What options for EAA?

[tanveer930]

Hi Friends
I recently applied for a COA and some fellows over here told me that i should apply for EEA2 after marriage as my fiancée is an EU national here in UK.shes bin here for about 6 and half months.

Since EEA2 takes a long time to be processed i was thinking that as my fiancée's bin here more than 6 years we should apply for her PR or whatever is needed so i can apply as FLR(M) which is alot quicker (in case of Premium Application).

My fiancée came here in 2003 on AU pair and a Stamp is on her Passport and than she registered with a GP. but other than this she dont have any proof as she was working cash in hand and not paying any taxes till she found a proper job in 2005 and from than she started paying taxes and everything.

She did her workers registration in 2007.

Now She is doing a proper job, paying taxes and i want to apply for her PR as i dont want my passport to be stucked with home office for ages.

Please guide me here

Regards

ME: Student, Non EU, visa till Oct 2010 Her: Full time Job, EU.

[Casa]

You may have a problem regarding the fact that she was being paid cash and not paying tax ...what is known as 'working black'....so she won't be able to claim that she was Exercising Treaty Rights during these years.

[Wanderer]

You may have a problem regarding the fact that she was being paid cash and not paying tax ...what is known as 'working black'....so she won't be able to claim that she was Exercising Treaty Rights during these years.

You mean 'working rainbow'......

[Obie]

She can claim that she was living in the UK as a Self Sufficient Person. But she will need bank statement and Medical insurance to support that, and the family she was living with, could also provide a supporting letter, that they were providing for her needs.

That is, if they were giving her money, that will be considered as allowance rather than a proper up keeping wage.

It will be a bit tricky, but there is a possibility it could work.

For community citizens, the HO just needs to be satisfied that they were not a reasonable burden on state resource during their stay, for them to fulfill the self-sufficient criteria.

[Wanderer]

She can claim that she was living in the UK as a Self Sufficient Person. But she will need bank statement and Medical insurance to support that, and the family she was living with, could also provide a supporting letter, that they were providing for her needs.

That is, if they were giving her money, that will be considered as allowance rather than a proper up keeping wage.

It will be a bit tricky, but there is a possibility it could work.

For community citizens, the HO just needs to be satisfied that they were not a reasonable burden on state resource during their stay, for them to fulfill the self-sufficient criteria.

IMHO, I think that constitutes deception, Obie, it would be a blatant lie.

[Casa]

Easier to be self-sufficient if you don't pay tax.

[tanveer930]

She can claim that she was living in the UK as a Self Sufficient Person. But she will need bank statement and Medical insurance to support that, and the family she was living with, could also provide a supporting letter, that they were providing for her needs.

That is, if they were giving her money, that will be considered as allowance rather than a proper up keeping wage.

It will be a bit tricky, but there is a possibility it could work.

For community citizens, the HO just needs to be satisfied that they were not a reasonable burden on state resource during their stay, for them to fulfill the self-sufficient criteria.

Thats the issue she dont have a bank statement, she opened her bank account in 2005, she was living with some friends and we cant get hold of them.

any ideas?

[Obie]

Far from it Wanderer. If you read my statement carefully, you will notice that i stated, if they were providing all her needs and gave her money that will be considered an allowance rather than a wage.

I know to some, it might appear i am threading on a slippery slope or a thin edge of the wedge, but i am not.

[Obie]

Hi Tanveer,

Have a look at the EEA 3 Form, and see if your partner will have the necessary document to support it.

Opening a bank account in 2005 is fine, she will just need to provide evidence for 2004, or she might just be border line okay.