RC: EEA sponsor just started work - wait for payslip or not?

[frida123]

Hi guys,

I really need some help. I am in a similar situation. I would like to submit my application two weeks before my husband starts working, is it possible? He has a contract and he can get a letter from his employer.

I am considering not to wait for his first payslip and send the application before. I have read that some people got COA without the right to work, in the case that they did not send payslips. I am fine with no right to work but I really need to get RC. My question is if I submit the application now and send the first payslip later, will I get the residence card?

Thanks a lot in advance!

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[noajthan]

Hi guys,

I really need some help. I am in a similar situation. I would like to submit my application two weeks before my husband starts working, is it possible? He has a contract and he can get a letter from his employer.

I am considering not to wait for his first payslip and send the application before. I have read that some people got COA without the right to work, in the case that they did not send payslips. I am fine with no right to work but I really need to get RC. My question is if I submit the application now and send the first payslip later, will I get the residence card?

Thanks a lot in advance!

If hubby is not working then he is not a worker.
Maybe he is still a jobseeker?
Is he registered as a jobseeker? Does he have evidence of jobseeking?

It seems too early to apply until your spouse has a clear status in one or other category of qualified person. And enough documentary supporting evidence to prove it.

If not and you apply too early your application faces refusal which will delay you more.
What's the rush anyway?

[frida123]

Hi Noajthan,

Thanks a lot for your help! I really appreciate it. Sorry for the confusion in my description. My husband has recently got a job, which starts on 1st July. So he can get a working contract and a letter from his employer. I am in a hurry to apply for RC, since my student visa is going to expire and I would like to have RC when I start searching for jobs after I graduate. Some additional information: we have lived together in UK for almost 4 years and married for 3 years.

I understood from your reply that probably I should send application after my husband starts working. However, I would like to do it early in July before his first payslip, which will be issued at the end of July. Can I send the application without payslip and send it later when we get it?

Thanks a lot.

[noajthan]

Hi Noajthan,

Thanks a lot for your help! I really appreciate it. Sorry for the confusion in my description. My husband has recently got a job, which starts on 1st July. So he can get a working contract and a letter from his employer. I am in a hurry to apply for RC, since my student visa is going to expire and I would like to have RC when I start searching for jobs after I graduate. Some additional information: we have lived together in UK for almost 4 years and married for 3 years.

I understood from your reply that probably I should send application after my husband starts working. However, I would like to do it early in July before his first payslip, which will be issued at the end of July. Can I send the application without payslip and send it later when we get it?

Thanks a lot.

Its up to the caseworker to decide.
They will work with the information in front of them.
They are unlikely to ask for any more evidence. If the evidence is lacking they will simply refuse.

A couple of payslips would surely make the case stronger.

[frida123]

Hi Noajthan,

Thank you so much for your quick reply! I understand your point.

I am actually in a dilemma, since when my husband will work in a different city and I will need to stay with my university, living in a temporary accommodation (I will move to different shared houses). So we will be living separately for a few months until I finish studying. I think that situation may make the application look more complicated. That is why I wanted to send the application now, because we have proofs of the current address for more than two years.

I really don't know what to do now. Any opinion is appreciated!

[noajthan]

Hi Noajthan,

Thank you so much for your quick reply! I understand your point.

I am actually in a dilemma, since when my husband will work in a different city and I will need to stay with my university, living in a temporary accommodation (I will move to different shared houses). So we will be living separately for a few months until I finish studying. I think that situation may make the application look more complicated. That is why I wanted to send the application now, because we have proofs of the current address for more than two years.

I really don't know what to do now. Any opinion is appreciated!

Under EU law (which is what applies here) it is not necessary for married couples to cohabit.

The best thing to do is to apply when you have enough good documentary supporting evidence;
that gives you most chance of success.

[frida123]

Hi Noajthan,

Thank you so much for your quick reply! I understand your point.

I am actually in a dilemma, since when my husband will work in a different city and I will need to stay with my university, living in a temporary accommodation (I will move to different shared houses). So we will be living separately for a few months until I finish studying. I think that situation may make the application look more complicated. That is why I wanted to send the application now, because we have proofs of the current address for more than two years.

I really don't know what to do now. Any opinion is appreciated!

Under EU law (which is what applies here) it is not necessary for married couples to cohabit.

The best thing to do is to apply when you have enough good documentary supporting evidence;
that gives you most chance of success.

Thanks. I think you are right. My only concern is that I will not have a stable address, possibly moving among between residence and shared rooms. And I do not want to update the address too frequently, as I have read that changing the address could make the returned passports get lost. Can I use my husband's address in London? I am not in the contract (I wanted to add to the contract after moving to London) but several utility bills will be under my name. Is it ok to do so? Or do I need to provide the first residence address I will stay?

[noajthan]

Thanks. I think you are right. My only concern is that I will not have a stable address, possibly moving among between residence and shared rooms. And I do not want to update the address too frequently, as I have read that changing the address could make the returned passports get lost. Can I use my husband's address in London? I am not in the contract (I wanted to add to the contract after moving to London) but several utility bills will be under my name. Is it ok to do so? Or do I need to provide the first residence address I will stay?

No need to worry or overthink this.

Wherever you live in the meantime make sure you generate a papertrail,

And see EEA FM form:

1.18 Your name and address for all correspondence in the UK

[frida123]

Thank you so much, Noajthan!

Have a nice day:)

[manu_uk]

Hi,
In my case we sent no pay slips, but a letter from the employer stating that the EU citizen was working.
We had no problems so far.
Regards
M.

[frida123]

Hi,
In my case we sent no pay slips, but a letter from the employer stating that the EU citizen was working.
We had no problems so far.
Regards
M.

Hi Manu,

Thank you so much for sharing your experience. That is good news, since I really want to apply as soon as possible. May I ask whether you have received coa with right to work? Have you sent pay slips later?

[noajthan]

Hi Manu,

Thank you so much for sharing your experience. That is good news, since I really want to apply as soon as possible. May I ask whether you have received coa with right to work? Have you sent pay slips later?

HO doesn't take any prisoners in this area.

There is still a difference between someone 'going to be working in the near future' and 'is (was) working now'.

What is the status of the applicant until work actually starts? They won't be a worker
Can they show they are a jobseeker or even a self-sufficient person? (with CSI)

[frida123]

Hi Manu,

Thank you so much for sharing your experience. That is good news, since I really want to apply as soon as possible. May I ask whether you have received coa with right to work? Have you sent pay slips later?

HO doesn't take any prisoners in this area.

There is still a difference between someone 'going to be working in the near future' and 'is (was) working now'.

What is the status of the applicant until work actually starts? They won't be a worker
Can they show they are a jobseeker or even a self-sufficient person? (with CSI)

I don't understand this sentence: "HO doesn't take any prisoners in this area."

My husband should not be qualified a job seeker, as he has already got a job. Anyway, I would like to send the application after he starts working in two weeks. But we hope we don't need to wait another month for the pay slips, because it would be nice to get all the documents back before travelling in Christmas. Asking for passports back is a bit troublesome.

We will need a bit more information about applying without pay slips before making a decision on when to send the application. Can we apply without pay slips and send them later? Will I get coa with working permit? If anyone has experience with this, would you please share it with me? Many thanks.

[noajthan]

I don't understand this sentence: "HO doesn't take any prisoners in this area."

...

We will need a bit more information about applying without pay slips before making a decision on when to send the application. Can we apply without pay slips and send them later? Will I get coa with working permit? If anyone has experience with this, would you please share it with me? Many thanks.

In this context it means: the HomeOffice are unlikely to be generous and make allowances. Based on experiences from forum and HO's own statements, they make their decisions based just on the evidence submitted; they only infrequently give anyone the benefit of doubt or make allowances.

For that reason I would caution against sending an incomplete bundle (as I have cautioned already).
There's no guarantee the vital follow up documents (eg payslips) will be put in your file or taken into consideration.

As a spouse you should get a COA confirming (not granting) a right to work but there's no guarantee.
For example, if a document is thought to be non-original you may well get a COA with no confirmation of right to work.