EEA2 Application

[Davis]

hi all

i have two questions about EEA2 application for RC. 1 is about public fund. my spouse has been on job seekers since 2001 but she recently got a job last week. will the previous history of getting job seekers allowance & housing benefits affect the RC application.

i recieved a letter to send evidences of Co-habitation but i couldn get any letter dated back to 2006 when we got maried, since we've moved a lot, can i send the recent letters e.g 2008-2009. does any one has experience of how far back the evidences has to be from, we got married in april 2006.


thank you all.

[thsths]

i have two questions about EEA2 application for RC. 1 is about public fund. my spouse has been on job seekers since 2001 but she recently got a job last week. will the previous history of getting job seekers allowance & housing benefits affect the RC application.

That depends on the history before you became a job seeker. If she was working for a year, I think everything is ok. Anyway, if you has a job now, that should be sufficient for the application.

i recieved a letter to send evidences of Co-habitation but i couldn get any letter dated back to 2006 when we got maried, since we've moved a lot, can i send the recent letters e.g 2008-2009.

That is odd. There is no need to demonstrate cohabitation, as long as your marriage is not in question. But as long as you have proof of cohabitation now, that should be ok.

[Davis]

thanks thsths,

how often does the rule changes for the EEA2 application, informations on Ukba website is not really an updated version. as it indicates application in process is still Feb 2008. does that mean i have to wait until feb 2010 for my turn?

thank you.

[shandave2001]

Your EEA2 application based on marriage, not cohabitation? Did you notify HO when you got marriaed?

[shandave2001]

Davis, as thsths said, you are married, so no more question of cohabitation or proof of cohabitation. However, lets be clear, have the HO office used the term of "cohabitation" when asking evidence? I think HO is asking evidence to prove that your marriage is genuine, not to prove 2 years' cohabitation as it does not apply to you after you got married (hopefully HO was notified after you got married).

HO has unfettered right to ask you to prove your marriage is genuine and such a right has been recognised under the EU law without any controversy. ECJ has been very clear on this.

At this stage, it seems, HO is asking evidence that your marriage is genuine, not alleging a sham marriage. However, if subsequently, HO is still not satisfied with your evidence of genuine marriage, then HO has to allege a sham marriage and burden of proof is on HO to prove it.

Evidence of cohabitation from 2006, for what purpose? Well, your EEA2 application is based on marriage, not 2 years’ continue cohabitation. Actually it may help if you quote relevant para of the HO letter where they ask you to provide evidence of cohabitation (genuiness of marriage).