plz i need some advise

soufyan · Post by **soufyan** » Sun Apr 17, 2011 3:14 am

im EEA's spouse( spanish).we just here in the uk 2 weeks ago; im no-EEA i get visa tourist entrance for 2 years..my wife started working a week ago as a part time.CAN I APPLY FOR MY EEA2 NOW??? we are living with a friend at the moment. we will need any lease or evidence about the proof of adress??? many thanx...

Post by **John** » Sun Apr 17, 2011 6:57 am

.CAN I APPLY FOR MY EEA2 NOW???

Yes, as your wife is now exercising Treaty Rights in the UK you can indeed apply for a Residence Card using form EEA2.

we are living with a friend at the moment. we will need any lease or evidence about the proof of adress???

No proof of address required. The important aspect here is to prove that your wife is employed. Without that proof you will not get your Residence Card.

soufyan · Post by **soufyan** » Sun Apr 17, 2011 3:37 pm

John wrote:
.CAN I APPLY FOR MY EEA2 NOW???
Yes, as your wife is now exercising Treaty Rights in the UK you can indeed apply for a Residence Card using form EEA2.

we are living with a friend at the moment. we will need any lease or evidence about the proof of adress???
No proof of address required. The important aspect here is to prove that your wife is employed. Without that proof you will not get your Residence Card.

many thanx its very helpful from u

jrge · Post by **jrge** » Sun Apr 17, 2011 5:23 pm

John wrote:
.CAN I APPLY FOR MY EEA2 NOW???
Yes, as your wife is now exercising Treaty Rights in the UK you can indeed apply for a Residence Card using form EEA2.

No proof of address required. The important aspect here is to prove that your wife is employed. Without that proof you will not get your Residence Card.

Is it really that simple? Even a part time job is more than enough?

Post by **John** » Sun Apr 17, 2011 6:32 pm

How part-time is part-time? How many hours work per week are we talking about?

soufyan · Post by **soufyan** » Sun Apr 17, 2011 9:56 pm

John wrote:How part-time is part-time? How many hours work per week are we talking about?

i'm talking abt 16 hours pr week.DO U THINK THAT ENOUGHT???

Post by **John** » Sun Apr 17, 2011 10:17 pm

Yes, that is enough. What a Court has found is that a very small number of hours, or indeed just minutes per week, is not sufficient to show that Treaty Rights are being exercised.

But 16 hours per week is totally OK, and clearly shows that Treaty Rights are being exercised.

soufyan · Post by **soufyan** » Mon Apr 18, 2011 12:06 am

John wrote:Yes, that is enough. What a Court has found is that a very small number of hours, or indeed just minutes per week, is not sufficient to show that Treaty Rights are being exercised.

But 16 hours per week is totally OK, and clearly shows that Treaty Rights are being exercised.

thanx john. we really need 2 pay for this helpful informations lool...anyways keep in touch & many thanx again x

soufyan · Post by **soufyan** » Mon Apr 18, 2011 7:02 pm

soufyan wrote:
John wrote:Yes, that is enough. What a Court has found is that a very small number of hours, or indeed just minutes per week, is not sufficient to show that Treaty Rights are being exercised.

But 16 hours per week is totally OK, and clearly shows that Treaty Rights are being exercised.
thanx john. we really need 2 pay for this helpful informations lool...anyways keep in touch & many thanx again x

hey guys.I sent my application this morning..i heard that COA can be allowed 2 work and maybe NOT....there is any requirements about that..thanx

Post by **John** » Mon Apr 18, 2011 8:03 pm

Just for the record, when in your opening post in this topic you say "spouse" you mean your legally married spouse? If yes then you already have Treaty Rights to work, but the problem is proving it. But the CoA assists, and will confirm that you can work.

If however the two of you are not legally married then you have no ability to work until the Residence Card is issued.

soufyan · Post by **soufyan** » Tue Apr 19, 2011 2:23 am

John wrote:Just for the record, when in your opening post in this topic you say "spouse" you mean your legally married spouse? If yes then you already have Treaty Rights to work, but the problem is proving it. But the CoA assists, and will confirm that you can work.

If however the two of you are not legally married then you have no ability to work until the Residence Card is issued.

owww YES im married. i sent spanish marriage certificate translated in english issued by court registrar and family book and my residence card of spain "europe union family" that has my wife's name...i think is definitely i hv right work so???

jrge · Post by **jrge** » Tue Apr 19, 2011 2:58 am

John wrote:Just for the record, when in your opening post in this topic you say "spouse" you mean your legally married spouse? If yes then you already have Treaty Rights to work, but the problem is proving it.

John, why "proving it" is a problem? Wouldn't a marriage certificate be more than sufficient?

But the CoA assists, and will confirm that you can work.

How does the CoA assist? Is there more that needs to be added to rightfully "make a case"?

Thank you in advance!

Post by **John** » Tue Apr 19, 2011 7:59 am

John, why "proving it" is a problem? Wouldn't a marriage certificate be more than sufficient?

The employer needs to show that they have checked the person has the ability to work in the UK. The marriage certificate does not prove that. The non-EEA family member only has a right to work in the UK if EEA-spouse is exercising Treaty Rights in the UK.

How does the CoA assist?

Because for a family member it says the person can work.

jrge · Post by **jrge** » Tue Apr 19, 2011 12:07 pm

soufyan, please share here with the rest of us how you application/process went (once completed).

John, thank youâ€¦! Youâ€™ve been very kind and informative.

soufyan · Post by **soufyan** » Wed Apr 20, 2011 12:54 am

jrge wrote:soufyan, please share here with the rest of us how you application/process went (once completed).

John, thank youâ€¦! Youâ€™ve been very kind and informative.

YES ofcourse i will..thanx again

smallpie · Post by **smallpie** » Wed Apr 20, 2011 11:39 am

hi john- am a big fan of this site and very gud for advices.. i applied for RC last year and was refused later this year april 2011.. reason- the caseworker says my eu-partner id card not valid to meet up the requirement. and it says further in the letter i can make another application if i feel am entitled as a family member of an eu-nationals. so i now re-applied immidediatley april 2011 , and now included my eu-partner valid passport with all other current docs, payslips, 3yrs joint tenancy agreement, joint council tax bills , joint electricity bills , water bills and other relevent docs of me and my eu-partner.
but the home office didnt return my passport in the 1st application as my old work permit has expired during the application. i indicated in the new application my old ukba ref number and stated they got my valid passport with them.
plz, i just wanna know frm the kind pple here, if i have done the right thing by re-applying again immidiately? and if anyone knows how long it take ukba to issue COA as for 2011 and RC.? thanks.

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plz i need some advise

plz i need some advise

re-apply