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COA received with no right to work...

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

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heich
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COA received with no right to work...

Post by heich » Wed Aug 21, 2013 3:25 pm

does this mean no chance for a positive out come for my application?

Imshzd
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Post by Imshzd » Wed Aug 21, 2013 3:48 pm

If your wife is currently student then you are require to sent CSI unless she obtained PR in past.
Did you submit CSI with your application?

heich
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Post by heich » Wed Aug 21, 2013 3:51 pm

Imshzd wrote:If your wife is currently student then you are require to sent CSI unless she obtained PR in past.
Did you submit CSI with your application?
No I did not submit CSI as she has been living in the uk since she was a child and went through primary school to secondary school. and she did not obtain PR in the past either. She studies and work part time at the moment...

Imshzd
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Post by Imshzd » Wed Aug 21, 2013 4:01 pm

She is in the uk since her child hood does not matter.
If she is living in the uk since her childhood as a qualified person then this point is a considerable point.(five years under EU regulations as a qualified person)

So what documents did you attached with your application as a proof that your wife is a qualified person in the UK?

heich
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Post by heich » Wed Aug 21, 2013 4:03 pm

Imshzd wrote:She is in the uk since her child hood does not matter.
If she is living in the uk since her childhood as a qualified person then this point is a considerable point.(five years under EU regulations as a qualified person)

So what documents did you attached with your application as a proof that your wife is a qualified person in the UK?
All her school documents from primary school to higher institution and some previous payslip with p46 from work...

Imshzd
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Post by Imshzd » Wed Aug 21, 2013 4:07 pm

School certificates irrelevant.

Previous payslips or P46??


EEA2 requires current treaty rights..

heich
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Post by heich » Wed Aug 21, 2013 4:21 pm

Imshzd wrote:School certificates irrelevant.

Previous payslips or P46??


EEA2 requires current treaty rights..
both previous payslips and p46

heich
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Post by heich » Wed Aug 21, 2013 4:29 pm

you have helped a lot and now i can start preparing for a refusal...

Jambo
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Post by Jambo » Wed Aug 21, 2013 4:56 pm

Imshzd wrote:EEA2 requires current treaty rights..
Unless you provide proof the EEA national has already obtained PR status. This can be done by providing previous payslips / P60 to cover 5 continuous years. In that case, there is no need for the EEA national to exercise treaty rights any more.

Imshzd
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Post by Imshzd » Wed Aug 21, 2013 6:21 pm

I don't want to upset you.

I just want to draw the attention on the weak points.

That was totally my opinions and I am not an expert and not your caseworker.


If your documents meet the requirement that your wife is already acquired PR status in the past then your application should be approved.

Still you can submit her fresh treaty rights with the covering letter.


Best of luck

heich
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Post by heich » Wed Aug 21, 2013 8:27 pm

at this point, i understand she does not have a pr yet. and basically the best way we can say she is currently exercising her treaty right is through her studying in uni. do you think it is a wise idea if she goes ahead now and obtain CSI and send it with a cover letter? would that influence the outcome of my decision? had you havnt upset me in anyway. like i said earlier, this has been very helpful.

Imshzd
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Post by Imshzd » Wed Aug 21, 2013 10:53 pm

heich wrote:at this point, i understand she does not have a pr yet. and basically the best way we can say she is currently exercising her treaty right is through her studying in uni. do you think it is a wise idea if she goes ahead now and obtain CSI and send it with a cover letter? would that influence the outcome of my decision? had you havnt upset me in anyway. like i said earlier, this has been very helpful.

As you said she don't have PR status,So you are require to meet the requirements explained in EU regulations.

Exercising treaty rights as a student,You have to sent the relevent documents explained in EEA 2 form.

So as soon as possible sent CSI etc to home office with the covering letter in which a written request to attach these up dated documents with your application.

Hopefully,expected negative results will turn into positive out comes.

wiggsy
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Post by wiggsy » Thu Aug 22, 2013 12:37 am

Imshzd wrote:
heich wrote:at this point, i understand she does not have a pr yet. and basically the best way we can say she is currently exercising her treaty right is through her studying in uni. do you think it is a wise idea if she goes ahead now and obtain CSI and send it with a cover letter? would that influence the outcome of my decision? had you havnt upset me in anyway. like i said earlier, this has been very helpful.

As you said she don't have PR status,So you are require to meet the requirements explained in EU regulations.

Exercising treaty rights as a student,You have to sent the relevent documents explained in EEA 2 form.

So as soon as possible sent CSI etc to home office with the covering letter in which a written request to attach these up dated documents with your application.

Hopefully,expected negative results will turn into positive out comes.
wait... even if she hasnt gained a PR certificate... doesnt mean she doesnt have PR.

how was she in the UK> work out if she has pr, then apply for her confirmation.

note that this might well be the fact that her parent was here in the uk as a worker, and she was a dependant (so you need five years of the parents treaty right excersing...
For anybody effected, I hope that my Surinder Singh Route Information Pages help.

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