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UKBA visit on sunday 8 morning

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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manikgupta007
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Re: UKBA visit on sunday 8 morning

Post by manikgupta007 » Sat Aug 04, 2012 12:05 am

bil123 wrote:HI all,
2 Ukba officers visited my home ,and asked some general questions about our marriage as the questions were really straightforward so answering them was not so hard ,the only thing bothered us was that we had to woke up at 8 o clock sunday morning to open the door for UKBA ,but for me they were not so scarrry as they look on tv ,they were quite nice and left after 10-15 mins ,but their visit surprised me lil bit because at this time of my application I was expecting a RC not them .Any way fingers crossed ,just to make my self clear ,do they visit home for all applications or I was just the random pick or suspected one :P
Btw they are really working hard and doing overtime on sunday to fasten the process ,we all need to appreciate them :)

EEA2 sent on =28th feb 2012
received by HO =29th feb 2012
COA issued =15th march 2012
coa receiveed =19th march 2012
RC expected date=soon Inshallah.

Pakistani national ,married to Latvian national .

hello , I applied before you 7th Feb 2012 , I got my COA after 2 month like end of april , and Enforcement team came to my house 24 july , after that I long I need to wait for , I think u already got your RC

Directive/2004/38/EC
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Re: UKBA visit on sunday 8 morning

Post by Directive/2004/38/EC » Sat Aug 04, 2012 12:15 am

manikgupta007 wrote:hello , I applied before you 7th Feb 2012 , I got my COA after 2 month like end of april , and Enforcement team came to my house 24 july , after that I long I need to wait for , I think u already got your RC
So what was the visit like? What did they ask?

If you applied on 7 Feb, then you should be receiving your RC this week. It can not take longer than 6 months.

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Post by thsths » Sat Aug 04, 2012 8:58 am

Jambo wrote:The HO tends to suspect an Asian marrying an East European student when the marriage is recent and the Asian had a visa which was about to run out.
Yes, the Home Office is using "facial profiling". In most countries that would be considered illegal and outrageous ("driving while black" in the US, for example), but here it seems to be accepted. I am not sure whether it is a factor in this case, because the list of factors (above) seems to be quite generic.

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Re: UKBA visit on sunday 8 morning

Post by bil123 » Sat Aug 04, 2012 2:40 pm

manikgupta007 wrote:
bil123 wrote:HI all,
2 Ukba officers visited my home ,and asked some general questions about our marriage as the questions were really straightforward so answering them was not so hard ,the only thing bothered us was that we had to woke up at 8 o clock sunday morning to open the door for UKBA ,but for me they were not so scarrry as they look on tv ,they were quite nice and left after 10-15 mins ,but their visit surprised me lil bit because at this time of my application I was expecting a RC not them .Any way fingers crossed ,just to make my self clear ,do they visit home for all applications or I was just the random pick or suspected one :P
Btw they are really working hard and doing overtime on sunday to fasten the process ,we all need to appreciate them :)

EEA2 sent on =28th feb 2012
received by HO =29th feb 2012
COA issued =15th march 2012
coa receiveed =19th march 2012
RC expected date=soon Inshallah.

Pakistani national ,married to Latvian national .

hello , I applied before you 7th Feb 2012 , I got my COA after 2 month like end of april , and Enforcement team came to my house 24 july , after that I long I need to wait for , I think u already got your RC
You must receive some notification from HO by now .Dear friend I was refused and then I applead and refused again ,if you are specially Asian and you want to live here its not easy to get RC.

$uperman
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Post by $uperman » Sun Aug 05, 2012 12:31 pm

If they find out anything suspicious , they do follow up with you once you got married or intend to get married , also if there is significantly age difference or preceding visa application so quickly etc but again if your relationship is genuine and marriage is genuine then noting to worried about
$uperman

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PS

Post by $uperman » Sun Aug 05, 2012 12:32 pm

what was your visa status at the time you intended to get married Stetois?? what does mean by RC??
$uperman

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Re: PS

Post by zubby007 » Sun Aug 05, 2012 3:00 pm

[quote="$uperman"]what was your visa status at the time you intended to get married Stetois?? what does mean by RC??[/quote





Resident Card.

mtsgill
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Home Visit by UKBA Task Force

Post by mtsgill » Sun Oct 14, 2012 2:55 pm

Hi

I had a team of 6 officers visited my property. I had my cousin at home. I was at work. My wife (EEA National) was in her home country as she has a Job over there and moreover, she has to visit her father frequently, who is in his death bed. She travels back and forth a lot and we do spend weeks together here in the UK too.

Anyways, they went through everything in my room even when I was not available at home. I would like to know the reasons why?

I am awaiting a response on my EEA2 application which has been submitted after 2 refusals earlier because of some misguidance about the application process by so called lawyers. My wife is exercising her treaty rights in the UK based on my income (As self sufficient) as well as Comprehensive International Health Cover.

I am quite concerned about the following:

Is this going to affect the outcome of my application for RC?
Does my wife have to have with me 24x7 as she has job in her EEA country and she is the only child to look after her dad!!
I was at work and they coul;d not see me either?
Do I need to do anything?

All these questions are confusing me a lot!

Any kind of help or advice would be highly appreciated.

Thank You!

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Post by Directive/2004/38/EC » Sun Oct 14, 2012 3:19 pm

Your EU wife does not have be with you 24x7. But she does have to maintain her residence in the UK within the requirements outlined in Directive 2004/38/EC.

She will break her residence if she is gone from the UK for more than 6 months in any one year anniversary of her entry into the UK. Or if she leaves for good.

For the most part it does not matter what the reason for the absence is. It does say serious illness, but leaves open the person who might be ill.
CHAPTER IV RIGHT OF PERMANENT RESIDENCE
Section I Eligibility
Article 16 - General rule for Union citizens and their family members

3. Continuity of residence shall not be affected by temporary absences not exceeding a total of six months a year, or by absences of a longer duration for compulsory military service, or by one absence of a maximum of 12 consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.

4. Once acquired, the right of permanent residence shall be lost only through absence from the host Member State for a period exceeding two consecutive years.

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Post by mtsgill » Sun Oct 14, 2012 3:29 pm

Directive/2004/38/EC wrote:Your EU wife does not have be with you 24x7. But she does have to maintain her residence in the UK within the requirements outlined in Directive 2004/38/EC.

She will break her residence if she is gone from the UK for more than 6 months in any one year anniversary of her entry into the UK. Or if she leaves for good.

For the most part it does not matter what the reason for the absence is. It does say serious illness, but leaves open the person who might be ill.
CHAPTER IV RIGHT OF PERMANENT RESIDENCE
Section I Eligibility
Article 16 - General rule for Union citizens and their family members

3. Continuity of residence shall not be affected by temporary absences not exceeding a total of six months a year, or by absences of a longer duration for compulsory military service, or by one absence of a maximum of 12 consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.

4. Once acquired, the right of permanent residence shall be lost only through absence from the host Member State for a period exceeding two consecutive years.
Thank you very much for your kind response.

I do understand that requirement but need a bit clarification here. When we read 6 months, does it mean 6 months in a row or for example if she goes 1 week every month and they all will add up in a 12 month calender year?

Thank you once again.

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Post by Englandd » Sun Oct 14, 2012 4:27 pm

First of all be confirmed that were they UKBA staff or Bailiffs/tv licence checkers etc. , but whoever they were they should have left a message/note for you of their purpose of visit in your absence.
Till 6 months an EEA national can be out of UK in order to maintain residence.

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Post by Directive/2004/38/EC » Sun Oct 14, 2012 9:57 pm

mtsgill wrote:
Directive/2004/38/EC wrote:Your EU wife does not have be with you 24x7. But she does have to maintain her residence in the UK within the requirements outlined in Directive 2004/38/EC.

She will break her residence if she is gone from the UK for more than 6 months in any one year anniversary of her entry into the UK. Or if she leaves for good.

For the most part it does not matter what the reason for the absence is. It does say serious illness, but leaves open the person who might be ill.
CHAPTER IV RIGHT OF PERMANENT RESIDENCE
Section I Eligibility
Article 16 - General rule for Union citizens and their family members

3. Continuity of residence shall not be affected by temporary absences not exceeding a total of six months a year, or by absences of a longer duration for compulsory military service, or by one absence of a maximum of 12 consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.

4. Once acquired, the right of permanent residence shall be lost only through absence from the host Member State for a period exceeding two consecutive years.
Thank you very much for your kind response.

I do understand that requirement but need a bit clarification here. When we read 6 months, does it mean 6 months in a row or for example if she goes 1 week every month and they all will add up in a 12 month calender year?

Thank you once again.
So the magic date is normally the date that the EU citizen entered the UK. Call it July 15, 2009.

You then look at one year anniversaries of that date, so July 15, 2010, July 15, 2011, etc...

In any given of those years, the EU citizen must be in the UK for at least 6 months. So if they were gone for 2 months and then for 5 months, they would no longer be resident in the UK. If they were gone for 2 months and 3 months, then they would continue to be resident in the UK.

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Post by mtsgill » Sun Oct 14, 2012 10:01 pm

Englandd wrote:First of all be confirmed that were they UKBA staff or Bailiffs/tv licence checkers etc. , but whoever they were they should have left a message/note for you of their purpose of visit in your absence.
Till 6 months an EEA national can be out of UK in order to maintain residence.
Thank You England, Yes, I found a note left by the Immigration Officers stating the Statutory Powers given to Immigration Officers. It was signed by my cousin who gave them access to the building.

However, One thing I do not understand is that why they have to go through my personal property such as documents, wardrobes, drawers etc?

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Post by mtsgill » Sun Oct 14, 2012 10:03 pm

Another thing which has not been answered yet is whether this is going to affect the OUTCOME of my RC application?

Are they going to visit us again?

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Oct 14, 2012 10:04 pm

They probably considered that they had been "given permission"

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Post by mtsgill » Sun Oct 14, 2012 10:06 pm

Directive/2004/38/EC wrote:
mtsgill wrote:
Directive/2004/38/EC wrote:Your EU wife does not have be with you 24x7. But she does have to maintain her residence in the UK within the requirements outlined in Directive 2004/38/EC.

She will break her residence if she is gone from the UK for more than 6 months in any one year anniversary of her entry into the UK. Or if she leaves for good.

For the most part it does not matter what the reason for the absence is. It does say serious illness, but leaves open the person who might be ill.
CHAPTER IV RIGHT OF PERMANENT RESIDENCE
Section I Eligibility
Article 16 - General rule for Union citizens and their family members

3. Continuity of residence shall not be affected by temporary absences not exceeding a total of six months a year, or by absences of a longer duration for compulsory military service, or by one absence of a maximum of 12 consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.

4. Once acquired, the right of permanent residence shall be lost only through absence from the host Member State for a period exceeding two consecutive years.
Thank you very much for your kind response.

I do understand that requirement but need a bit clarification here. When we read 6 months, does it mean 6 months in a row or for example if she goes 1 week every month and they all will add up in a 12 month calender year?

Thank you once again.
So the magic date is normally the date that the EU citizen entered the UK. Call it July 15, 2009.

You then look at one year anniversaries of that date, so July 15, 2010, July 15, 2011, etc...

In any given of those years, the EU citizen must be in the UK for at least 6 months. So if they were gone for 2 months and then for 5 months, they would no longer be resident in the UK. If they were gone for 2 months and 3 months, then they would continue to be resident in the UK.
Thank you Directive for great explanation. I admire your supportive and helpful nature.

Hoping to learn more from this community.

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Post by Englandd » Sun Oct 14, 2012 10:35 pm

In case of doubt/suspicion UKBA staff normally visit the address to verify the legality of relationship. Checking room cupboards, drawers etc. is their normal way for this purpose. It will not be wise to contact/approach them rather just be patient and wait their reply.

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Post by mtsgill » Sun Oct 14, 2012 10:41 pm

Englandd wrote:In case of doubt/suspicion UKBA staff normally visit the address to verify the legality of relationship. Checking room cupboards, drawers etc. is their normal way for this purpose. It will not be wise to contact/approach them rather just be patient and wait their reply.
Ok. That's what I was thinking of. I am full time employed myself and IT gets hectic sometimes to think about all this.

My EEA2 application was received by HO on 23/04/2012 so I am expecting them to make a decision on this on or before 23/10/2012 [keeping in mind the 6 months rule].

It is surprising that I am due for receiving a decision on my application hopefully this week or the week after next week and they sent a task force just 2-3 week before 6 months timeline ends.

IT gets surprising to a level when I am full time employed and my wife has to travel often to my in laws due to her dad's ill health as well as contract work over there.

And, at the same time how can we be at home welcoming these teams? I am not being sarcastic here but because of few wrong cases, everybody else has to suffer big time :(

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Post by Directive/2004/38/EC » Sun Oct 14, 2012 10:51 pm

The following is a guess only, since I was not there and do not know what UKBA might have been there for:

I suspect there is no need for them to return. Hopefully they have better things to do.

If I was to guess, I would guess that they were looking for signs that (1) you lived there (2) she lived there and that (3) you both lived together as a married couple.

There is no much you can do other than wait for the RC decision. Worst case is you will need to find a good lawyer and appeal.

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Post by mtsgill » Sun Oct 14, 2012 10:54 pm

Directive/2004/38/EC wrote:The following is a guess only, since I was not there and do not know what UKBA might have been there for:

I suspect there is no need for them to return. Hopefully they have better things to do.

If I was to guess, I would guess that they were looking for signs that (1) you lived there (2) she lived there and that (3) you both lived together as a married couple.

There is no much you can do other than wait for the RC decision. Worst case is you will need to find a good lawyer and appeal.
I cannot thank you guys enough for your expert opinions and suggestions.

I completely agree and respect your statements and I do understand they are only indicative responses as you are not fully aware of each and every circumstances. Thank you once again and I will keep you guys updated on this matter in the future.

Take care and have a great week ahead! :)

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Post by Englandd » Sun Oct 14, 2012 11:06 pm

yes. this looks possible as you are saying that you are very near to hit 6 months and this visit maybe a sign to finalize this case within this 6 months time. Anyhow just wait for their reply and in case of refusal you can clarify these ground in appeal that why your EEA partner is out of UK?

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Post by Directive/2004/38/EC » Sun Oct 14, 2012 11:10 pm

mtsgill,

I find getting a SAR http://www.ukba.homeoffice.gov.uk/navig ... onal-data/ well worth the 10 pounds.

Maybe they will have a cool writeup about their visit to your house! (If not write back to them and request a copy).

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Post by mtsgill » Sun Oct 14, 2012 11:17 pm

EXcellent stuff guys. I will definitely give it a go Directive. And Thank you England for your thoughts too.

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Post by Englandd » Sun Oct 14, 2012 11:18 pm

SAR report takes 3-4 months to arrive.

Englandd
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Post by Englandd » Sun Oct 14, 2012 11:20 pm

what i guess that if you brave enough for a gamble then why not you tell your EEA partner to call UKBA from her country and briefly explain as why she is not in UK now.

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