Urgent Case, Please Help

[kbridge]

Dear all,

I really need your advice, so please if anyone could help I'll appreciate that very much.

My case:

* I first came to the UK 02/2012 under student Visitor Visa (visa was for 11 months) I left the UK on July 2012 after getting my IELTS results.

* Then I came back to the UK under Tier 4 Visa 10/2012 (Visa was for 16 months with 20h/w work right "expired 28 Feb 2014") under college CAS (I was doing an MBA programme).

* I'd applied for a new Tier 4 Visa (to do an MSc Hospiotality with same college CAS but this time i got no work rights) on 24/02/2014 (4 days before my visa expires) so I got my new visa is valid from 24/02/2014 to 30/06/2015.

I'm in a relationship with a EEA national since 02/2013 and we are living together since 09/2013.

We got married on 19/04/2014.

My EEA national partner was doing a training from 01/2013 to 05/2013 in a coffee shop under a Europian programme. then continuing same programme at an accommodation company from 06/2013 to 07/2013 (that was a training under a europian programme so she have no payslips or NIN).

she is registered with Jobcenter plus as a jobseeker since 10/2013 till now (she is receiving jobseeker allowance) she started working part-time a month ago (between 10 to 20 hours per week as a housekeeper) that means she still getting jobseeker allowance as she has a low income (about £400 per month).


The question I would love to ask you guys pls are:

* as we are married now (but I don't have work rights on my current student visa & she is working part time and receiving jobseeker allowance as she earns £400 per month) >> Am I allowed to work as a EEA national family member before sending my application to Home office?

** Is my wife considered exercising treaty rights (she is working part time and receiving jobseeker allowance as she earns £400 per month)?

*** Does her current situation allow me to apply for the family member visa? or should I do something concerning this?

**** I have a problem which is I didn't change my previous address with the police (I'm required to register my new address with the police every time I change it and I forgot to do so), we have our separate bank statements to prove the previous address and for the current address we have the tenancy agreement and the bank statements to prove we are living together.


Please guys I need your help. it is really complicated in my head

[kbridge]

Please guys I need your help, no one could spend 5 minutes to give me an answer??

[357mag]

As an EEA she is execising treaty rights to be here EEA2 should be ok but you are right that you can work without it.

Congratulations on the marriage.

[Hubba]

* as we are married now (but I don't have work rights on my current student visa & she is working part time and receiving jobseeker allowance as she earns £400 per month) >> Am I allowed to work as a EEA national family member before sending my application to Home office?

Yes, you are allowed, since your spouse is exercising Treaty Rights as worker, I believe. It may be difficult for you to prove such right to any prospective employers though, without having the EEA2 residence card.

** Is my wife considered exercising treaty rights (she is working part time and receiving jobseeker allowance as she earns £400 per month)?

Yes, I believe, as long as she has the required documentation showing her employment (pay slips, letter from employee, etc.).

*** Does her current situation allow me to apply for the family member visa? or should I do something concerning this?

Yes, you should be able to apply for an EEA2 Residence card.

**** I have a problem which is I didn't change my previous address with the police (I'm required to register my new address with the police every time I change it and I forgot to do so), we have our separate bank statements to prove the previous address and for the current address we have the tenancy agreement and the bank statements to prove we are living together.

This shouldn't be a problem at all. What matters is for you to satisfy the UKVI that your marriage is genuine, if required. This isn't really difficult for someone involved in a genuine relationship.

[kbridge]

As an EEA she is execising treaty rights to be here EEA2 should be ok but you are right that you can work without it.

Congratulations on the marriage.

Thanks a lot mate. I really appreciate your help.

[kbridge]

* as we are married now (but I don't have work rights on my current student visa & she is working part time and receiving jobseeker allowance as she earns £400 per month) >> Am I allowed to work as a EEA national family member before sending my application to Home office?

Yes, you are allowed, since your spouse is exercising Treaty Rights as worker, I believe. It may be difficult for you to prove such right to any prospective employers though, without having the EEA2 residence card.

** Is my wife considered exercising treaty rights (she is working part time and receiving jobseeker allowance as she earns £400 per month)?

Yes, I believe, as long as she has the required documentation showing her employment (pay slips, letter from employee, etc.).

*** Does her current situation allow me to apply for the family member visa? or should I do something concerning this?

Yes, you should be able to apply for an EEA2 Residence card.

**** I have a problem which is I didn't change my previous address with the police (I'm required to register my new address with the police every time I change it and I forgot to do so), we have our separate bank statements to prove the previous address and for the current address we have the tenancy agreement and the bank statements to prove we are living together.

This shouldn't be a problem at all. What matters is for you to satisfy the UKVI that your marriage is genuine, if required. This isn't really difficult for someone involved in a genuine relationship.

Thanks a lot for the helpful information mate. I have a last question if you don't mind please.

I will send my application and I'm gonna include the following documents:

^ EEA2 Application form
+ My passport
+ My wife's national ID
+ Our Marriage Certificate
+ My Biometric Residence Permit (BRP) (Student Tier 4 Visa)
+ My Bank Statement (for the period from September 2013 to December 2013) As proof of our previous address
+ My wife's bank statement (for the period from September 2013 to December 2013) As proof of our previous address
+ My Bank Statement (for the period from December 2013 till now ) As proof of our current address
+ My wife's bank statement (for the period from December 2013 till now) As proof of our current address
+ Join Tenancy Agreement (both of us) since December 2013.
+ My wife's Payslips (we got just 2 payslips)
+ My wife's Work contract with her current employer
+ My wife's Jobcenter Documents and Jobseeker allowances letters (If I should do so)
+ some of our marriage photos (by the way her parents and brother and employer were present and I hope this will show that our marriage is a serious one)
+ Some previous photos we have
+ Emails exchange from February 2013.



**** she used to be joint in my personal bank account (from December 2013 to February 2014) then we decided to take her off and now we want to create a new joint account (The last bank statement that shows that we used to have a joint account is dated 20th February 2014) >> Can I send this bank statement as well with my application?


**** I worked before, so should I include my payslips?

**** Should I include my degree and academic transcripts in the file?

**** Should I include my wife's (Professional Certificate that she got after her training here in London From January 2013 to July 2013)?

Please guys if any one could help me with my case and which documents should I include that will be great.

Thanks a lot in advance.

[Hubba]

Thanks a lot for the helpful information mate. I have a last question if you don't mind please.

I will send my application and I'm gonna include the following documents:

^ EEA2 Application form
+ My passport
+ My wife's national ID
+ Our Marriage Certificate
+ My Biometric Residence Permit (BRP) (Student Tier 4 Visa) NOT NEEDED
+ My Bank Statement (for the period from September 2013 to December 2013) As proof of our previous address
+ My wife's bank statement (for the period from September 2013 to December 2013) As proof of our previous address
+ My Bank Statement (for the period from December 2013 till now ) As proof of our current address
+ My wife's bank statement (for the period from December 2013 till now) As proof of our current address
+ Join Tenancy Agreement (both of us) since December 2013.
+ My wife's Payslips (we got just 2 payslips)
+ My wife's Work contract with her current employer
+ My wife's Jobcenter Documents and Jobseeker allowances letters (If I should do so) NOT NEEDED - since you're applying as with her as worker, not jobseeker
+ some of our marriage photos (by the way her parents and brother and employer were present and I hope this will show that our marriage is a serious one)
+ Some previous photos we have
+ Emails exchange from February 2013.

**** she used to be joint in my personal bank account (from December 2013 to February 2014) then we decided to take her off and now we want to create a new joint account (The last bank statement that shows that we used to have a joint account is dated 20th February 2014) >> Can I send this bank statement as well with my application?

You can send such statement just as proof of relationship. It's a plus, but not a mandatory document.

**** I worked before, so should I include my payslips?

No. You should only send documents related to her job. You need to prove that she is exercising Treaty rights. Your working situation is irrelevant if she is exercising Treaty Rights as worker.

**** Should I include my degree and academic transcripts in the file?

No.

**** Should I include my wife's (Professional Certificate that she got after her training here in London From January 2013 to July 2013)?

No. It doesn't make any difference. What matters is here and now. Is she working? Good. Show them that and you're good.

Please guys if any one could help me with my case and which documents should I include that will be great.

Thanks a lot in advance.

Group the docs this way:

ID and forms:

^ EEA2 Application form
+ Your passport
+ My wife's national ID

Relationship:

+Marriage Certificate;
+Bank statements for your joint accounts (both previous and current - you're not presenting such documentation to prove funds, but to establish the relationship);
+Proof of address (Tenancy Agreement and ,most likely, the bank statements again - again to establish the relationship)
+Photos (Some people here would say not to send - I'd say send them. It wouldn't hurt to show that you guys are together for a while already).

Treaty Rights evidence:

+Her payslips;
+ Her job contract;
+ Letter from Employer - You're going to need this.

With these documents, your application should be complete.

[kbridge]

Group the docs this way:

ID and forms:

^ EEA2 Application form
+ Your passport
+ My wife's national ID

Relationship:

+Marriage Certificate;
+Bank statements for your joint accounts (both previous and current - you're not presenting such documentation to prove funds, but to establish the relationship);
+Proof of address (Tenancy Agreement and ,most likely, the bank statements again - again to establish the relationship)
>> Concerning this point as I said before: we have separate bank statements to same address (From September 2013 till December 2013), then I joined her into my account (Both names from December 2013 till February 2014). So now we have separate accounts and we gonna create a new joint account (as we want that each one of us to have his own account and for our common spending we gonna create a joint account tomorrow). Should I wait till I get the new joint account statements or I can send my application without it

+Photos (Some people here would say not to send - I'd say send them. It wouldn't hurt to show that you guys are together for a while already). >> what about emails exchange, should I send some to them?

Treaty Rights evidence:

+Her payslips; >> we have just two payslips is it fine? (as she started working on 24/03/2014)
+ Her job contract;
+ Letter from Employer - You're going to need this. >> Concerning this case should I ask her to ask her employer to provide her with such letter? as I don't know how it should be.

Concerning her Jobseeker Allowance (She still receiving Jobseeker allowance as she works less than 16 hours per week in general "earning around £350 per month), will this affect considering her exercising treaty rights? (Earning around £350 per month and receiving Jobseeker allowance at the same time)?

With these documents, your application should be complete.

I really appreciate your HELPFUL INFORMATION MATE, Wish you all the best in your life. and I apologize for your time.

[Hubba]

Group the docs this way:

ID and forms:

^ EEA2 Application form
+ Your passport
+ My wife's national ID

Relationship:

+Marriage Certificate;
+Bank statements for your joint accounts (both previous and current - you're not presenting such documentation to prove funds, but to establish the relationship);
+Proof of address (Tenancy Agreement and ,most likely, the bank statements again - again to establish the relationship)
>> Concerning this point as I said before: we have separate bank statements to same address (From September 2013 till December 2013), then I joined her into my account (Both names from December 2013 till February 2014). So now we have separate accounts and we gonna create a new joint account (as we want that each one of us to have his own account and for our common spending we gonna create a joint account tomorrow). Should I wait till I get the new joint account statements or I can send my application without it

No need to have a joint account. The bank statements are more to show you guys in the same address then anything. You don't even need to have a joint account.

+Photos (Some people here would say not to send - I'd say send them. It wouldn't hurt to show that you guys are together for a while already). >> what about emails exchange, should I send some to them?

No need for email exchanges. You can always present later if needed (which won't probably be).

Treaty Rights evidence:

+Her payslips; >> we have just two payslips is it fine? (as she started working on 24/03/2014)
+ Her job contract;
+ Letter from Employer - You're going to need this. >> Concerning this case should I ask her to ask her employer to provide her with such letter? as I don't know how it should be.

This should be a simple letter stating that she is currently employed by such company, since <start date>, earning whatever she's earning.

Concerning her Jobseeker Allowance (She still receiving Jobseeker allowance as she works less than 16 hours per week in general "earning around £350 per month), will this affect considering her exercising treaty rights? (Earning around £350 per month and receiving Jobseeker allowance at the same time)?

You don't need to present her benefits' earning, neither will this affect your/her application. She's exercising her Treay rights as worker, and receiving welfare benefits doesn't interfere with the her Treaty rights as worker (please see item 1.3 of https://www.gov.uk/government/uploads/s ... pter12.pdf and page 22 of https://www.gov.uk/government/uploads/s ... 0_0EXT.pdf.

No need to apologise, mate, just sharing good info.