PR for Non EEA spouse if EEA family member has obtained PR

[Riz035]

Hi there,

I have been following this website for a while and happy to see a lot of people helping each other out from their experiences.
Just a quick question, my wife (an EEA national) has recently received her DCPR, I am non EEA national details are as below:
in relationship over 8 years
living together over 6 years
Married for over 5 years

I wish to apply for PR on the form EEA PR and have a question about the section 9 (Since my sponsor wife already has her DCPR) and I will be sending this along with the form, 9.3 says if you are sending the DCPR then you don't need to complete rest of the section 9.
I am just curious as no where on the form does it ask about my activity while we've been married. I have been in a full time employment though!
Do I need to get a letter from my employer and send along with my P60s and Payslips for the past 5 years or my activities are irrelevant?

I would appreciate any feedback on this.

[noajthan]

Hi there,

...

I am just curious as no where on the form does it ask about my activity while we've been married. I have been in a full time employment though!
Do I need to get a letter from my employer and send along with my P60s and Payslips for the past 5 years or my activities are irrelevant?

I would appreciate any feedback on this.

In terms of treaty rights your economic activity (however worthwhile, rewarding and valuable) is immaterial. Its all about your sponsor.

All you have to do is prove residence in UK (and that any absences were kept within prescribed limits); employment documents may prove useful for this purpose.

[Riz035]

Thank you Noajthan for a quick response.

If I can prove my residence through other means i.e. utility bills, bank statements, council tax letter or tenancy agreement, does that mean I don't have to send my P60s and letter from my employer or is it worth sending this in case? Even I haven't filled in any section on the form for my activity.
I called HO to confirm this but they were very vague and said if you are disclosing your sponsor's DCPR then you don't need to send details of your employment with a caveat "if it doesn't ask you on the form then no need to send".

Once again your response is very much appreciated.

[noajthan]

Thank you Noajthan for a quick response.

If I can prove my residence through other means i.e. utility bills, bank statements, council tax letter or tenancy agreement, does that mean I don't have to send my P60s and letter from my employer or is it worth sending this in case? Even I haven't filled in any section on the form for my activity.
I called HO to confirm this but they were very vague and said if you are disclosing your sponsor's DCPR then you don't need to send details of your employment with a caveat "if it doesn't ask you on the form then no need to send".

Once again your response is very much appreciated.

Employment documents help support your claim to have been in country so suggest send them along with other relevant and corroborating evidence.
Take a belt and braces approach; don't give HO benefit of 'wriggle room'.

[Riz035]

Thanks Noajthan!! I will send along all the documents.

[Riz035]

Hi there,
I wondered if anyone can help?

I am a non Eea husband of My Eea wife who recently got her DCPR.
I applied for permanent residence card last month and enclosed within my wife's DCPR along with other relevant documents such as, marriage certificate, proof of living together for last five years etc.

I have now received a biometric enrolment letter but along with it I also have received COA which states that they are unable to confirm my right to work because (and I quote):
"You have not provided original documentation for the following: sufficient evidence of your sponsor excercising Treaty rights"

I sent her ORIGINAL DCPR along with original passports and all other original documents. What else do I need to provide? Is this an error on their part and if so, do I need to contact them to reissue a correct version of COA? Does anyone have their address/email?

My residence card which was issued to me almost five years ago expires mid January does that mean I shouldn't be working after that expiry date?

Any comments will be greatly appreciated.

Thanks.

[Riz035]

Hi Noajthan, I wondered if you have any comment on above?
I am really worried.

[vinny]

Merged.

[vinny]

Refer the caseworker to 15(2).

She is exercising her treaty rights by not being absent from the UK for a continuous period of more than 2 years.

[Riz035]

Hi Vinny, thank you for your advice.

I was wondering if the COA I received is just a template and when I enroll for biometric I may receive another one confirming my right to work.Does anyone have their email address or postal address should I wish to clarify my position?

I can confirm that neither of us has had a prolonged absence from UK, the maximum absence in any one year was below 90 days.

[Riz035]

Hi there,
I wondered if anyone can help?

I am a non Eea husband of My Eea wife who recently got her DCPR.
I applied for permanent residence card last month and enclosed within my wife's DCPR along with other relevant documents such as, marriage certificate, proof of living together for last five years etc.

I have now received a biometric enrolment letter but along with it I also have received COA which states that they are unable to confirm my right to work because (and I quote):
"You have not provided original documentation for the following: sufficient evidence of your sponsor excercising Treaty rights"

I sent her ORIGINAL DCPR along with original passports and all other original documents. What else do I need to provide? Is this an error on their part and if so, do I need to contact them to reissue a correct version of COA? Does anyone have their address/email?

My residence card which was issued to me almost five years ago expires mid January does that mean I shouldn't be working after that expiry date?

Any comments will be greatly appreciated.

Thanks.

Hi Noajthan, can you please advise on above?
Many thanks

[noajthan]

Hi there,
I wondered if anyone can help?

...

Any comments will be greatly appreciated.

Thanks.

Hi Noajthan, can you please advise on above?
Many thanks

Caseworker appears to have not given much weight to sponsor's DCPR.
When did sponsor acquire PR status?
And how does it relate to what you think is your qualifying period? (same period or different?)

As your sponsor has PR status you have every right to remain working (assuming UK doesn't leave EU and you remain married to each other).
A confirmatory and optional RC doesn't grant any rights its just confirms them.

[Riz035]

Thanks Noajthan,

Sponser and myself have been living together for 8 years, and married for over 5 years so basing my qualifying period since we got married back in August 2011.

Sponser got her DCPR In October 2016 applied in May 2016 (she has been living in the UK for 10 years and I have been here for just over 9) I couldn't apply at the same time because we weren't married for full 5 years. Besides, I thought it will be easier for caseworker to decide my case as Eea spouse already has her PR.
Do you think it is worth writing to caseworker to clarify my position?

I'm just worried that if I told my employer, they might not let me work for them!

[noajthan]

Thanks Noajthan,

Sponser and myself have been living together for 8 years, and married for over 5 years so basing my qualifying period since we got married back in August 2011.

Sponser got her DCPR In October 2016 applied in May 2016 (she has been living in the UK for 10 years and I have been here for just over 9) I couldn't apply at the same time because we weren't married for full 5 years. Besides, I thought it will be easier for caseworker to decide my case as Eea spouse already has her PR.
Do you think it is worth writing to caseworker to clarify my position?

I'm just worried that if I told my employer, they might not let me work for them!

Well the correct procedure would be for an employer with any such concerns to carry out an ECS if they wish to. And they should know that - and how to do it.

Unclear why caseworker overlooked spouse's status.
Although, interestingly, the PR form, just after questions 9.1- 9.3, does state:

However, we reserve the right to ask you for more information if necessary.

Perhaps that's what caseworker is up to.

[Riz035]

Totally understand that.
Section 9 also states that if you are enclosing your sponsor's DCPR then you don't have to fill in the rest of the section 9. I don't mind providing further info should they request it but I just think that this is just duplication of effort as they have recently assessed her documents hence hence the reason she got DCPR.

What are the chances of employers ECS check returning "negative"? since HO are unable to confirm my employment rights as per the COA.

[Riz035]

Totally understand that.
Section 9 also states that if you are enclosing your sponsor's DCPR then you don't have to fill in the rest of the section 9. I don't mind providing further info should they request it but I just think that this is just duplication of effort as they have recently assessed her documents hence hence the reason she got DCPR.

What are the chances of employers ECS check returning "negative"? since HO are unable to confirm my employment rights as per the COA.

[noajthan]

But the caseworker has the drop on you here.

And I don't know what your ECS would report but its not your obligation to volunteer a negative COA to employer. Leave employer to it.

[vinny]

Hi there,
I wondered if anyone can help?

I am a non Eea husband of My Eea wife who recently got her DCPR.
I applied for permanent residence card last month and enclosed within my wife's DCPR along with other relevant documents such as, marriage certificate, proof of living together for last five years etc.

I have now received a biometric enrolment letter but along with it I also have received COA which states that they are unable to confirm my right to work because (and I quote):
"You have not provided original documentation for the following: sufficient evidence of your sponsor excercising Treaty rights"

I sent her ORIGINAL DCPR along with original passports and all other original documents. What else do I need to provide? Is this an error on their part and if so, do I need to contact them to reissue a correct version of COA? Does anyone have their address/email?

I believe that the caseworker was mistaken, if you submitted the required evidence. Your spouse's DCPR already confirmed that she, the EEA national, had been excercising treaty rights for at least 5 years. Since the DCPR was issued in October 2016, it's temporally impossible for her to have been absent from the UK for more than 2 continuous years since October 2106.

The fact that she hasn't been absent from the UK for more than 2 continuous years since the issue of the DCPR means that she is still exercising treaty rights, simply, by being present in the UK.

[Riz035]

Thanks Vinny and Noajthan,

I have put a letter in the post requesting the caseworker to reassess the application.

Will post what she comes back with.

Thanks as always for your advise.

[Riz035]

Hello everyone,

I wondered if anyone else has come across similar situation.
I sent a recorded letter addressed to caseworker clarifying my position and requesting her to reassess/reissue the COA back on 17 December and can see it was received before Xmas but I am yet to hear back from her.
I also sent an email to nweurocoarequests@homeoffice.gsi.gov.uk on 13 January but no response except the auto reply.

Would really appreciate any comments guidance from respected members.