Home office letter requesting for further documents for EEA2

[jjoell23]

Guys I need your advice.

I had applied for EU residence card as non EU family member at the end of March, 2009.Got Acknowledgement letter after one month. Today almost after 6 months I have received letter from HO says:

[86ti]

Would you recommend that should I send my Swedish residence card to HO to give evidence of EEA family member would it help?

Why would you want to send in a residence card that has lost its validity by now and you probably should have returned to the Swedish authorities when to decided to leave Sweden?

[jjoell23]

Thanks for the reply.
Well I don't want to send residence Card to HO but that was just question to show evidence of our relation.
Would you please advise me what documents I have to send home office to satisfy, what they demanding for?
Thanks inadvance.

[yustynne]

Hello jjoell23,
I'm also a Lithuanian woman and my man is from Morocco. I wonder how you managed to get married to your Lithuanian wife in Sweden. Were you in Sweden on student visa and after you married you received RC? Or were you on work permit before getting married?

[jjoell23]

Hello yustynne,

I was on student visa while I was in sweden before RC.

[yustynne]

Hello yustynne,

I was on student visa while I was in sweden before RC.

Thanks for your answer but I have many more questions. How much time did you live together in Sweden before getting married? Did you meet her before in Lithuania? What documents each of you needed for marriage? Was it a long process or short and simple? Then did you apply for RC with your wife as a principal person who had to show all finances, housing, etc.? What documents did they require to submit for RC from each of you? How much time did it take to get the approval and was your RC valid for 5 years? I would be thankful for detailed answers because I'm almost in the same situation. Your help would be very nice.

[86ti]

You are required to send in your marriage certificate which you have already done. Write a cover lettter and make that clear. For the "exercising Treaty rights" you will have to send in fresh evidence. That's pretty much routine. They always ask for that.

Note that the cohabition part is connected by "or". Proof of cohabition is necessary for unmarried partners. You obviously haven't been living together anyway. So your evidence has to reach back since you started to be together again (June actually).

[jjoell23]

Dear 86ti,

Thank you very much. Things are pretty clear now but few more questions.

We have one common account which we opened in June, 2009. I already sent bank statement of that account which clearly shows our common address’s . I can get the fresh bank statement of that account and get them send again. Would it help to show the evidence that she is exercising treaty rights over here?

What about the self sufficient funds? (If your EEA family member has sufficient funds to avoid becoming burden on public funds, evidence of this should provide i.e. 12 months bank or building society statements, etc) Would you recommend that I write a fresh affidavit send HO again that I am the financial sponsor or does it has to be my wife bank statements to prove self sufficient?

Once again thanks for your time and advice.

[86ti]

We have one common account which we opened in June, 2009. I already sent bank statement of that account which clearly shows our common address’s . I can get the fresh bank statement of that account and get them send again.

Recent payslips is what they are usually after but you can also send recent bank statements if you really want to.

Would it help to show the evidence that she is exercising treaty rights over here?

Of course, you are required to but how is she doing that? Because you say

What about the self sufficient funds? ) Would you recommend that I write a fresh affidavit send HO again that I am the financial sponsor or does it has to be my wife bank statements to prove self sufficient?

I find it somewhat funny that you would have to write an affidavit for your own wife but what do I know about UK marriage laws... You said that you would have a joint account so if you send those in anyway you should be ok. Does the affidavit have to be notarized? If not it doesn't seem too much work to send it again.

If she is self sufficient she is required to also have comprehensive sickness insurance. So far I am unsure whether in a situation like yours the EEA national would be covered throught the working husband. Have you confirmation for that already? Anyway, please report back how it is going.

[jjoell23]

Thanks again.

Well in principle you are right a husband don't need affidavit. However, as you say you never know about UK rules. So I would send notarized.

I will send my recent payslips and bank statements as well. However, even during my application waiting time I have been sending my bank statements and pay slips to the HO to keep their mouth shut. One thing making me concern that we don’t have that much money in our common account. But would it be problem if I transfer money in that account now and get fresh statement?

When I applied I sent them EU insurance card which we had from Sweden. For the safe side I bought last month family insurance and sent of that letter already to HO.

Any further suggestion would be more than just help.Yea sure I will keep update.

[dublin3]

Listen mate you need to prove them that your spouse is exercising his/her treaty rights and your proof of residence send them EU national's payslips,His/her Job letter, tenancy contract, or either letter from your landlord or letting agency, and bank statements and the most important thing in your case is EU national's documents your payslips or your bank statements what you sending them are useless for them...so if your wife is in UK ask her to get you all these documents and send those to HO as soon as you can...

[86ti]

The EEA spouse is obviously self-sufficient and must show comprehensive sickness insurance and sufficient funds. To show the latter bank statements would be a suitable proof. Since they have a joint account they need to send in only a single set of statements.

[jjoell23]

Guys thanks again,

Yea sure I will send joint bank statements. I think which is clear evidence that she is exercising treaty rights in UK. Apart from my payslips etc.

How much funds have to be in our joint account. Any roughly idea?

[jjoell23]

I have found answer the question of second request document which HO asking for and for the mate Rebel 82 as well.

Of course providing our common bank account statement will show that she is exercising treaty rights in uk.

Answer for Rebel 82

"Self-sufficient person - The EEA national must be able to show evidence that they have sufficient resources not to become a burden on the social assistance system and have comprehensive sickness insurance cover. There is no fixed amount that is regarded as 'sufficient resources'. The personal situation of each applicant must be taken into account.
A retired person would qualify as self-sufficient if they can demonstrate that they are in receipt of a pension and/ or have sufficient funds not to become a burden on the social assistance system.

"An EEA national can qualify as self-sufficient based on the income of their non-EEA family member"

http://www.ukvisas.gov.uk/en/ecg/eunati ... anationals

So sending them my payslips would satisfy that EEA national qualify as a self suffiecent on the basis of partner constant income.Correct me guys If I am wrong?

[86ti]

"An EEA national can qualify as self-sufficient based on the income of their non-EEA family member"

http://www.ukvisas.gov.uk/en/ecg/eunati ... anationals

So sending them my payslips would satisfy that EEA national qualify as a self suffiecent on the basis of partner constant income.Correct me guys If I am wrong?

Nothing to correct here. Just send your payslips and also joint bank account statements if you wish. The only problem with self-sufficiency is the question whether you would be covered by NHS or not. NHS seems to believe so but HO doesn't. But you have proactively taken care of that anyway. I think you should be fine.

[jjoell23]

Guys,

First of all I would like to say thanks to all of you for your valuable advices and intellectual suggestions.

Today I have finally got my residence card for five years. Start from Jan, 2010 and expire Jan, 2015.
So I am free to travel and entitled to enjoy my basic human rights to visit my relatives abroad.

I have few more questions and expecting factual answers. As I had applied in March, 2009 for RC why would they have issued me from Jan, 2010. I was on Working holiday status before which runs out in May, 2009. To qualify for Indefinite stay in UK do I have to wait another 5 years or would I be able to qualify after 5 years(including my working holiday status May,2007 - May,2009 + duration I have waited for my decision) ?

And another question which might be shocking for few mates but I am willing to fight for the Family members of Eu who are suffering Due to home office. According to the Eu directive I would have get my residence card within 6 months which I didn't. Can I claim /litigate to the H.O for breaching my EU rights and the amount of stress I been through. I have all the reminder letters which I have been sending to the H.O and the copies of their apologies letters.

Look forward for your suggestions

[shussain452]

I have found answer the question of second request document which HO asking for and for the mate Rebel 82 as well.

Of course providing our common bank account statement will show that she is exercising treaty rights in uk.

Answer for Rebel 82

"Self-sufficient person - The EEA national must be able to show evidence that they have sufficient resources not to become a burden on the social assistance system and have comprehensive sickness insurance cover. There is no fixed amount that is regarded as 'sufficient resources'. The personal situation of each applicant must be taken into account.
A retired person would qualify as self-sufficient if they can demonstrate that they are in receipt of a pension and/ or have sufficient funds not to become a burden on the social assistance system.

"An EEA national can qualify as self-sufficient based on the income of their non-EEA family member"

http://www.ukvisas.gov.uk/en/ecg/eunati ... anationals

So sending them my payslips would satisfy that EEA national qualify as a self suffiecent on the basis of partner constant income.Correct me guys If I am wrong?

(Self-employed person - The EEA national must be able to show evidence that they have established themselves in the UK as a self-employed person e.g. a copy of business accounts or an accountant’s letter.
Self-sufficient person - The EEA national must be able to show evidence that they have sufficient resources not to become a burden on the social assistance system and have comprehensive sickness insurance cover. There is no fixed amount that is regarded as 'sufficient resources'. The personal situation of each applicant must be taken into account. )
can some one explain in more detail self employed and self sufficient?

[Ben]

As I had applied in March, 2009 for RC why would they have issued me from Jan, 2010. I was on Working holiday status before which runs out in May, 2009. To qualify for Indefinite stay in UK do I have to wait another 5 years or would I be able to qualify after 5 years(including my working holiday status May,2007 - May,2009 + duration I have waited for my decision) ?

In order to acquire the right of Permanent Residence in the UK, you should be lawfully resident in the UK for five years, with the EEA national of whom you are a family member and who exercises a Treaty right for said period.

[Ben]

can some one explain in more detail self employed and self sufficient?

Self employed: to be employed by oneself.
Self sufficient: to be able to provide for yourself and your resident family members from your own resources.

[shussain452]

can some one explain in more detail self employed and self sufficient?

Self employed: to be employed by oneself.
Self sufficient: to be able to provide for yourself and your resident family members from your own resources.

kind of resources some example plz and amount of fund
thanks

[Pakhtoon]

kind of resources some example plz and amount of fund
thanks

Haha what kind of question is this ? resources in this case means savings plus income.

amount of funds required is 9,99,999 pounds.

[shussain452]

amount of funds required is 9,99,999 pounds.[/quote]

Zaray Afghanay not £

[Pakhtoon]

Nope, rather pounds . That number of zaray Afghanay would be I think about 100 pounds or even less.

[jjoell23]

Dear benifa,

Do you mean I was not lawfully while I was on my working holiday visa? Could you please quote the reference to define lawful five years? So to qualify for indefinite stay in UK I have to wait another five years?

[Ben]

can some one explain in more detail self employed and self sufficient?

Self employed: to be employed by oneself.
Self sufficient: to be able to provide for yourself and your resident family members from your own resources.

kind of resources some example plz and amount of fund
thanks

Kind of resources - financial resources.

Amount of fund - no specific value, so long as it is sufficient for you needs and for the needs of your resident family members.