I am here with an immigration query concerning my application for an EEA Family Permit.
I have been in the UK since 2004 and I met my wife in may 2006. I am an Indian national and I was there on a student visa whereas my wife is a Polish National. We got married in New Delhi on the 28 of August 2008.
I applied for an EEA family permit on the 29th of August 2008 and have been awaiting a response since then from the British High Commission (BHC )in New Delhi, India.
They called me for an interview today and interrogated me for good 45 minutes whereupon they have referred my case back to the Home Office in London.
The reason being that they suspect that my wife has not been exercising the treaty rights in the UK. Now, I have got certain things to tell you which I indeed presented to the guy who took the interview. I insisted that she has been exercising the treaty rights.
The points are:
1. She incorporated an Employment Agency , a private limited company in June 2007 alongwith her partner and they are directors in this company. She is involved pert time in in developing and promoting this business but unfortunately there have been little revenues which have been reinvested back into the business . We have not yet got any audited accounts as it is still early to file them.
2. She has been self sufficient in meeting all her expenses in London. She gets the monies from her family investments in Poland.
3. She is an active jobseeker. She is registered which several job site in the UK.
She has never claimed any benefits from the UK government . She is not registered under the workers registration scheme as she incorporated this business in June 2007.
We intend to move back to London and even intend to invest sums to purchase a house there and live our lives.
I have been on a student visa in London since 2004 doing part time jobs and earning decent sums of money which can support us as a family. I am a qualified Finance Specialist and I am trainig to be a Chartered Accountant. My education is in the middle of this mayhem and I really wish to go back as my exams are scheduled for December.
Initially the BHC held onto the case stating that there were certain queries that were going on which took them all this time and now they refer this back to london to clarify whether my wife has been exercising treaty rights.
Is she exercising her treaty rights? What if she isn't? Can we apply under some other category?
Thanks and I will really appreciate your comments on this.