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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
If his job was to make the country inhospitable to migrants, he was doing well. From the OP's account, I fear he will now to be suspended for several weeks at least, at least until he gets his CoA. The employer's excuse for the OP expires at the end of the month, and the office has planted a worry in his employer's mind that he isn't allowed to work - to be technical, that the OP's wife is not a qualified person.Wanderer wrote:Or maybe the OP was being defensive and/or aggressive, and the Officer was just doing his job?
Indeed, even if EU law did not override British law, I don't think it would even have a basis in British law. The British definition of effective work is heading for a basis on pay, not hours.Obie wrote:... what he said has no real basis in EU LAW
Thing is though, we only have one side of the argument, the big issue when responding to posts here - the OP will have bias and let's face it, it won't be totally 100% unbiased. When I did my law degree we were taught to base our opinion of all the facts, not just the complainant, all relevant. We don't know all sides, so fair to say we don't know anything really apart from someones perception. I've never practised law though so I'm no expert.Richard W wrote:If his job was to make the country inhospitable to migrants, he was doing well. From the OP's account, I fear he will now to be suspended for several weeks at least, at least until he gets his CoA. The employer's excuse for the OP expires at the end of the month, and the office has planted a worry in his employer's mind that he isn't allowed to work - to be technical, that the OP's wife is not a qualified person.Wanderer wrote:Or maybe the OP was being defensive and/or aggressive, and the Officer was just doing his job?Indeed, even if EU law did not override British law, I don't think it would even have a basis in British law. The British definition of effective work is heading for a basis on pay, not hours.Obie wrote:... what he said has no real basis in EU LAW
Thank you Obie....what you say is true probably I won't be having the guts to complain to any one.Obie wrote:You must complain about the ignorance and the offensive manner in which the officer treated you.
He was only seeking to intimidate you. He had no right to do what he did and all what he said has no real basis in EU LAW.
Thank you Wanderer.......probably yes I was defensive..and its true that officer was doing his dutyWanderer wrote:Or maybe the OP was being defensive and/or aggressive, and the Officer was just doing his job?
Yeah wanderer its definite that there would be bias as its my perception, probably from the officers point of view he was doing his duty.Wanderer wrote:Thank you Richard, employer per se....nothing has been planted as he had discussed with his soliciter regarding my employment and etc. But he suggestied one thing that is submit EEA2 ASAP.Richard W wrote:If his job was to make the country inhospitable to migrants, he was doing well. From the OP's account, I fear he will now to be suspended for several weeks at least, at least until he gets his CoA. The employer's excuse for the OP expires at the end of the month, and the office has planted a worry in his employer's mind that he isn't allowed to work - to be technical, that the OP's wife is not a qualified person.Wanderer wrote:Or maybe the OP was being defensive and/or aggressive, and the Officer was just doing his job?Indeed, even if EU law did not override British law, I don't think it would even have a basis in British law. The British definition of effective work is heading for a basis on pay, not hours.Obie wrote:... what he said has no real basis in EU LAW
Thing is though, we only have one side of the argument, the big issue when responding to posts here - the OP will have bias and let's face it, it won't be totally 100% unbiased. When I did my law degree we were taught to base our opinion of all the facts, not just the complainant, all relevant. We don't know all sides, so fair to say we don't know anything really apart from someones perception. I've never practised law though so I'm no expert.
To balance this up, I've been chatting on another forum with someone who works for UKVI, or says he does (I think he does) and he's the most dearly beloved, bigoted homophobe ever, how he holds down a job there I've no idea.
I am cynical, but I'm none of those things!
There is no obligation on you to carry your passport around.arya_uk wrote:As I was not carrying Passport they made me to get my NI, passport including my wife's and daughters and enquired regarding work status of my wife, for which I said she is working part time that is 5 hours/day in a nursery Since March 1st 2016, for this the officer said, she has to work full time to exercise her treaty of rights.
And about my application for residence permit, for which I mentioned, as we have not got salary slips of three months hence not submitted, to this he said you need to apply or else you can be deported for not having valid residence permit.
They took my wife's number and spoke to her few minutes.
And also were asking about our accommodation for which I said as of now we are staying with our relatives and do not have any tenancy agreement, later they noted address and number of relative with whom we stay, and said next time when they visit they want me to have residence card.
...
Ref https://www.gov.uk/apply-for-a-uk-resid ... d/overviewYou don’t need to apply for a residence card as a family member but it can:
- help you re-enter the country more quickly and easily if you travel abroad
show employers you’re allowed to work in the UK
help prove you qualify for certain benefits and services
Yeah Richard, Officer was right on his part to urge to get a residence card probably he was advicing in bitter toneRichard W wrote:To be fair, urging Arya_UK to get a residence card was probably the right thing to do, though the threat should have been dismissal rather than deportation. Or perhaps there is a real threat looming? If the pattern we see now with non-EEA family members suddenly realising they can't get permanent residence persists, the current immigration bill could see people's salaries being confiscated as proceeds of crime.
I'm wondering though, were the officer's words something like, "Get a residence card pronto, or you'll be out", where "out" meant "out of this job", and was misinterpreted as "out of this country"?
Is there any guidance on the trade-off between the number of payslips obtained and when to submit? Does just submitting one payslip seriously risk getting a negative CoA? There's time for a longer series to be submitted before the proper review - or is there deliberate idle time in the EEA2 process?
Thank you @ WiseWise wrote:In your own interest nope not enough.
If it's full time work yes you may proceed including a contract of employment. You should be fine.