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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
That's s a good point. I am not really sure, it should not be so difficult to get a Residence Card unless they became stricter lately.vinny wrote:
if Italy's immigration laws for spouses are more stricter than EEA free movement rights.
14th of October 2014.vinny wrote:
When did you initially arrive in the UK?
That is what we supposed when applied, but how to prove that I am a part-time worker? I do not receive payslips, they do not accept my contract as proof, not even the bank receipt with the transaction of my salary of October! They might deny the evidence for years like this.
European Economic Area (EEA) family permits wrote:However, if the EEA national is yet to arrive in the UK, or is residing in the UK within the initial three month period of residence, there is no requirement for the EEA national to provide evidence they will, in future, exercise free movement rights.
vinny wrote:Note also:European Economic Area (EEA) family permits wrote:However, if the EEA national is yet to arrive in the UK, or is residing in the UK within the initial three month period of residence, there is no requirement for the EEA national to provide evidence they will, in future, exercise free movement rights.
Because this process might take months and me and my wife cannot afford it with money and time. Also staying so far for so long is a torture.357mag wrote:First of all dont leave, you are here legally so why should you.
Sure? According to what vinny posted no, but the British Regulations 2006 article 12 says like that. This is another unclear aspect to me.357mag wrote: For first 3 months here you dont need to even be working, you just need to prove you are resident by copy of rent agreement/letter from landlord.
I have provided my contract and my British bank account receipt with the transaction of my salary, more than this? Should I have proved that I am residing too?357mag wrote: Your wife just needs to apply mentioning she is joining EEA citizen who is exercising treaty rights.
No she was not. She had it from a previous refusal for a Tier 5 Visa for an Erasmus Placement (another story). And we submited it, we were not sure if it was required.Directive/2004/38/EC wrote:Why did your wife get a TB test? Was she required to do this?
I do not hold any agreement from landlord, this is another issue for the moment I cannot get it. I am living in a house for a short let and I have been doing it from October because we were waiting for another visa before the family permit. I have a part-time job, in London it is not easy to get a contract when you do not have a high salary and references.357mag wrote:The only reason given for refusal is no evidence of being in UK.
This can be proved by rental contract or letter from landlord.
You should send a copy of this evidence and ask for a reconsideration.
MarcoGvantsa wrote:vinny wrote:Note also:European Economic Area (EEA) family permits wrote:However, if the EEA national is yet to arrive in the UK, or is residing in the UK within the initial three month period of residence, there is no requirement for the EEA national to provide evidence they will, in future, exercise free movement rights.
That is true, but they rejected her because of Regulation 12, so because I am not residing. It is even more ridiculous then.
MarcoGvantsa wrote:your spouse is currently residing in the UK in accordance with the EEA regulations as qualified person, or that he is exercising his treaty rights.
Did they really think that you submitted your application for a NINO from outside the UK?MarcoGvantsa wrote:However, there is no evidence that your spouse took up this employment and there is no evidence that your spouse was in the UK when he submitted his application for a NINO”.
Directive/2004/38/EC wrote:All you need is some proof that you are presently working for 10 or more hours per week.
Yes, I have already asked it and I will get both a letter from my employer and my payslip. I can also provide the receipt from the Job Centre Plus of when I had the interview for the NINo.Directive/2004/38/EC wrote: Do you have a pay slip from your present job? Can you get a letter addressed to UKVI from your employer that says you are presently working?
No, we did not inform them, unfortunately I did not keep the ticket to London dated 14th of October. It was a mistake I guess, but I thought that the contract of employment was enough to prove that I am in the UK.vinny wrote:
Did she inform them when you initially arrived in the UK?
We applied stating that she intends to stay for 6 months, while "In this case, the clearly expressed intention of the Respondent and his spouse was to visit the UK for two months. They proposed to undertake a simple, time limited family visit."Obie wrote:
Also see Bali (Family member: 3 month visit : Syria) [2013] UKUT 570 (IAC) (28 October 2013)
Directive thank you very much for the answer, now the situation is much clearer and matches what Vinny and Obie said. As I understood I am in a middle situation, working with possibility of exercising my treaty rights but still in the first three month period.Directive/2004/38/EC wrote:You arrived in October, so you have been in the UK for less than 3 months. There is no requirement that you be doing anything specific in the first three months. (I misunderstood when you had arrived and mistakenly said you needed to provide proof that you were working, but this was corrected by Obie and vinny).
Only after 3 months you either need to either be working, or you need to be self sufficient.
Also, your wife can stay with you for as long or short as she wants. A weekend visit is fine, or the rest of your lives. You do not need to fill in an answer to that question, and even then it does not matter.
Directive/2004/38/EC wrote:You can immediately reapply. Include a cover letter that explicitly points out that you have been resident in the UK for less than 3 months, and so do not need to provide any evidence that you are exercising your treaty rights. You can (I would say should) include information about which flight you arrived on (flight no, date, airport) and tell them they can verify it in their systems if they need to.
Thank you again Directive, I will modify the letter and add it.Directive/2004/38/EC wrote:I personally tend to like even stricter, but what you have written is clear and should be fine.
I would list, explicitly, the documentation or evidence that you are including with the application
1. Italian passport for Jose
2. Canadian passport for Maria
3. Mariage certificate
4. Flight infomation for initial entry of Jose into UK
5. This cover letter
6. etc
I used my electronic passport at the automatic gate. I passed it on the reader, there should be trace that I have come to the UK. I asked to check it, I hope they will do it.Directive/2004/38/EC wrote: Did you enter the UK using your passport, or your national ID card?