce. And is it better for obtaining British passport in future? Is it better if England will come out from Eu in 2017? Will these eea pr will be relevant or not?

4. Now regarding children. They can also qualify as family members and section 12 need to be fill in but ALSO (?) they can be qualified "independently" (not as family members) as qualified persons (self-sufficient persons under eea reg). Why not? There are no age restrictions to qualify as self-sufficient persons. Right? In this case children (aged 5) do not put that they are decedent children in the family member section on page 20 and does not need to fill in section 4 and section 12. But need to fill in section 9 as self-sufficient persons.
In this case they need to provide 5 years of residence. This is difficult. As the children are not on tenancy agreements. The only might be GP surgery, school.
The other thing is self-sufficient? If the parents are on child tax credit at present, child benefit. And used to be on working tax credit and housing benefit and council tax support it might be obstruction to count as self-sufficient person. Is in the guide is written that the person should not receive less the amount where the person is qualified for benefits, in this case personal circumstances will be counted.

So are there any advantages of filling in the form for children in this way? Like better chance to qualify for British passport in future for the children? Or in case England will come out from EU?

PS I understand that maybe nobody filled in the firm in this way, but I cannot see any legal objections that might be relevant in this matter. But stil lin the case Oof children they might refuse, but withregards of wide i think she might be acceptedas qualified self-sufficient person. Any opinions?

Romans
 

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I think you are overthinking. 'Family member' in the regulations chiefly relates to non-EEA family member, whose residence in UK depends on their EEA partner/parent etc being a qualified person. In case of EEA citizens - including Estonians - they just need to live in UK for 5 years under EU regulations. For example, for a family of Estonians, if the husband is in work, he becomes the qualified person and his wife and children as dependants will benefit, and after 5 years, all can receive confirmation of permanent residence. Remember, they don't need to get a document to grant them permanent residence - they automatically acquire it, and Home Office document simply confirms it - it doesn't confer any extra rights. Of course there are advantages in holding documentary proofs of permanent residence, including when it comes to applying for naturalisation, which isn't governed by EU rules but purely by UK legislation, and naturalisation is always discretionary, never a right.
Remember the new 127-page form is 'one-size-fits-all' and encompasses a whole range of people, most of which aren't relevant to your application. So read the form carefully and only complete the sections that apply.
 

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Discussion Starter #3
Hello. Thank you for response, but still unclear.

They all have been living for 5 years in UK. And I do not understand how is better - to fill the form for wife as family member or as qualified self-sufficient person?

How is better for children to fill in the form as dependants under 21 (section 12) or as self-sufficient qualified persons (omit section 12)?

And can you answer please what will be written in pr document in the first case and in the second case (will they look different)?

Thanks, Romans
 
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