Surinder Singh and selfsufficient

[crystalpearl]

Hello there,
sorry if it's the wrong place to post my question, I do apologize
I sent my application to the HO on 20 June 2016,
Received a COA 20 Jul 2016,
Have been working since then,
today, I received a letter from HO asking for more evidence to my and my BC partner's residence in another EEA state,
they're asking for a response within 10 days which will be due next Tuesday as I received the letter late in post,

Please advise what to do as we only spent 3 months in the EEA state and my partner didn't work there but we were self sufficient,

We have a child together and we all lived in the member state, we have rent documents,
at the moment, I (the F, non-Eu) have a good job here in the UK and want to respond to the HO letter in the best way,
Thank you,

[Obie]

Well the regulations only started to include Self -Sufficient people since the 24 November, so it is hard to see if they can consider your self sufficiency under the criteria of the old rules.

[crystalpearl]

Thank you Obie,
what do you think I've to do?
I cannot leave my family and go away,
Can you highlight what to do please?
Appreciate,

[noajthan]

Hello there,
sorry if it's the wrong place to post my question, I do apologize
I sent my application to the HO on 20 June 2016,
Received a COA 20 Jul 2016,
Have been working since then,
today, I received a letter from HO asking for more evidence to my and my BC partner's residence in another EEA state,
they're asking for a response within 10 days which will be due next Tuesday as I received the letter late in post,

Please advise what to do as we only spent 3 months in the EEA state and my partner didn't work there but we were self sufficient,

We have a child together and we all lived in the member state, we have rent documents,
at the moment, I (the F, non-Eu) have a good job here in the UK and want to respond to the HO letter in the best way,
Thank you,

Welcome.

Even under cleaner, purer EU law, a 3 months sojourn in a.n.other EU memberstate is very short; and most unlikely to make the cut under the UK's somewhat controversial (and non-EU compliant) centre of life test.

Its unclear on what basis you could remain in UK as your SS gig is unlikely to be accepted.

[Obie]

Hello there,
sorry if it's the wrong place to post my question, I do apologize
I sent my application to the HO on 20 June 2016,
Received a COA 20 Jul 2016,
Have been working since then,
today, I received a letter from HO asking for more evidence to my and my BC partner's residence in another EEA state,
they're asking for a response within 10 days which will be due next Tuesday as I received the letter late in post,

Please advise what to do as we only spent 3 months in the EEA state and my partner didn't work there but we were self sufficient,

We have a child together and we all lived in the member state, we have rent documents,
at the moment, I (the F, non-Eu) have a good job here in the UK and want to respond to the HO letter in the best way,
Thank you,

Do you have evidence of residence in another state. I am surprised they are requesting documents. The Home office stopped several years back from seeking evidence. They simply refuse.

what is your child's nationality, and does your wife work in the UK ?

[noajthan]

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

[Obie]

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

It appears you missed his last post in the other thread.

[crystalpearl]

Thank you Noajthan,
It's a lovely place here, i mean in this forum as well as the UK

Please guide me what to do? do I've to respond to the HO letter?
What next? if there's refusal, do I've the right to appeal? Please guide me as I'm not aware of the HO reaction to different sorts of letters, also, I've a good job, will this help in any means?

my child is British as well as my wife,
I've a residence card issued from the EEA state and a Tax number there as well as in the UK (NINo) national insurance number,
I've photos to show our life and house in the EEA state with rental agreement and bills,
my wife doesn't work in the UK, but I do,

P.S.: yes Obie, sorry I missed that post, cheers

[Obie]

What proof of residence do you have in the other state, or do you not have any?

[crystalpearl]

Yes Obie, I've a residency permit (new card style) issued from the member state (genuine), sent the original to HO along with the application in June, returned to me along with our passports in August, as per my request

[Obie]

Yes Obie, I've a residency permit (new card style) issued from the member state (genuine), sent the original to HO along with the application in June, returned to me along with our passports in August, as per my request

Any utility bills, registration of tenency, medical insurance, that type of thing?

Does your current job earn you 18600 a year?

[crystalpearl]

Yes Obie I do have all that, was submitted already to the HO along with the application, still in their possession indeed,
my current job earns me more than 22k/yr

[Obie]

Well not sure why they ask you to provide these documents if you already provided them?

How did you prove self sufficiency in the other state?

[crystalpearl]

Just the fact that we didn't ask for benefits in the member state or anything was 1, I know it might seem generic,
Also, those were the basis on which the residency permit was issued in the member state when I went for the interview, I was asked regarding the means of living and I stated how much savings we had, we didn't put our money in a bank account there to be clear,

I really appreciate your response,

[Obie]

Your case is quiet a tricky one. You ought to think of a plan B. Without bank statement and evidence of self sufficiency or residence, things looks a bit tough .

[crystalpearl]

it's I agree,
so for step 1: what shall I do now?
respond to HO and mention that I already sent them all the evidence they're asking for,

Then what would a plan B Be? do I have to leave the country before I apply for a different visa or can I simply apply from within let's say for a Family life permit/residency, whatever it's called?

[noajthan]

it's I agree,
so for step 1: what shall I do now?
respond to HO and mention that I already sent them all the evidence they're asking for,

Then what would a plan B Be? do I have to leave the country before I apply for a different visa or can I simply apply from within let's say for a Family life permit/residency, whatever it's called?

You may have to go back to memberstate and repeat SS gig. Ironically, selfsufficiency is now recognised by UK as a valid SS lifestyle option, (since November).

Otherwise you have no obvious entry under EU rules as hubby is a BC and cannot normally sponsor you (unless you do SS again to make hubby a proxy EEA national);
however doing SS a second time may, under UK's November changes, 'give the game away'.

Alternately, switch to UK domestic rules and a spouse visa.

[crystalpearl]

noajthan thank you very much,

I'm afraid we cant leave back to a member state as I've a job here and we settled in a house and everything,
moving will be a no for us ATM,

if I may ask 1 last question, based on my current job n income,
can I still apply from within the UK? for a UK domestic visa thing, let's say family leave to remain,
as it's gonna be a disaster if I've to leave, substantial loses (emotional and financial)

[noajthan]

noajthan thank you very much,

I'm afraid we cant leave back to a member state as I've a job here and we settled in a house and everything,
moving will be a no for us ATM,

if I may ask 1 last question, based on my current job n income,
can I still apply from within the UK? for a UK domestic visa thing, let's say family leave to remain,
as it's gonna be a disaster if I've to leave, substantial loses (emotional and financial)

Start here:
https://www.gov.uk/remain-in-uk-family/overview

As you don't currently have 'leave' my understanding is you would apply from abroad.

Just wondering how you made it into the country in the first place - are you from a visafree country or did you get a FP?

[crystalpearl]

noajthan I didn't apply for a FP or anything,
I showed up at the airport, the BA officer was challenging our stay in the member state and I wasn't argumentative, I was simply as nice as anyone should be,
I simply said that my wife who is a BC is also an EEA citizen, they let me in,
it took me 30 seconds to get a 6 months stamp on my passport,

[ohara]

I seem to remember another member here recently attempted to switch to FLR(M) after their EEA sponsor naturalised as British and lost their ability to sponsor them. The application was refused as they did not have valid leave under the immigration rules.

Just to be clear, did the immigration officer definitely give you the EEA regulations stamp? Not the UK visitor stamp?

What evidence did you use to prove to your employer that you have the right to work?

[zahmed05]

The OP was given COA.

[crystalpearl]

ohara Yes it was ' Admitted to the United kingdom based on the EEA regulations 2006 for 6 months',

I've CoA which expires next January,

[noajthan]

noajthan I didn't apply for a FP or anything,
I showed up at the airport, the BA officer was challenging our stay in the member state and I wasn't argumentative, I was simply as nice as anyone should be,
I simply said that my wife who is a BC is also an EEA citizen, they let me in,
it took me 30 seconds to get a 6 months stamp on my passport,

Curiouser and curiouser.

Is wife also an EEA national?
That's important.
Or do you think that she is just because UK is (for now!) in EU?

Ordinarily British citizens are not considered as EEA citizens in an immigration context as per UK's EEA regulations.
That is except for 2 cases:
1) you do SS so that BC is treated as a kind of proxy EEA national on return to UK;
or
2) Unless you were here in 2012, and married (to same wife), and had a RC issued back on basis of wife being a qualified person;
if not you cannot avail of the McCarthy transitional arrangement for dual nationals which permitted a BC to be treated as an EEA national.

In which case you are back to square one, your wife cannot sponsor you and you should not have been admitted.
It appears, unfortunately, to have all been a monumental mistake.

[smileyangel]

crystal from my understanding u need to write a cover letter and explain why u did not put ur money into the bank while in the host country, also include Ov Nethalands case law about ur short stay just to cover ur back, if u are married im sure u will be given rights to appeal so u will continue working and request for new coa, at the moment i dnt think its wise to apply for FP as u wont have rights to work