Immigrationboards.com

Sorry for the moderators on advance, I've already have a topic on my case http://www.immigrationboards.com/viewto ... 665#539665 but things are getting complicated for us.
I really would like some advice, its gonna be a long post so please bear with me.
Some of the basics facts:
We got married on the 20th of March, on the 23rd of March i send my EE2 application which was received by the HO in the 26th of march.
My wife lives in the county for 15yrs now, and have three children from previous relationship, she claims Working Tax Credit as a single parent, and oh the 29th of March she called Ireland Revenue to update her status to married couple. Because of that her payment have been frozen, although we are married I do not have an insurance number, haven't received my COA, all in all i can work and support the family in any way. That out us in a lot of financial strain, and from next month on the mortgage payments are in jeopardy.
So she decided to as for our local MP help in the case, Mr Jonathan Djanogly, since she was already asking for his help we agreed I should also mention my EE2 application and see if he can speed up the issue of my COA, at least my COA so i could look for work and ease up things at home.
I am a very patient person and don't mind waiting for my RC, i also understand that a lot of people here are waiting way longer than me and I shouldn't be whining.
Today we received an rather upsetting phone call form what appears to be one of his aides. I will explain why the phone call was so upsetting. The level of inaccuracy in the information she gave was abysmal.
She mention that because of me being illegal prior to applying, my case may take up to a year if not more, I pointed out the DIRECTIVE 2004/38/EC, saying it should take more than 6 months, just to hear her saying she deals with cases like this all the time and my point was invalid, I also said i only want my coa, again she said unlike i will receive it any time soon even though i mentioned the directive on the coa being issued immediately, but the way she said it i dont think she even knows what a COA is, She even went on to tell my wife I still risk being removed from the country for being illegal prior to marrying my wife.
Here is the deal, I will write a complaint to the MP, in order to do so I need your help to clarify all the points i mention, if possible link me with the piece of legislation so I can read. Im deeply upset in the manner she dealt with us and I wanna educate her/him on the subject.
I'm also seriously looking into taking this further, so any help you guys could give me would be great.
Thank you very much for your help and support in advance !!!

I would not worry too much about what the MP aide said. She is clearly not familiar with the EEA regulations. Probably because she mainly deals with cases under the UK domestic immigration rules which are different.

See here link to the legislations:

Regulation 17 (3) wrote:On receipt of an application under paragraph (1) or (2) and the documents that are required to accompany the application the Secretary of State shall immediately issue the applicant with a certificate of application for the residence card and the residence card shall be issued no later than six months after the date on which the application and documents are received.

Thanks Jambo, i am reading on that as I write. Do you have any insight on whether my wife can still claim work tax credit? if so any piece of legislation I can read on?
Thanks

You wife has been living in the UK for 15 years so I assume that during that time she did work for a continuous period of 5 years. If this is the case, she has automatically obtained PR status according to Regulation 15. With PR status, she is entitled to the same benefits as a British citizen and this should not affect your application.

Even if she has not obtained PR status, working tax credit is unlikely to affect her status in the UK as this is considered a "top-up" benefit and isn't really a burden on the state.

From the HO guide on public funds:

Public Funds wrote: In some circumstances EEA nationals may claim public funds and retain their right of residence under EC law (eg 'top-up' benefits for low-paid or part-time workers, persons who are involuntarily unemployed etc)

Thanks again Jambo, just to add up, my wife is worried she is not entitled to benefits because she updated her details from single to joint claim, that is our main worry until i can look for work.
Thanks

From the immigration point of view, claiming or not claiming working tax credits has no affect on her or your status.

Whether following the change of circumstances she meets the criteria for this benefit is another matter (I believe she will need to work 24hours a week if you don't work). This has nothing to do with immigrations.

Jambo wrote:From the immigration point of view, claiming or not claiming working tax credits has no affect on her or your status.

Whether following the change of circumstances she meets the criteria for this benefit is another matter (I believe she will need to work 24hours a week if you don't work). This has nothing to do with immigrations.

Is good to have someone like Jambo on this forum, I have always read your post and seems to be 99% correct.

Like Jambo rightly said claiming working tax credit does not affect either of your status but now leaving as a couple and one working less than 24 hours without any disabilities awards or been single parent would automatically stop you from been entitle to WTC, this is based on the new rules of working tax credit from the 6th of April 2012.

Now the questions are; how many hours does your wife do per week?
do you or any member of the household has any disabilities and if yes, do you claim any disabilities leaving allowance?

hi, i should of updated this ages ago.
She works 30 hrs per week on average. I received my coa early this week and booked an appointment to get my NI card same day, and with the reference number i called Inland Revenue and told them so, was told to call back once my NI was issued and our claim would be them sorted.
On the other hand, our local MP is completely unaware of any European legislation, we exchanged some emails where I clearly pointed out his mistakes, he kept claiming i was gonna be deported, I shouldn't have applied for EEA RC. So on my last email to him I pointed out my marriage lawfully took place in England, an immigration officer came to see me and DI NOT arrested/deported me, told him I was concern about how can he represent our constituency when a considerable percentage its European and would have issues similar to mine, on the mean time I contacted the Parliamentary Standards Commission on whether I have a valid point for a complaint, but was told they don't deal with this sort of matter. So i'm wondering where else could I complaint about this issue. I d really love to have him knocking on my door actually.
Anyway, tax credit and eea application don't influence each other

psuch2 wrote:hi, i should of updated this ages ago.
She works 30 hrs per week on average. I received my coa early this week and booked an appointment to get my NI card same day, and with the reference number i called Inland Revenue and told them so, was told to call back once my NI was issued and our claim would be them sorted.
On the other hand, our local MP is completely unaware of any European legislation, we exchanged some emails where I clearly pointed out his mistakes, he kept claiming i was gonna be deported, I shouldn't have applied for EEA RC. So on my last email to him I pointed out my marriage lawfully took place in England, an immigration officer came to see me and DI NOT arrested/deported me, told him I was concern about how can he represent our constituency when a considerable percentage its European and would have issues similar to mine, on the mean time I contacted the Parliamentary Standards Commission on whether I have a valid point for a complaint, but was told they don't deal with this sort of matter. So i'm wondering where else could I complaint about this issue. I d really love to have him knocking on my door actually.
Anyway, tax credit and eea application don't influence each other

There are lot of MP's that seems not to know what their roles are, all they do is enjoy cup of tea and booking holidays! what borough do you leave in

I live in Huntingdon, Cambridgeshire. My MP is Mr Jonathan Djanogly.
He is a conservative, although i cant vote I do lean towards labour.

psuch2 wrote:I live in Huntingdon, Cambridgeshire. My MP is Mr Jonathan Djanogly.
He is a conservative, although i cant vote I do lean towards labour.

Same here am also into labour... let see what we can do about this your MP I know someone who can help...

thanks mate, i would be happy for him to say sorry and recognize his mistake. Please let me know if/how you can help. tahnks