Application for a 2nd Resident Card (EEA2)visa

[SG287]

Hello,

I am an Indian national and my wife is a Polish national. We have been married for 9yrs. I came to UK on a Tier 2 (WP) visa in Dec2006. My wife joined me in UK and was employed full time from March 2007 till May 2010. I received my Resident Card visa in Sep 2009. My wife was on Jobseeker Allowance from May 2010 till Oct 2010 and thereafter on Maternity Allowance. Thereafter, she has been a full time mom and taking care of our son. I have been working full time and supporting our family during this period and we have been financially self sufficient. However, I didn't have the CSI (got it in Jan 2013).

My application for Permanent Resident card has recently been turned down, as I didn't have CSI for the entire duration we have been self sufficient.

My wife has restarted work from Dec 2013. She is currently working 2 days (Saturday and Sunday) per week.

My questions are:
1) Can I re-apply for a Residence Card visa?
2) As my wife is not working full time, will it have any impact on the application? Are there any minimum number of hours that she has to work?
3) Could you recommend any immigration solicitor in the Croydon/London area?

Thanks

[chaoclive]

1) Yes - I've heard of people applying many times.
2) No need to work full-time, but a rough guide is about 12 hours per week. Don't go under that! Off course, the more the better. Keep her pay slips/P60!
3) Not sure - someone else may come and answer this.

[Obie]

I believe the relevant period for PR would have been from December 2006 to Dec 2011.

If she worked from march 2007 to May 2010 and then went on job seekers allowance, then she will maintain her worker status , even during the period of her maternity, which I believe might have run up to Dec 2011.

What were their reason for refusing PR?

Did you appeal the decision

In the alternative, you will be entitled to a new RC.

2 days employment will suffice, provided it is genuine and effective, in any event, she is entitled to exercise treaty rights in more than one capacity.

[SG287]

Thanks for the quick responses.

The main reason for the rejection was that CSI cover was not available for the entire duration we have been self sufficient.

I have not appealed the decision (I received my documents back 2 days ago). I would like to take some legal opinion before appealing / applying for a 2nd Resident Card.

Would greatly appreciate if someone can recommend any good immigration solicitor in the Croydon/London area?

[Obie]

I sent you a private message on that matter.

[SG287]

I sent you a private message on that matter.

Hi,

I am unable to view your message. I get the message, "You are not authorised to read private messages."
Are you able to directly email me?

Thanks

[Obie]

PM resolved I believe. If you are still unable to receive or send, let us know.

[nemerkh]

Similar situation here. Wife was self employed whilst looking after our new borns but PR refused as she was deemed economically inactive (apparantly you have to show a 70£/week income) and had no csi. We reapplied for another eea1/2 and got it thru self sufficiency and a CSI.
I would stringly advice you NOT to get a solicitor if you are applying for straight forward eea1/2. I got f****d for 2000£ for absolutely nothing. The only time you need one is for challenging decisions and tribunals.
Basically re apply for eea1/2 and start counting again make sure ur wife is exercising her rights. If not employed then just get her a CSI (i had AXA) until u sort out ur pr. Good luck

[SG287]

Hello,

I had made the decision to apply for another residence card. However, one of colleague's legal adviser told me that I have to appeal the decision or have to leave UK (based on the 'Notice of Immigration Decision' letter).

One section of this letter states, "You do not have a basis of stay in the UK under the immigration (EEA) regulations 2006. As you appear to have no alternative basis of stay in UK you should now make arrangements to leave."

Could you confirm whether I have to leave UK if I do not appeal the decision regarding permanent residence or can I remain in UK till my new residence card is processed?

Thanks

[SG287]

Similar situation here. Wife was self employed whilst looking after our new borns but PR refused as she was deemed economically inactive (apparantly you have to show a 70£/week income) and had no csi. We reapplied for another eea1/2 and got it thru self sufficiency and a CSI.
I would stringly advice you NOT to get a solicitor if you are applying for straight forward eea1/2. I got f****d for 2000£ for absolutely nothing. The only time you need one is for challenging decisions and tribunals.
Basically re apply for eea1/2 and start counting again make sure ur wife is exercising her rights. If not employed then just get her a CSI (i had AXA) until u sort out ur pr. Good luck

Hello, can you please confirm whether my wife has to apply for EEA1 before I can reapply for EEA2 (resident card visa)? My wife was registered under 'Worker Registration Scheme' in 2007. Does she have to do it again?

[nemerkh]

You both apply together eea1+2 providing a cover letter and all the payslips and p60s provided she works.

[SG287]

Thank you for your advice and moral support . I am applying today.

[nemerkh]

Good luck mate. We know how you feel.

[SG287]

I have received my 2nd Resident Card on 14/7. Thanks once again