pls help urgent on eea2

darhvile · Post by **darhvile** » Sun Feb 12, 2012 6:12 pm

hi every1,pls just join this forum,i need help urgently,i have applied for eea2 on 12th of january 2012,but i didnt include my marriage certificate,but i got all d package back on d 7th of febuary with a letter that stated n dated 1st of february that i should provide evidence that my wife is exercising her treathy right in uk,i immediately sent back d application same day including my marriage certificate n a letter from job centre for her job seeker allowance since she has just registered with them as a job seeker after d birth of our son.my question is pls,do i have a chance of getting d card with my wifes job seekers lettter as evidence of her been exercising her treathy right?
thanks in advance for your reply.[/i]

Smallfamily · Post by **Smallfamily** » Sun Feb 12, 2012 6:51 pm

very slim chance

darhvile · Post by **darhvile** » Sun Feb 12, 2012 7:04 pm

Smallfamily wrote:very slim chance

thanks for your urgent response,pls why do u say so,i think beign a job seeker is also exercising treathy,i dont know if am wrong but i think a job seekers is class as as some1 exercising trearthy,i also include a covering letter stating she is ready to resume work after d birth of our baby.pls is a job seeker not excercising treathy right?

Smallfamily · Post by **Smallfamily** » Sun Feb 12, 2012 7:35 pm

The guidline is as follow:

EEA nationals are not expected to claim public funds. For the purpose of this policy, public funds means:
• Income support and income-based jobseeker's allowance
• Housing and homeless assistance
• Housing and council tax benefit
• Working families tax credit (see above for exception)
• Social fund payment (not to confuse this with social care which is not regarded as a public fund)
• Child benefit (see above for exception)
• Disability benefit/allowance
Applications should be refused where there is overwhelming evidence that the parent(s) is dependent on public funds. For example, a person would not be considered as exercising Treaty rights if he/she was working only a few hours per week and reliant almost totally on public funds. However, public funds received for six months or less, before the child’s birth, cannot count against a claim.

Your case depends on from how long she is out of work and how old your baby is?

Post by **Obie** » Sun Feb 12, 2012 10:49 pm

OP the situation with your case is that, it will be difficult for you to show a woman who has just given birth to a new born is seeking employment and has a genuine chance of securing job.

Even if you are successful, you will most likely be issued a Residence Card of limited duration, and you will be expected to reapply, after a period when your wife's situation could be reviewed, to see if she is genuinely seeking work and has a realistic chance of securing employment.

If you have sufficient resource, it will be advicable to get a medical insurance and apply on the basis of self sufficiency.

Also see Begum (EEA – worker – jobseeker) Pakistan [2011] UKUT 00275(IAC)

darhvile · Post by **darhvile** » Sun Feb 12, 2012 11:18 pm

thanks for your reply,my baby was born in november 2011,and my wife has been on full time job since 2009 till when d babys pregnancy was abt 4-5months,she stop working cuz of complication which i observered can disturb d pregnancy,so its abt 3months now since my child was born,she just registered with job centre on d 10th of february 2012,shes already on child benefit n child tax credit,i have also been working full time for d past 6month,i already hv a permanent ni number,my stays expire this february,do any1 knows if i still entitled to work even if my stays expired n if i am refused. what are my chances,slim or............ thanks once again

Post by **Obie** » Sun Feb 12, 2012 11:25 pm

You may be fine, but the matter seems complex. It need to be looked into properly. These are complex issues.

If she is pregnant, and due to her pregnancy, she stopped working, she may be classified as temporary unable to work, and may maintain status of work.

The benefits might be an issues if she is not a worker.

I wish you all the best mate.

darhvile · Post by **darhvile** » Sun Feb 12, 2012 11:32 pm

thanks for your urgent reply,pls remember d letter from d home office with d original application states that,if she is a job seekers,she must include a letter from job centre confirming shes a job seeker,that why i include d letter,pls my question u did not answer it,pls CAN I STILL BE ABLE TO WORK NOW OR IF THEY REFUSED ME AS MY STAYS EXPIRES IN ANOTHER 2 WEEKS?IF I WORK WILL IT AFFECT MY CHANCES AGAIN IF THEY REFUSED ME,MEANWHILE I INCLUDE ALL MY PAYSLIPS FOR SIX MONTHS IN MY APPLICATION.THANKS SO MUCH.

Post by **Obie** » Mon Feb 13, 2012 3:23 am

You should be fine if you make a valid application and send all the supporting document then a COA will be sent, which you can show to your employer.

Like i said it is difficult to tell the success of your application, as it will be down to a caseworker to decide if she is genuinly seeking work or not. This will involve assessing her circumstances.

In situation like yours, it would have been best to provide a supporting letter stating under which provision you are applying and how you meet the requirement of that provision

Smallfamily · Post by **Smallfamily** » Mon Feb 13, 2012 5:11 pm

It depends on the way you presented ur case with a cover letter explaining ur situation and also depends how well ur caseworker understands ur situation... Good Luck

freeman · Post by **freeman** » Sun Mar 04, 2012 2:41 pm

thank u so much obie and small family for your responses,i hv been away to manchester since my last post,i came back today and i hv at my door coa waiting for me and it states that i can continue working till 6month ,that means i made a valid application,meanwhile my cover letter clearly stated that my wife was still working till when d pregnancy was 5months old but she had to stop due to complication of pregnancy n a letter from her gp as regard this hv been included with my application,she has now given birth and its 3month i also stated on my cover letter that she is ready to resume work again as soon as she recieve an over,i included 1year payslip up till when d pregnancy was 5month old,her cv n other documents.pls what do u think my chances are?

bdpolska · Post by **bdpolska** » Sun Mar 04, 2012 3:52 pm

dear friends, my case about similar with darhvile. I also need some urgent advice from all of you my dear friends.
My EEA family permit visa will be expire with in 34 days. Yet i didnt apply because still my wife have no work. We have also 1 baby who is 1 year old. I am working full time since we are in UK.

Note: My wife is not registered as a job seeker and not getting any allowance.

Please my dear friends give me some advice so that I can apply as soon as possible. I am afraid because i have only 34 days left !
Advance thanks for some advices.

Post by **Jambo** » Sun Mar 04, 2012 4:06 pm

bdpolska wrote:dear friends, my case about similar with darhvile. I also need some urgent advice from all of you my dear friends.
My EEA family permit visa will be expire with in 34 days. Yet i didnt apply because still my wife have no work. We have also 1 baby who is 1 year old. I am working full time since we are in UK.

Note: My wife is not registered as a job seeker and not getting any allowance.

Please my dear friends give me some advice so that I can apply as soon as possible. I am afraid because i have only 34 days left !
Advance thanks for some advices.

Your wife doesn't need to work she can exercise treaty rights as self sufficient based on your income. You will need to have health insurance (CSI) to cover both of you. See section 8.1 in form EEA2 .

bdpolska · Post by **bdpolska** » Sun Mar 04, 2012 4:34 pm

Thanks Jambo once again. I remember you adviced me before when i was applying for EEA family permit.
I have 1 question, please tell me the checklist of documents i need to submit.

Thanks again

Post by **Jambo** » Sun Mar 04, 2012 5:25 pm

bdpolska wrote:Thanks Jambo once again. I remember you adviced me before when i was applying for EEA family permit.
I have 1 question, please tell me the checklist of documents i need to submit.

Thanks again

Check form EEA2 which contains a list of the required documents.

bdpolska · Post by **bdpolska** » Mon Mar 05, 2012 10:01 am

Thanks Jambo again. I got the cheaklists. Is it necessary to show any bank statement with big amount of money ? now i dont have any saving money in my account. My salary came to my account twice in a month and we expend from it. End of month balance come zero.

Post by **Jambo** » Mon Mar 05, 2012 10:56 am

There is no need to show savings but to show that you can live from what you earn/have without benefits.

MarksGrace · Post by **MarksGrace** » Thu Mar 08, 2012 11:07 pm

Hi everyone... I think I have the same issue... My EU partner and I have a 2month old son... we're not married yet and we have only lived together since Nov. 2010. I just want to know if there's a chance that I'd be granted a RC based on durable relationship I mean we have a son now.... we're trying to save money for our wedding. My visa expires on December 2012, my partner has been living and working here in the UK since February 2009. I submitted an application for eea2 but it was returned saying I need more proof of durable relationship... We don't have utility bills because our rent includes everything, I submitted a joint tenancy form and even included my sons' birth cert with both our names on it. Any reply would be greatly appreciated. Thanks.

Post by **Obie** » Fri Mar 09, 2012 1:12 am

This topic is different from what the original topic is. You action could be considered as hijacking a thread, which is not very nice.

Open a new thread and you may be able to get good advice

bdpolska · Post by **bdpolska** » Sat Mar 10, 2012 9:07 am

Hello my dear friends, I have one good news that my wife got a good . She will collect a latter from her employer that she start working with this company, 45 hours she work and how much she earn. I am going to send my EEA2 application next monday with following documents.

1. Latter from my wife's employer
2. Marriage certificate
3. my son's birth certificate
4. my wife's ID card and picture
5. my last pay slip
6. My passport.

Is there any other document necessary to send ? UKbA also require my wife's original ID card, when they will back my wife's ID. Is is necessary to send my son's Passport also ?

My dear friends, sorry that i asked too many questions.

Thanks again in advance.

bdpolska · Post by **bdpolska** » Mon Mar 12, 2012 2:36 pm

Hi dear friends, I am going to post my EEA 2 Application this week. Recently my wife got a full time job as i mentioned before and I am going to apply on the basis of her Employment. She already collect a latter from her employer with details. I have just 1 question that is am I have to buy any sickness insurance for me, my wife or my baby ? As we are already registered with GP. And I am also working full time for last 5 months.

Please advice me that is it necessary to buy if me and my wife is working full time ?
Thanks

Post by **EUsmileWEallsmile** » Sun Mar 18, 2012 8:04 pm

bdpolska wrote:Hi dear friends, I am going to post my EEA 2 Application this week. Recently my wife got a full time job as i mentioned before and I am going to apply on the basis of her Employment. She already collect a latter from her employer with details. I have just 1 question that is am I have to buy any sickness insurance for me, my wife or my baby ? As we are already registered with GP. And I am also working full time for last 5 months.

Please advice me that is it necessary to buy if me and my wife is working full time ?
Thanks

No sickness insurance required for your application.

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