Post
by pochaco » Sun Jan 10, 2016 2:49 pm
I have read through the forum and it helped me a lot understand our situation, but I would be very grateful if you could advise me about my concrete problem.
I am an EEA national who came to the UK in February of 2008 and started working immediately.
In May of 2009 I was issued by the Home Office with a Residence Certificate for EEA nationals.
In June of 2009 I fell severely ill and was on Statutory Sick Pay until it ran out at the end of January of 2010.
Since February of 2010 I am on income-based Employment and Support Allowance. I also received Disability Living Allowance and now I am receiving Personal Independence Payment.
In October of 2014 I met a non-EEA woman on a dating site. I visited her in December of 2014. She visited me for a couple of weeks in the UK in March 2015. We got married in her non-EEA country in August of 2015. In November 2015 she came to the UK as a visitor and since then she lives with me. I have informed the Department for Work and Pensions about her presence and about my marriage and I am still waiting for the benefit reassessment form they said they would send me.
My wife did not apply for EEA Family Permit for 2 reasons. 1. In her country there is no British embassy and she could not have obtained a visa to attend an interview in the neighbouring country where the British embassy is located. 2. After reading many horror stories about rejecting EEA Family permits on the base of suspecting marriage of convenience, we thought it would be better applying for an EEA Family member residence card via EEA2 from within the UK, when we are already able to demonstrate cohabitation.
In January 2016 I applied for Permanent Residence Certificate for my myself. In my understanding I have retained worker status as someone who is temporarily incapacitated due to illness. Apart from my wage slips, P60, P60U, bank statements, benefit award letters, utility bills, tenancy agreements, I also enclosed my medical consultant's letter confirming that my health problem, in spite of its long duration, is temporary and I will be able to return to work in the future.
Now, my 2 main questions are:
1. Will I get the Permanent Residence Certificate?
2. If I get the Permanent Residence Certificate, will my wife be able to successfully apply for the EEA Family Member Residence Card given that I am on income-based ESA and PIP?
I appreciate your help and advise. Thanks a lot.