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Yes, apologies, it was the EEA spousal visa that I meant. Sorry just a bit flustered her via frustration.ohara wrote:Welcome![]()
Can you clarify EXACTLY what it is you've applied for at each step? If your wife is on the EEA migration route (which makes sense, as you are an Irish citizen), then she will have a residence card as a family member of an EEA national.
There is no "EEA spousal visa" or "temporary 5 year work permit".
Since 2008 I have worked a lot of temp roles. All of this has been sent off to the Home Office via our immigration lawyer, and I have been able to prove that I have exercised my treaty rights via employment. Being completely honest, I've had quite a few jobs / temps, jobs lasting 14 months etc but every portion of time I have been out of work I have been able to cover via job applications and I obtained official documents from the UKBA proving my time line. In fact we sent so much supporting documentation out case load was serious heavy! (lol) - but that was also part of having a very thorough immigration lawyer.noajthan wrote:Your dependent's activity in UK is immaterial; for those on EU trajectory it's all about the sponsor (Union citizen).
Treaty rights is not simply about the last 5 years. You may have acquired PR as early as 2013 (depending on what you have been doing in UK).
What is your timeline of activities in UK since 2008
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Can you also confirm you are not a dual citizen of anywhere else
God I think I'm losing the plot here......lolohara wrote:There is no such thing as an EEA spousal visa
Being a sole citizen keeps it all simple.AidoPotato wrote:Since 2008 I have worked a lot of temp roles. All of this has been sent off to the Home Office via our immigration lawyer, and I have been able to prove that I have exercised my treaty rights via employment. Being completely honest, I've had quite a few jobs / temps, jobs lasting 14 months etc but every portion of time I have been out of work I have been able to cover via job applications and I obtained official documents from the UKBA proving my time line. In fact we sent so much supporting documentation out case load was serious heavy! (lol) - but that was also part of having a very thorough immigration lawyer.
I am not a dual citizen to anywhere else other than my home land, Ireland where I was born. So we are hoping to obtain our PR cards by Feb 2017, as our application went out September, however I am preparing that it might take longer.
My main concern here is wondering whether the HMRC will grant my wife the right to be self employed during a pending application for her PR card; because as it stands right now, the Home Office are unwilling to say whether she can or cannot work; hence limbo
Thank you so much for your reply. You have all been so helpful herenoajthan wrote:Being a sole citizen keeps it all simple.AidoPotato wrote:Since 2008 I have worked a lot of temp roles. All of this has been sent off to the Home Office via our immigration lawyer, and I have been able to prove that I have exercised my treaty rights via employment. Being completely honest, I've had quite a few jobs / temps, jobs lasting 14 months etc but every portion of time I have been out of work I have been able to cover via job applications and I obtained official documents from the UKBA proving my time line. In fact we sent so much supporting documentation out case load was serious heavy! (lol) - but that was also part of having a very thorough immigration lawyer.
I am not a dual citizen to anywhere else other than my home land, Ireland where I was born. So we are hoping to obtain our PR cards by Feb 2017, as our application went out September, however I am preparing that it might take longer.
My main concern here is wondering whether the HMRC will grant my wife the right to be self employed during a pending application for her PR card; because as it stands right now, the Home Office are unwilling to say whether she can or cannot work; hence limbo
So you may have acquired PR in 2013; did you send adequate documentary supporting evidence since 2008?
If you do have PR (perhaps from as early as 2013) then your current activity (working or not) is immaterial;
no need to exercise treaty rights (eg by working) once you have PR.
So spouse has (should have) a right to work as the dependent of a settled person.
Your lawyer is incorrect or you have misunderstood her.AidoPotato wrote:Thank you so much for your reply. You have all been so helpful here
Our initial application for PM was rejected because I didn't send in adequate documentary supporting evidence which is why we have re-applied August / September of this year. The Home Office are telling us that until the application is accepted, they are unwilling to say whether my wife has or has not the right to work, and the family she worked for fired her because they were afraid that they would be find £20k for employing somebody who may not have the right to work.
We were under the impression that a Certificate of Application was enough for my wife to work tentatively until being accepted, but this isn't the case. I thought there used to be a period of grace while the Home Office file your application.
It's all so incredibly confusing and we have had so many conflicting pieces of information from the Home Office. One thing our lawyer was clear on, however, is that my wife doesn't have the right to work whilst we await the outcome of the application.
Wow....noajthan wrote:Your lawyer is incorrect or you have misunderstood her.AidoPotato wrote:Thank you so much for your reply. You have all been so helpful here
Our initial application for PM was rejected because I didn't send in adequate documentary supporting evidence which is why we have re-applied August / September of this year. The Home Office are telling us that until the application is accepted, they are unwilling to say whether my wife has or has not the right to work, and the family she worked for fired her because they were afraid that they would be find £20k for employing somebody who may not have the right to work.
We were under the impression that a Certificate of Application was enough for my wife to work tentatively until being accepted, but this isn't the case. I thought there used to be a period of grace while the Home Office file your application.
It's all so incredibly confusing and we have had so many conflicting pieces of information from the Home Office. One thing our lawyer was clear on, however, is that my wife doesn't have the right to work whilst we await the outcome of the application.
As long as you have acquired PR (or you are exercising treaty rights) then a direct family member has the right to work.
A COA is enough to confirm this.
(You don't have to possess a DCPR, you just need to have acquired PR).
Just because HO is unwilling to say or to confirm someone has a right to work does not mean they do not have that right.
You have the full weight and power of EU law behind you.
If biometrics have been filed by the applicant then any employer or potential employer can perform an ECS check.
See https://www.gov.uk/check-job-applicant-right-to-work
and
https://www.gov.uk/employee-immigration ... ent-status
As ever, the devil is in the detail.AidoPotato wrote:Wow....
This is startling, and thank you so much again for your help. The amount of conflicting information, but I am sure you guys hear this all the time! Sheessh....
My wife is actually going in tomorrow to submit her biometrics, so you feel that the best bet for us would be for my wife to tell a potential or future employer to do an ECS. I am probably wrong about this but we were led to believe that the ECS check could result in a vague response whether it informs the employer that the case is "pending" and so no further information can be given at this time.
Going by what you are saying, my wife lost a job minding little children over absolutely nothing!
Even though it is probable that I obtained PR in 2013, we didn't apply for my wife's PR because she still had her temporary permit. It took the home office 1.5 years to issue her a temp permit, so we didn't feel the need to apply for a permanent until that ran out in October 2015. After the PR application was made and rejected due to a lack of supporting documentation, we both realized that I had very little supporting documentation dating back to 2008, so we opted to just re-apply and supplied supporting documentation from 2011 to 2016.noajthan wrote:As ever, the devil is in the detail.AidoPotato wrote:Wow....
This is startling, and thank you so much again for your help. The amount of conflicting information, but I am sure you guys hear this all the time! Sheessh....
My wife is actually going in tomorrow to submit her biometrics, so you feel that the best bet for us would be for my wife to tell a potential or future employer to do an ECS. I am probably wrong about this but we were led to believe that the ECS check could result in a vague response whether it informs the employer that the case is "pending" and so no further information can be given at this time.
Going by what you are saying, my wife lost a job minding little children over absolutely nothing!
The application is not deemed active until biometrics is filed.
Its only valid to perform an ECS after that time. (Obviously leave a few days for information to work through the system).
If an employer follows the ECS procedure then they are in the clear (if they respect the outcome).
More here:
https://www.gov.uk/government/uploads/s ... nts_v5.pdf
Gotcha! Apologies and sorry for any confusionohara wrote:You need to correct your terminology to prevent confusing others (and yourself).
An EEA residence card is not a permit and it does not grant any rights. In fact as a direct family member, your wife automatically has the right to work as long as you are either exercising treaty rights or settled yourself. She does not need any documentation or "permit" to confer these rights; they are automatic under EU law. Obviously, proving her right to work is the difficult part and that's why the residence card exists.
It's not "temporary" either - the expiry date on the card is only for the card itself. Once the card expires, you simply renew it (or apply for permanent residence if eligible).
noajthan wrote:
Ok....so biometrics were done this morning
As ever, the devil is in the detail.
The application is not deemed active until biometrics is filed.
Its only valid to perform an ECS after that time. (Obviously leave a few days for information to work through the system).
If an employer follows the ECS procedure then they are in the clear (if they respect the outcome).
More here:
https://www.gov.uk/government/uploads/s ... nts_v5.pdf
https://www.youtube.com/watch?v=KgnIb5YW8J4noajthan wrote:Wonderful news. Glad you made it.
Thank you so much noajthan for all your help. Sheesh...more people need to read these boards. It cuts out so much crapnoajthan wrote:Wonderful news. Glad you made it.
Amen!ohara wrote:Congratulations. Hopefully a few years down the line, citizenship may be in the pipeline (and believe me, it's a good feeling when you get handed that certificate)