Immigrationboards.com

Hello everybody,

I am a non EEA citizen married to an EEA citizen. we both came here on February and on July We have applied me for a Residence card and my wife for a registration certificate. After 1 month I have changed my jobplace and my wife (my sponsor) has stopped working to look after our daughter. I find out recently that HO use to call the sponsor employer, that means they will find out that my wife is at home and they will reject my application.
My questions are:
1 do they call random applicants or EVERY applicant?
2 if they reject my application. does my current employer know that? will I loose my job?
3 if my wife is still not working do they kick us out???

many thanks and hope to hear from all of you ASAP.

oussama87 wrote:Hello everybody,

I am a non EEA citizen married to an EEA citizen. we both came here on February and on July We have applied me for a Residence card and my wife for a registration certificate. After 1 month I have changed my jobplace and my wife (my sponsor) has stopped working to look after our daughter. I find out recently that HO use to call the sponsor employer, that means they will find out that my wife is at home and they will reject my application.
My questions are:
1 do they call random applicants or EVERY applicant?
2 if they reject my application. does my current employer know that? will I loose my job?
3 if my wife is still not working do they kick us out???

many thanks and hope to hear from all of you ASAP.

Just to clarify, a RC is not a visa. Its not a case of you get one and then you can do what you like in UK after that for up to 5 years.
If you stop qualifying for a RC, for example sponsor stops working, or leaves country or you divorce then the basis on which that RC was issued is invalidated.
The RC itself is just a confirmatory document, the critical factor is what your sponsor is doing and whether they are a qualified person.

1) Not clear as we don't work for HO.
Obviously your sponsor needs to be a qualified person for you and her to be able to reside (and work) in UK.
And you/she should have notified a material change such as this - just for the very scenario where UKVI check up on you.

Don't imagine caseworkers takes applications at face value! As you have discovered they can crosscheck and verify everything.

If now intending to be a selfsufficient qualified person both your sponsor and you (& daughter!) need CSI in place.

2) You may lose your job if employer determines you have no right to work. Employers face punitive penalties for employing illegals.

3) Get CSI in place asap.
Free movement does not mean you can just do what works for you and simply live here in UK;
read up on free movement and get with the programme.

Start here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

My wife has found a job already and she will start work in the middle of January on a part time job (21 hours/week) you think will be enough for her to be a qualified worker? do you think 21 hours/week are enough for HO?
I am thinking to appeal and meanwhile make another application once my wife get the job. what do you think about?

Cheers

oussama87 wrote:My wife has found a job already and she will start work in the middle of January on a part time job (21 hours/week) you think will be enough for her to be a qualified worker? do you think 21 hours/week are enough for HO?
I am thinking to appeal and meanwhile make another application once my wife get the job. what do you think about?

Cheers

UK will apply its MET test which is above and beyond the EU requirement for work to be genuine and effective.
At the moment, if no CSI, spouse is not a qualified person.
She may be when she has this job.

Your spouse/sponsor needs to demonstrate its genuine and effective work. caseworker will be checking if it passes MET test.

Not sure what grounds you have to appeal on - what refusal have you received (if any)?

I haven't received nothing yet, I am just asking.
If My wife start working after the refusal what shall I do?
How many hours are the minum to be eligible as a qualifed worker? Do you think 21 hours should be enough?

Thanks a lot

oussama87 wrote:I haven't received nothing yet, I am just asking.
If My wife start working after the refusal what shall I do?
How many hours are the minum to be eligible as a qualifed worker? Do you think 21 hours should be enough?

Thanks a lot

You will need 2 or 3 months worth of evidence before being likely to satisfy case worker.
In the meantime you need to buy CSI cover to regularise your stay in UK with a selfsufficient sponsor..

UK approach is not compliant with EU law which doesn't specify hours or pay.
But UK looks for minimum earnings, something of the order of £600-650 per month.

do you suggest me to make another application after 2-3 months that my wife is working? if they hold my passport how can I make a new application?

Thanks

oussama87 wrote:do you suggest me to make another application after 2-3 months that my wife is working? if they hold my passport how can I make a new application?

Thanks

You and rest of family appear to have no basis to be in UK at the moment.
I have suggested you regularise your position now.

I have explained you all need CSI in place in order to regularise your position with sponsor becoming a selfsufficient qualified person.
That should be first concern.

can you suggest me please an insurance company?
Cheers

oussama87 wrote:can you suggest me please an insurance company?
Cheers

The forum Ts&Cs don't permit the recommendation of commercial companies.

I suggest you Google Comprehensive Sickness Insurance and compare the various quotes.

Hi, I bought right now CSI for me and my family. What shall I do when I'll receive the refusal letter? Thanks

oussama87 wrote:Hi, I bought right now CSI for me and my family. What shall I do when I'll receive the refusal letter? Thanks

You can relax because if you are financing family and all have CSI cover then your sponsor is a qualified person.
You can all remain in UK on that basis; you can work too.

If you have all evidence then you may apply for an optional RC again, even on basis of sponsor being selfsufficient (so no need for sponsor to go out to work).
Or if sponsor has now decided to go back to work, rather than stay at home, you may apply for RC on basis your sponsor is a worker qualified person (if hours/pay is enough for UK MET test);
that is, once you have accumulated enough evidence.

Good luck.

thanks a lot my friend.