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Having applied and having been refused and given that circumstances have changed, you should make contact. It is in your interest to have residence documentation.Newbie24 wrote:Hi guys,
My Non-EEA spouse received the following text message:
"Message from the Home Office. Our records show you may not have leave to remain in the UK. Please contact us on 08443754636 to discuss your case."
Background:
1. Spouse entered country legally through EEA Family Permit
2. Submit application for Residence Card (EEA2 as Student)
3. Family Permit Expires (beyond the 6 months)
4. Application for Residence Card refused: No health insurance provided (and therefore is wrongly concluded that the EEA national is not exercising their Treaty Rights).
5. EEA Family Member is no longer a student but an active job seeker (Jobcentre) and exercising his Treaty Rights
6. Non-EEA family member received the above-mentioned text message.
My understanding is that the residence card application is optional and has no effect on the residence status of the Non-EEA family member and since the EEA family member is exercising his Treaty Rights as job seeker the spouse has the legal right to remain in the UK... Correct?
What is the best thing to do? Call them? Email them?
Thanks!
Why do you believe the OP needs to contact the sender of the text message? Is there any legal basis?sheraz7 wrote:You must not ignore it even you are the family member of EU naional, therefore must contact and update them as they instructed to do so.
What is a harm in contacting and updating with them your record/circumstances???Directive/2004/38/EC wrote:Why do you believe the OP needs to contact the sender of the text message? Is there any legal basis?sheraz7 wrote:You must not ignore it even you are the family member of EU naional, therefore must contact and update them as they instructed to do so.
I can imagine that it could be a big waste of time to update them. And could in fact cause problems. Remember that they are not the UKBA. And they do make mistakes.sheraz7 wrote:What is a harm in contacting and updating with them your record/circumstances???Directive/2004/38/EC wrote:Why do you believe the OP needs to contact the sender of the text message? Is there any legal basis?sheraz7 wrote:You must not ignore it even you are the family member of EU naional, therefore must contact and update them as they instructed to do so.
lalolaal wrote:hi
I just received a letter from capita (UKBA partner) which states, "you have over stayed in UK and u have to leave UK in 10 days". My EEA Residence card application is still under process in UKBA. Previously I have an EEA family Permit which was ended in march. I got no clue whether to cry or laugh on this stupidity. But one thing is sure, They will not issue me residence card.
Directive/2004/38/EC wrote:Just to be 100% clear, if you are married to an EU citizen then this does not apply to you and there is almost zero chance of you being deported (unless you are a very serious criminal or a threat to national security).
I asked for the text of the letter just out of interest.
You can ignore them if you want.
EUsmileWEallsmile wrote:I would not be inclined to ignore such letters. Make contact and point out the facts would be a better course in my opinion.
Directive/2004/38/EC wrote:You are write. I probably should not propose ignoring it quite so directly.
Please challenge the letter and ensure that UKBA is on track to issue your Residence Card. But definitely do not worry about the letter