Family members do not have to prove employment for EEA2 applications, it is only their EEA sponsor who has to prove exercising of Treaty rights, so you do not have to submit anything at all related to your employment. Since you got your EEA Family Permit under Regulation 9 (Surinder Singh case law),...

It's not called ILR in your case, it's known as Permanent Residence (EEA4). You can only apply EXACTLY 5 years from the date of your arrival in the UK, presuming you were already married when you arrived in the UK or if not you at least arrived on an EEA Family Permit. NO you most certainly cannot a...

Amazing, I can't believe it. So your wife got her Family Permit on the basis of self-sufficiency in Spain, is that right? I am shocked as the UK has not implemented Case C-456-12 O & B yet and is still insisting on Brits being workers and fulfilling "centre of life" criteria. I am surp...

If you are not going away immediately after your redundancy, I would recommend registering with Jobcentre Plus even if it's only for a week. It's probably overcautious but I do know that in the Directive that while you are still present in a host State that unless you register with the relevant empl...

It's not a problem to apply for an EEA2 Residence Card straight after marriage, however it might sometimes either result in you and your partner being called in for separate interviews to check that you are a genuine couple, or occasionally caseworkers outright refuse with accusations of sham marria...

The Home Office policy of 2 years co-habitation cannot be set in stone - at least that is how some UK immigration judges see it.

The 2 year requirement is only Home Office policy and not EU law which doesn't define it. Member States can be lenient if they want to be such as Bulgaria for example who allows automatic entry to unmarried non-EU partners of EU citizens. This UK judge in Upper Tribunal ruled that the Cameroon partn...

Even if your wife is a Permanent Resident (PR), you would still have to prove that she was PR. Obviously if she had an EEA3 PR card and you had a copy of it, then for ROR you would not need to prove that she was exercising Treaty rights during the divorce proceedings, although you would still have t...

The Home Office has the power under s.40 of the UK Borders Act 2007 to assist in getting evidence from HMRC that your wife has been exercising Treaty rights (i.e. tax and National Insurance records). As Amber said, you or your solicitor could ask the Tribunal to direct the Home Office to get this ev...

I may be wrong but I assume by your username that you are Polish? If that is the case it's EEA3 that you apply for and not EEA4 as that is for non-EU family members of EU citizens. Since you were still on a proper contract, then you have nothing to worry about when applying for your EEA3. By the way...

I'm sorry to hear what's happened to you. I'm afraid if you've been married for over 3 years and have spent at least 1 year as a married couple in the UK and if you are both economically active during the divorce proceedings, your husband can retain a right of residence in the UK. Your husband must ...

Were you still under contract for the 4 months? Were you still entitled to paid sick leave and holiday leave? Were you still registered on PAYE? If so, your work had all the indications of "genuine and effective" work, which means you retain worker status.

A badly-trained Lithuanian immigation officer I'm afraid. I don't know if you can be bothered but you could complain to the Lithuanian government immigration authorities and also to the European Commission . An Article 10 Residence Card issued by whichever EU country is most certainly valid for trav...

No harm in trying, wish you luck with your application.

To be honest I don't think 5 weeks of work is going to cut it. I'd work at least 5 weeks more so that at least you would be covered by Ninni-Orasche case law (Case C-413/01) which rules that 10 weeks of work could be considered "genuine and effective". True, Case C-456/12 O B only requires...

I would wait until your spouse has at least one wage slip as that is what it mentioned on page 21 of the EEA2 application form. It's just that UKVI caseworkers get a bit funny when you don't have wage slips, even though I think a work contract and/or an employers' letter should be good enough.

No, they won't retain your passport if your BC application fails, they'll just simply return your passport to you (minus the £900 you paid). Why are you worried about submitting another EEA4 application? It will have no affect on your EEA2 whatsoever if that is what you are worried about. This is be...

For what, EEA4 applications? You can always ask for your passport back through this link without it affecting your application.

Point them to Article 5 of Directive 2004/38 which says Residence Cards allow visa-free travel throughout the EU. They're not supposed to be stamping the passports of family members with RCs, but never mind. Each Member State has to transpose the Directive into their national legislation, so no doub...

I recommend applying for EEA4 first as it's only £55. This is because you have to submit the very same proofs for British Citizenship (BC) as you had to for EEA4, and if the Home Office thinks you haven't met the requirements of PR, they can fail you and you would lose the £900 you paid for the BC a...

Congratulations on getting your EEA2 . It's much easier to get an EEA2 than an EEA4. At least you can keep your job now which is good news. You can now apply for EEA4 if you wish, but at least you don't have to worry about your job now.

Nearly half of all Residence Card applications were refused/rejected between April to September 2013. I would be so bold as to extrapolate from that to say that basically nearly half of all RC applications are currently being refused/rejected. I think that is a disproportionately high number of refu...

Hapy you got it in the end

Report says there are a high amount of refusals down to supposedly "sham" marriages. What the report doesn't tell you is how caseworkers come to such a conclusion and on what basis. I don't trust the judgement of caseworkers, not when I've seen so many laughable errors in law and mistakes ...

It appears to be just a small amount of WTC a week. In light of that I don't think it could be proportionately argued that such a small amount could be a "burden" on the social assistance system. It seems harsh.