Immigrationboards.com

Dear Senior Members,

Home office visited my workplace for routine check of the immigration status of workers.

Every one had valid work permit for one or two years except me, as I am here on EEA family permit which is valid till end of March 2016.

As I was not carrying Passport they made me to get my NI, passport including my wife's and daughters and enquired regarding work status of my wife, for which I said she is working part time that is 5 hours/day in a nursery Since March 1st 2016, for this the officer said, she has to work full time to exercise her treaty of rights.

And about my application for residence permit, for which I mentioned, as we have not got salary slips of three months hence not submitted, to this he said you need to apply or else you can be deported for not having valid residence permit.

They took my wife's number and spoke to her few minutes.

And also were asking about our accommodation for which I said as of now we are staying with our relatives and do not have any tenancy agreement, later they noted address and number of relative with whom we stay, and said next time when they visit they want me to have residence card.

After going through the previous threads in the forum I came to know that they cannot deport but was bit scared and embarassed as everyone in the work place were looking at as if I have done some offence or a illegal immigrant in UK.

Its bit sacry and am thinking to submit the EEA2 application for me and daughter as early as possible.

You must complain about the ignorance and the offensive manner in which the officer treated you.

He was only seeking to intimidate you. He had no right to do what he did and all what he said has no real basis in EU LAW.

Or maybe the OP was being defensive and/or aggressive, and the Officer was just doing his job?

Wanderer wrote:Or maybe the OP was being defensive and/or aggressive, and the Officer was just doing his job?

If his job was to make the country inhospitable to migrants, he was doing well. From the OP's account, I fear he will now to be suspended for several weeks at least, at least until he gets his CoA. The employer's excuse for the OP expires at the end of the month, and the office has planted a worry in his employer's mind that he isn't allowed to work - to be technical, that the OP's wife is not a qualified person.

Obie wrote:... what he said has no real basis in EU LAW

Indeed, even if EU law did not override British law, I don't think it would even have a basis in British law. The British definition of effective work is heading for a basis on pay, not hours.

Richard W wrote:

Wanderer wrote:Or maybe the OP was being defensive and/or aggressive, and the Officer was just doing his job?

If his job was to make the country inhospitable to migrants, he was doing well. From the OP's account, I fear he will now to be suspended for several weeks at least, at least until he gets his CoA. The employer's excuse for the OP expires at the end of the month, and the office has planted a worry in his employer's mind that he isn't allowed to work - to be technical, that the OP's wife is not a qualified person.

Obie wrote:... what he said has no real basis in EU LAW

Indeed, even if EU law did not override British law, I don't think it would even have a basis in British law. The British definition of effective work is heading for a basis on pay, not hours.

Thing is though, we only have one side of the argument, the big issue when responding to posts here - the OP will have bias and let's face it, it won't be totally 100% unbiased. When I did my law degree we were taught to base our opinion of all the facts, not just the complainant, all relevant. We don't know all sides, so fair to say we don't know anything really apart from someones perception. I've never practised law though so I'm no expert.

To balance this up, I've been chatting on another forum with someone who works for UKVI, or says he does (I think he does) and he's the most dearly beloved, bigoted homophobe ever, how he holds down a job there I've no idea.

I am cynical, but I'm none of those things!

To be fair, urging Arya_UK to get a residence card was probably the right thing to do, though the threat should have been dismissal rather than deportation. Or perhaps there is a real threat looming? If the pattern we see now with non-EEA family members suddenly realising they can't get permanent residence persists, the current immigration bill could see people's salaries being confiscated as proceeds of crime.

I'm wondering though, were the officer's words something like, "Get a residence card pronto, or you'll be out", where "out" meant "out of this job", and was misinterpreted as "out of this country"?

Is there any guidance on the trade-off between the number of payslips obtained and when to submit? Does just submitting one payslip seriously risk getting a negative CoA? There's time for a longer series to be submitted before the proper review - or is there deliberate idle time in the EEA2 process?

Obie wrote:You must complain about the ignorance and the offensive manner in which the officer treated you.

He was only seeking to intimidate you. He had no right to do what he did and all what he said has no real basis in EU LAW.

Thank you Obie....what you say is true probably I won't be having the guts to complain to any one.

Meanwhile my employer had called his soliciter regarding visit of Home Office people and he got the reply saying not to worry.

As mentioned by emplyer Soliciter will speak to the conerned authority.

Wanderer wrote:Or maybe the OP was being defensive and/or aggressive, and the Officer was just doing his job?

Thank you Wanderer.......probably yes I was defensive..and its true that officer was doing his duty

Wanderer wrote:

Richard W wrote:

Wanderer wrote:Or maybe the OP was being defensive and/or aggressive, and the Officer was just doing his job?

If his job was to make the country inhospitable to migrants, he was doing well. From the OP's account, I fear he will now to be suspended for several weeks at least, at least until he gets his CoA. The employer's excuse for the OP expires at the end of the month, and the office has planted a worry in his employer's mind that he isn't allowed to work - to be technical, that the OP's wife is not a qualified person.

Obie wrote:... what he said has no real basis in EU LAW

Indeed, even if EU law did not override British law, I don't think it would even have a basis in British law. The British definition of effective work is heading for a basis on pay, not hours.

Thank you Richard, employer per se....nothing has been planted as he had discussed with his soliciter regarding my employment and etc. But he suggestied one thing that is submit EEA2 ASAP.

Thing is though, we only have one side of the argument, the big issue when responding to posts here - the OP will have bias and let's face it, it won't be totally 100% unbiased. When I did my law degree we were taught to base our opinion of all the facts, not just the complainant, all relevant. We don't know all sides, so fair to say we don't know anything really apart from someones perception. I've never practised law though so I'm no expert.

To balance this up, I've been chatting on another forum with someone who works for UKVI, or says he does (I think he does) and he's the most dearly beloved, bigoted homophobe ever, how he holds down a job there I've no idea.

I am cynical, but I'm none of those things!

Yeah wanderer its definite that there would be bias as its my perception, probably from the officers point of view he was doing his duty.

arya_uk wrote:As I was not carrying Passport they made me to get my NI, passport including my wife's and daughters and enquired regarding work status of my wife, for which I said she is working part time that is 5 hours/day in a nursery Since March 1st 2016, for this the officer said, she has to work full time to exercise her treaty of rights.

And about my application for residence permit, for which I mentioned, as we have not got salary slips of three months hence not submitted, to this he said you need to apply or else you can be deported for not having valid residence permit.

They took my wife's number and spoke to her few minutes.

And also were asking about our accommodation for which I said as of now we are staying with our relatives and do not have any tenancy agreement, later they noted address and number of relative with whom we stay, and said next time when they visit they want me to have residence card.

...

There is no obligation on you to carry your passport around.

There is no obligation for you, a direct family member of EEA national, to possess a RC.

You don’t need to apply for a residence card as a family member but it can:

• help you re-enter the country more quickly and easily if you travel abroad
  show employers you’re allowed to work in the UK
  help prove you qualify for certain benefits and services

Ref https://www.gov.uk/apply-for-a-uk-resid ... d/overview

It is very kind of your wife to devote herself to looking after people's children and as long as the work is 'genuine and effective' it is good enough.

Richard W wrote:To be fair, urging Arya_UK to get a residence card was probably the right thing to do, though the threat should have been dismissal rather than deportation. Or perhaps there is a real threat looming? If the pattern we see now with non-EEA family members suddenly realising they can't get permanent residence persists, the current immigration bill could see people's salaries being confiscated as proceeds of crime.

I'm wondering though, were the officer's words something like, "Get a residence card pronto, or you'll be out", where "out" meant "out of this job", and was misinterpreted as "out of this country"?

Is there any guidance on the trade-off between the number of payslips obtained and when to submit? Does just submitting one payslip seriously risk getting a negative CoA? There's time for a longer series to be submitted before the proper review - or is there deliberate idle time in the EEA2 process?

Yeah Richard, Officer was right on his part to urge to get a residence card probably he was advicing in bitter tone and again its my perception regarding the oficers tone.

There is no misinterpretation regarding "out of this country", he clearly mentioned there are chances that you might be deported without proper documentation, probably even this might have been told to be in safer side rather risking.

Submission of application with one pay slip? is a million dollar question......

Hi Obie, Wanderer, Noajothan, and other Gurus any light on the submission of EEA2 with one pay slip?

In your own interest nope not enough.
If it's full time work yes you may proceed including a contract of employment. You should be fine.

Wise wrote:In your own interest nope not enough.
If it's full time work yes you may proceed including a contract of employment. You should be fine.

Thank you @ Wise

I did not understand " In your own interest nope not enough" but
EU national is working for 25 hours/week its permanent job, we have got contract of employment and declaration signed by the employer.

Dear Seniors,

I found one of the post from EUsmileweall smile.......the respected Guru, pasting the same below,

Probably this will encourage to submit the EEA2.

by EUsmileWEallsmile » Tue May 22, 2012 9:30 pm

sc2012uk wrote:
...wouldn't I have to wait for my first payslip regarding worker evidence before i can re-apply? that would mean an extra month delay at least, or would the workcontract suffice as evidence?


No need to wait, a letter of engagement from an employer or employment contract would be more than sufficient.