EEA2 Application

[AlexS]

Hello, I just found this forum a few days back, and I wish a would have found it before, it would have saved me a few headaches.

I'm argentinian and my wife is italian, and we've been linving in London for over 18 months now.
I applied for residence card back in september 2006, using form EEA2. I filled section 4 with my details (and included all the proofs), since I'm the high earner, and my salary is more than enough to support both of us and even save a good part every month. I filled section 3 with her data and sent her passport with my application as well.

Now, I just received a letter from HO asking for my wife's 3 last payslips and letter from employer. The problem is my wife has finished working this last february and she's not even looking, as she doesn't need to work, and she's planning to start studying next september. She's only doing some online part-time work for an US company, but the monthly income from this is not much (about £250).

So, why is HO asking for this, when I think the information they already have should be more than enough to successfully process my application?
There's a number on the letter I'm planning to call tomorrow (the letter is now at home and I'm at work), but I would like to hear some suggestions about it first.

On which grounds could HO possible reject my application? I already have 3 EEA Familiy permits on my passport and I'm afraid I will not be able to get a fourth one if I don't get my residence card.

Thank you very much for your responses,

[sakura]

In order to be successful with these applications, your EU/EEA partner needs to be "exercising treaty rights", which means working, studying or with a business, etc, to prove she is here for something. Or she could be looking for a job- which is normally shown by registering at a local job centre or something...

When did she finish working? You wrote "last February" but do you mean last month or in 2006? If it was 2006 and she hasn't been doing anything, then your application is likely to be refused because she is not "exercising treaty rights".

This is what I understand from the application process. If, however, she finished last month, then she can simply show she's been looking for a job- which is still counted as "exercising treaty rights", and she'll be fine. The best thing for her to do is register at a local job centre. Once you do this, simply provide the form and her p60/other docs from previous employer, and your application should be processed. BTW- do you have your passports back or is it still with HO?

However, if she stopped working Feb 2006 and did not register at a job centre or do anything, then you might be in deep doo.

Maybe other people with more experience would like to comment.

[Docterror]

If it was 2006 and she hasn't been doing anything, then your application is likely to be refused because she is not "exercising treaty rights".

Sorry sakura, I dont think that is quite right. She is exercising her treaty rights as a self-sufficient person. AlexS could easily send his last 3 payslips with a letter from his employer and send it to the HO with a covering letter that states that his wife is exercising her treaty rights as an economically self-sufficient person, and there should be nothing that stops them from issuing a Residence Card.

I filled section 4 with my details (and included all the proofs)

AlexS, can you pls tell what proofs you included with your application?

[AlexS]

Hi, thanks for you responses.

Well, my wife finished working last month, I think around february 15th, 2007.

And no, they didn't send my passport back, only this letter.

The proofs I sent with my applications were my last payslip (as of sept. 2006), letter from employer, all in original form, and my employer filled section 4.10 of EEA2 form.

I could send everything again tomorrow, my 3 last payslips and letter from my employer, and my wife's last 3 payslips. Does she really need to be registered at a Jobcenter? I mean, she's a teacher, and when she looked for work she didn't go through a Jobcenter.

I tend to think as Docterror, why she should be obliged to work or look for a job if she doesn't need it?

Thanks again.

[SunBlue]

Hi Alex,

When did you apply exactly in September?
I just wanted to know as they are taking exactly 6 months to process it? (I am also waiting for my application to be processed).

And it's annoying that they just send this letter to you after so long time.

Good luck and I hope it all goes well!

[AlexS]

I sent my application on September 28th, 2006, and I received the confirmation letter on October 4th.

I've read here on the forum that if you send EEA1 and EEA2 applications together they will process it much faster. I wish I'd have known that back then! I recently had to change 2 return flight tickets (paying a £75 penalty for each segment) , and my grandma passed away just 2 days after I was supposed to be back in Argentina should I have used those tickets.

[Docterror]

I tend to think as Docterror, why she should be obliged to work or look for a job if she doesn't need it

Fortunately, the HO tends to think the same way as well as evidenced by the changes they made to the Section 4 of the EEA2 forms from the August of 2006.

I would not suggest sending your wife's payslips as well along with the letter from your employer and your payslips tomorrow. It can create confusion as to whether she is exercising her treaty rights as a worker or an economically self-sufficient person. Send a covering letter letting them know that she is indeed a self-sufficient person. The only cause of your problem seems to be just sending one payslip along with the application. Even though it only says to send the last payslip in the EEA2 form, a quick look at my previous posts will show that I always suggest sending atleast 3 just to be on the safe side and prove that you are applying after the initial right of residence.

From what I have read so far about your case, your passport should be back with the Residence Card in the next few days. Dont see any other reason to suspect other wise.

[AlexS]

Thanks Jabi, I'll do as you suggest. Do you think it'll be wise to quote int the cover letter the relevant parts of the IND website, such as:

Can I live in the United Kingdom if I am not working?

You can live in the United Kingdom as a student, as a retired person or if you are not working as long as you have enough money to support yourself during your stay without recourse to public funds.

Or will they think I'm patronizing them?

[Docterror]

Alex, a better choice of words would be -

...my wife is exercising her treaty rights as an economically "self sufficient person" as per as paragraph 1(b) of Article 7 of Directive 2004/38/EC and as defined in Regulation 4(1)(b) of the Immigration(EEA) Regulations 2006. Proof of the resources available to her....

That way the only thing you have to worry about is appearing well-informed and not patronising! You can have a look at Directive2004/38/EC here and the Immigration(EEA) Regulations 2006 here.

[AlexS]

Thanks Jabi, I've sent the letter along with my payslips and letter from my employer today. I hope everything goes well, I'll let you know how it goes.

[AlexS]

Finally, today I got my passport back with the Residence Card stamped.
The stamp is dated 23/03, so they stamped it the same day they received my payslips and employer letter. But they only posted it on 4/04.

The thing is I had moved, and even though I had let HO know of my new address, and even though I signed up for Royal Mail redirection service, it was still posted to my old address. Fortunately, I had the precaution of asking my old landlord to let me keep a key for the mailbox, so I checked it out last night and the Royal Mail card was there, so I had to go and collect it myself from the enquiry office.

Jabi, thank you very much again and if you're in London sometime send a PM , I'd like to buy you a beer.

[Docterror]

...only a beer? Congrats! I am really happy for you and wish you all the best.

[Carlitos]

Docterror,
You know your stuff when it comes to things UK-immigration related.

In making an EEA2 application as a non-EEA spouse of an EEA national, does the Home Office hold onto the passports of both the EEA spouse and non-EEA spouse until the process in completed in six months and non-EEA spouse's passport gets the residence card?

What is the benefit, if any, of the EEA Spouse getting a Registration Certificate when she has to submit her passport in support of an EEA2 application anyway?

Looking forward to hearing your thoughts on this.

[AlexS]

Qué hacés Carlitos!

Yes, HO will keep both passports until the end of the process, even though they only need the non-EEA passport to stamp the residence card at the end of the process.

I learned from reading this forum (so don't take it as first-hand info), that if you send both application together (EEA1 and EEA2), it will go the EEA1 way and therefore be processed much faster, usually two months.

[Carlitos]

AlexS,

Thanks for that info, I did see that and wonder how I would submit two applications at once (same envelope?).

How long did it take you to get your Residence Card in your passport? I assume since you did not have your passport your could not leave the UK for that time?

Carlitos

[AlexS]

Yes, you should send it in the same envelope. However, if your partner already has the residence stamped, there's not need for her to apply again, so there's no other way than to send your own application EEA2.

It took them exactly 6 months to return my passport with the residence document stamped.

[Carlitos]

AlexS
Very good and very helpful--thanks for your input! Six months seems to be the norm for EEA2 applications.
Thank you again
Carlitos

[Nast66]

Dear all,
I found that this forum is very helpful and I just wanted to ask for your opinion, as a solicitor I contacted just made me feel even more confused.
We apply for ILR in October (using EEA3 for my husband (he is Italian) and EEA4 for me (I am Russian).
After 7 and a half month we received a letter (on the 18/05/2007) asking my husband to provide more documents ( p60, letter from employer and payslips) to cover 4 years. All these years he worked part time from October 2001 till may 2006 and also he was exercising his treaty right as self –sufficient person as I always had a higher income and I financially supported him. From May 2006 he is doing a full time job and as we were sending the applications in October, we sent his recent payslips also. I have sent all my payslips and P60’s covering all these years with our applications.
Could you please advise me on the above and I would highly appreciate if you could answer the question: do I have to send a covering letter stating that I was exercising my Treaty right as a worker and he is as self- sufficient person/part time worker? And what documents I have to submit again if he has no P60's and payslips?
best regards,