Untame, i am sorry to read of your predicament.

One thing though, is your eea spouse not exercising any treaty rights? When you filled the application form did you state that you were the sponsor and provide your payslips, bank statements e.t.c?

 

Since they moved processing to Liverpool, they really seem to have a lot of caseworkers who do not know what they are doing. When your situation is taken into considerations, both incomes count. So even if your wife is not working, as long as you earn enough for both of you, that is ok.

Now technically there is the question whether your wife is "working" or "self sufficient". Since she is not working, but she has sufficient income, I would probably argue for self sufficient. But this is really a technicality. The main point is that you are not depending on public funds (benefits).

So has your application been rejected? If so, you have to find out the reason, and you will have to counter that reason (and that reason only). You may want to get a solicitor for this.

Tom

 

Re: response to rejection!

Mate did you apply for FMRS before?

Have you got any other visa on your passport?

which country are you from?

Thanks

Manish

 

Re: response to rejection!

That's pointless, although he has already indicated he had family permit when he applied for his Residence Card but it is not a requirement under Council directive 2004/38/EC. For me, the best course of action will be for him to apply for a medical insurance for his family except him because he is working and contributing towards his NI. Hsa.co.uk is good because he can do it online and usually get the certificate withing 10 working days and send it to the the BARMY caseworker and at the same time look for a part time job for his spouse. That way he will be preserving his right of residence and as soon as his spouse finds a job, cancel the medical insurance direct debit and send the evidence of the employment to the caseworker without the need to fill out EEA1 application form. EASY!
Should the BARMY caseworker decides to refuse the application before
his spouse finds a job, he shouldn't panic he will be given a right of appeal. Contend the decision and a date will be fixed in advance, by the court hearing, his spouse will have gotten a job if he try hard. Take the evidence of employment to court and I bet the learned JUDGE will allow his appeal and order Jacqui Smith staff to issue him with the confirmation. EASY! Because there is a case law that gives the tribunal the legal right to accept POST DECISION evidence.There is no need to submit EEA1 form as he intends to do as that may prolong the decision or confuse the caseworker the more as she is already confused! Regarding what the caseworker said about his right to work if the application is refused is untrue. He will continue to have right of residence until all appeal rights are exusted which obviously he has not. So dude, be pro-active and you will have the last laugh. Good luck!

 

Re: response

Hi mate one question, how you get a family permit? was it 6 months duration?

tc

 

COA request.

Hi there,

Can someone really tell me what HO is up to?I have been waiting for close to six weeks no respond from HO.I am actually grounded with no legal framework.I dont have anything doing but to sit and check my post box every second.
I need some advice,please.

Cheers.

 

Hey Njangah, what sort of documentation are you waiting for? If an EEA residence card, when did you apply and have you gotten your COA?

 

EEA2,waiting for COA

Hi Plum07,

I applied for EEA2 residency card, sent my application on the 29.04.2008 and tracked the mail and saw that it was delivered on the 30.04.2008 ,even called and was confirmed the application came in but has not been recorded into the system.My EEA permit got expired May ending,i have been grounded since then.
Please, sort me out of this mess.

Cheers.

 

Re: EEA2,waiting for COA

Any luck with the HO this week?

 

Re: EEA2,waiting for COA

Hi Plim70,

So far no word from HO as yet.I dont know what they are up to.

 

Re: reply

Untame, having sent those off I reckon you should get your residence card in about 3 weeks. That the HO requested them means that a case worker is already working on your application.

 

Re: EEA2,waiting for COA

They are working but at snail's groove. How long has your application taken now? 6 1/2 months? A guy in another forum contacted the HO in Liverpool after 6 months had elapsed (stating the obvious) and they apologised and assured him that a Snr case worker will be closing off his application in 20 days.

You may want to try Liverpool again...

 

One more thing People, I am leading this topic in another forum and am trying to mobilize people so that we can lodge a joint petition with the European Parliament. You may want to be part of the movement or simply read other people's experiences. Please follow this link: http://www.ukresident.com/forums/index.php?showtopic=70485&st=0#entry140708

 

Re: Plum70..

I am more hopeful than confident! But from what I have read elsewhere it does take about that time.

Let us all know when the good news pops through your postbox ok?

Cheers