Advice on EEA4 application when working part-time

[amira87]

Hi all

I am a Hungarian citizen and my husband is Zimbabwean. He was issued a Residence Card for a family member of an EEA national that is going to expire in January 2015. I have read over the EEA4 application form, which I assume my husband will need to fill in, only to realize majority of the information is all about the EEA family member. I have lived in the UK since 2006, for the first 3.5 years worked full-time. Then I became a full time student in 2010 till 2014 but I have been continuously working part-time for the past 5 years. I wish to use my working status on the application form (not mentioning that I was a student) however I am worried they will question how I was able to support my husband from part-time employment. Obviously, my husband has also had jobs in the past 5 years but the form does not ask about his employment history...

Has anyone ever been refused because the EEA family member was only a part-time worker in the past 5 years?

I would appreciate any answers.

Thank you

[andresp]

you should send as well his p60s and payslips, if you were a student, what you need is to have a all risk insurance, you can buy one from Bupa otherwise you will be in trouple. the more the merrier, what they need to see is that you are not claiming benefits

[amira87]

Hi

Thanks for your reply. I did not want to mention on the application form that I am a student because I was not aware until up to now that I needed a comprehensive sickness insurance. Nobody ever told me about it, I saw no leaflets, adverts or any other kind of information about this so I never had a private insurance. Besides, all my time in the UK (8 years) I have been working either full-time or part-time, paying taxes and NI. So I assumed that covered everything. Anyway, in response to your message, I would rather use my status as a worker on the application form to avoid any potential incidents... The form does not ask to provide information about my husband's employment so I do not know if I should send any documents such as payslips, P60s on his behalf? If I do send such documents on his side, should I include everything from the past 5 years? Also, due to personal circumstances he has been in and out of employment so there are gaps in his employment history. I do not know how that affect the home office's decision on our application..

Anyway, any advice would be appreciated.

thank you

[chaoclive]

Being a part-time worker is ok, but pls let us know how many hours (roughly) you were working. If it is something like 5 hours per week that would lead to rejection; if it is about 13+ I've seen that this can work (at least for EEA2).

[amira87]

Thanks for the response. For the most part I worked at least 15 hours per week, sometimes more. However, there was 1.5 year when I was a relief worker with a zero hour contract and because of that my hours fluctuated. Even though, I worked every single week in that period but sometimes less than 15 hours, sometimes more. Should I provide evidence from my husband's employment history as well? As I mentioned in an earlier thread, he has been in and out of employment because he suffered a very severe injury... So I would be scared to go down the route of even mentioning his employment history at all.

Thanks again

[chaoclive]

The Home Office isn't interested in his employment. They are focused on proof of your employment (or other treaty rights). Do you have payslips for all your work in the last 5 years? If so that's enough!

It won't matter that the contract was zero hours as long as you were working more than that. About 15hrs should be ok.

Hope some others will also come along to confirm this but I have seen people working 13hrs/week getting an EEA2 for their spouses.

Good luck!

[amira87]

Thank you, your response shed some hope . I have all my payslips from the past 5 years, but as I mentioned earlier, there was a period when my monthly salary fluctuated between about 250-500 pounds a month and I do not know if that looks sufficient enough in the eyes of immigration officers when we hand in my husband's application. Do you think I should also mention on the application form that apart from working in the past 5 years I was also a full-time university student? However, I did not have the comprehensive sickness insurance, so perhaps this is not a good idea...

[chaoclive]

I don't think it will be an issue as they're not actually looking at home much money you made. They just need to see that you are exercising treaty rights in the UK by working/being self-employed/studying with CSI or being self-sufficient with CSI. As you have been a part-time worker at about 15 hours per week for 5 years, you shouldn't have any problems.

Mentioning your student status may confuse then and, therefore, might complicate things. Forget it...

Why not apply for EEA3 for yourself first? If they give you that then they will be more likely to give your spouse EEA4. I think it makes sense and it only costs 55GBP! Consider it.

When are you going to apply for EEA4?

I'm sure you will get some other answers soon - come on other members! Any ideas?

Good luck

[amira87]

Okay, this sounds like a good idea. I could possible apply for myself first filling in the EEA3 form, but my husband's Residence Card is expiring in January 2015. I believe we will have to hand in his application sometime end of December or early January, right? How long is the processing time for the EEA3, about 6 months? I just don't want to risk not getting my passport back before we have to sort out my husband's application...What do you think? Have you applied for any of these documents yourself? What was your experience?

[chaoclive]

They are allowed to take 6 months to process EEA3, but they often complete it much quicker, some people have even got it in a month! You will definitely have your passport back in time for his application in January.

Here is some info on processing times in 2012: https://www.gov.uk/government/publicati ... plications (a little old I know but it shows that at that time processing times were at about 80 days and the process has been speeded up since then).

I haven't applied for any of these by myself as we are only at the EEA Family Permit stage at present. We are moving to the UK in July/August but I have been reading up on all of this and know roughly how it works.

Please remember to take photocopies of everything that you send them for the EEA3!

[amira87]

Thanks again for the advice. I decided I will go ahead with the EEA3 application for myself first. Do you think it is wise to send my national ID card instead of a passport? I know on the guidance notes it states either passport or national ID. I don't have utility bills under my name since it was my husband who has been paying them, as he was working full-time and I was working part-time...If I just send bank statements, P60s, P45s and a few copies of my pay slips from each year, do you think it will be enough?

Thanks again

[chaoclive]

National ID or passport both are fine. Doesn't matter.

That sounds good! You could also consider sending any of the following bills/letters: internet/sky tv/council tax/water/electricity/mobile phone bill or letters from your employer/the library/doctor etc?

Should be fine! Good luck!

[amira87]

Okay, thank you. My latest tenancy agreement is misspelled...I have corrected it by hand and signed it so they know it is me who corrected it. Do you think this will be an issue? Should I try to get a new tenancy agreement?

Also, we have none utility bills in paper format...we have everything online, and nothing is under my name. The same with the council tax, because I have been a student so it is only my husband who has been paying it. So I can only provide bank statements and tenancy agreements as a proof residency/ address, I hope that will be sufficient enough.

Thanks for all your response by the way.

[chaoclive]

The bank statements should be fine I guess. In the future, you might want to put one bill in both of your names - that would be a good idea.

RE: The contract: I'm really not sure how they would deal with it. I probably wouldn't put it in if you think they might have doubts. You will have enough with your bank statements/P45/P60/a few pay slips from different months throughout each year.