PR application ongoing - EEA spouse leaves UK

[exceptionally]

I am Non EEA married to a Dutch citizen.

Relationship
We started living together since December 2010.
Got married by proxy in Feb 2011
Applied for RC in May 2011. RC granted in Nov 2011 after appeal. (We Married in the UK September 2011).

EEA Employment
Started as self employed in Dec 2010 - April 2012
Employed from April 2012 - 31 March 2015 (One employment).

PR timeline
Application sent 1/2/16 (Joint EEA n Non EEA)
confirmation email, biometrics, Coa with rtw all received by end of March 2016.

EEA spouse job ended 31/3/16. He started looking for another work and decided to register as self employed (gardening services). Business has been very slow and frustrating for him. The situation has had its toll on the relationship and two weeks ago he decided to leave the UK for good.

Our application is still under consideration, we are yet to update HO with his current employment situation but now he has gone back to Holland and hopes to find something doing and wants me to join him there if I am still interested in the marriage.

What should I do now? - Inform HO about his loss of job/ inform HO about his new self employment registration/inform HO that he has left the UK?

We made our application using the monster form and sent a bank of supporting documentation but who knows what the HO might come up with. Are there any pathways for me in this situation just in case the application outcome is not favourable (I am not being negative please)?

[member]

Did he have CSI when he was self-employed?

[Noetic]

Did he have CSI when he was self-employed?

You only need CSI when studying or self sufficient as long as self employment is what Home Office deem "genuine and effective" eg making money. (Which admittedly may not have been the case by the sounds of it )

[secret.simon]

What should I do now?

First you should decide whether settlement in the UK is more important than your relationship or not and whether you want to move to the Netherlands or not.

PR in the UK would be lost after two years abroad (including in the Netherlands) anyway.

[member]

Did he have CSI when he was self-employed?

You only need CSI when studying or self sufficient as long as self employment is what Home Office deem "genuine and effective" eg making money. (Which admittedly may not have been the case by the sounds of it )

You are correct.

[noajthan]

Our application is still under consideration, we are yet to update HO with his current employment situation but now he has gone back to Holland and hopes to find something doing and wants me to join him there if I am still interested in the marriage.

What should I do now? - Inform HO about his loss of job/ inform HO about his new self employment registration/inform HO that he has left the UK?

We made our application using the monster form and sent a bank of supporting documentation but who knows what the HO might come up with. Are there any pathways for me in this situation just in case the application outcome is not favourable (I am not being negative please)?

You will see the application form Declaration requires applicants to notify HO of material changes after filing the application.
For one thing, a caseworker may contact the 'current' employer to verify employment.

I confirm that if, before this application is decided, there is a material change in my circumstances or new information relevant to this application becomes available, I will inform the Home Office

On what basis did you apply for confirmation of PR?
Was it:
On basis of a durable relationship 'akin to marriage', since 2010 (until the actual marriage, 2011)?
Or from date of UK-recognised marriage (2011) ?

Did sponsor's employment end in March 2015 or in March 2016? Dates seem muddled or unclear.

If someone in a similar situation decided to divorce in UK and their sponsor remained in UK during divorce (my understanding is, from initiation of proceedings) and sponsor was exercising treaty rights (at initiation of proceedings) then that family member may have a case for retained rights ROR (if they had not yet acquired PR in UK).

[exceptionally]

Our application is still under consideration, we are yet to update HO with his current employment situation but now he has gone back to Holland and hopes to find something doing and wants me to join him there if I am still interested in the marriage.

What should I do now? - Inform HO about his loss of job/ inform HO about his new self employment registration/inform HO that he has left the UK?

We made our application using the monster form and sent a bank of supporting documentation but who knows what the HO might come up with. Are there any pathways for me in this situation just in case the application outcome is not favourable (I am not being negative please)?

You will see the application form Declaration requires applicants to notify HO of material changes after filing the application.
For one thing, a caseworker may contact the 'current' employer to verify employment.

I confirm that if, before this application is decided, there is a material change in my circumstances or new information relevant to this application becomes available, I will inform the Home Office

On what basis did you apply for confirmation of PR?
Was it:
On basis of a durable relationship 'akin to marriage', since 2010 (until the actual marriage, 2011)?
Or from date of UK-recognised marriage (2011) ?

Did sponsor's employment end in March 2015 or in March 2016? Dates seem muddled or unclear.

If someone in a similar situation decided to divorce in UK and their sponsor remained in UK during divorce (my understanding is, from initiation of proceedings) and sponsor was exercising treaty rights (at initiation of proceedings) then that family member may have a case for retained rights ROR (if they had not yet acquired PR in UK).

Good morning and thanks for your time.

PR applied on the basis of durable relationship since 2010 because appeal was allowed and RC issued before marriage in UK. Although we sent in the marriage certificate but it was returned immediately and we were told that a decision had already be made on our case.

Sponsor's employment ended 31/3/16. He registered as self employed in May 2016.

In this case, what changes do I report?
As he just started self employment, what does sponsor need to submit (He already got letter from HMRC for self employment registration ). Also business advertised on Gumtree, flyers printed, some gardening equipment bought from Argos.

Do I have to notify HO that sponsor has left the UK? What if case worker needs to verify self employment and makes a call to the number on the business flyer?
Please I am troubled. I have got kids from previous relationship and it is not in their best interest to relocate.

[noajthan]

Good morning and thanks for your time.

PR applied on the basis of durable relationship since 2010 because appeal was allowed and RC issued before marriage in UK. Although we sent in the marriage certificate but it was returned immediately and we were told that a decision had already be made on our case.

Sponsor's employment ended 31/3/16. He registered as self employed in May 2016.

In this case, what changes do I report?
As he just started self employment, what does sponsor need to submit (He already got letter from HMRC for self employment registration ). Also business advertised on Gumtree, flyers printed, some gardening equipment bought from Argos.

Do I have to notify HO that sponsor has left the UK? What if case worker needs to verify self employment and makes a call to the number on the business flyer?
Please I am troubled. I have got kids from previous relationship and it is not in their best interest to relocate.

Makes sense now, so you should have a reasonable case for confirmation of PR status.

Who filed the application?
Was it a joint application or just for you?
Whoever filed it should notify the updates.

Suggest advise change of sponsor from employed to self-employed status in first place
Not sure if you have to submit more than basic supporting information at this stage.
If HO are interested they will probably write and ask.

If you state sponsor is now self-employed the caseworker may well call the contact number and expect it to be answered.
(Rather than calling the old employer's number and being told "he's left" which will have consequences related to lack of proof of treaty rights).

An EEA national can leave country for up to 6 months and not break continuity of residence in UK.
If that is the case (not sure) then all good. Those on EU migration route are allowed holidays and travel away from UK.

If you also state and explain sponsor has left for good then its not clear where that leaves your part of the application.

Hopefully your PR status will be granted on the grounds that you have already acquired PR;
then you can operate in UK in your own right, ie to reside, work study.

Worst case you may be able to file an application for ROR as outlined previously (above).
But for that to fly (assuming divorce is on the cards) the divorcing parties (I did say worst case) need to be in UK at appropriate times.

If you do achieve confirmation of PR directly (or via ROR route) then there is no need for you to exercise to treaty rights in UK.
And after 12 months of holding PR status you could shoot for privilege of citizenship in your own right;
(assuming the requirements for naturalisation can all be met).

Good luck.

[exceptionally]

Who filed the application?
Was it a joint application or just for you?
Whoever filed it should notify the updates.

Application was completed by EEA sponsor.
Joint application
Can I send notification of the changes on his behalf?

Code: Select all

Suggest advise change of sponsor from employed to self-employed status in first place
Not sure if you have to submit more than basic supporting information at this stage.
If HO are interested they will probably write and ask.

What do you consider basic supporting information for this purpose?

Many thanks

[exceptionally]

Please what is the HO address to send correspondence in this regard?

[noajthan]

...

What do you consider basic supporting information for this purpose?

Many thanks

The HMRC registration and a flyer or two should be a good start.

Yes, if joint application then you would be entitled to send in an update.

Suggest keep a copy of the letter and information you submit for your records and for future reference.

[exceptionally]

...

What do you consider basic supporting information for this purpose?

Many thanks

The HMRC registration and a flyer or two should be a good start.

Yes, if joint application then you would be entitled to send in an update.

Suggest keep a copy of the letter and information you submit for your records and for future reference.

Thanks Noajthan.

Please which HO address do I send the notification of change?

[noajthan]

Thanks Noajthan.

Please which HO address do I send the notification of change?

Suggest use same address as originally used to file application.

[exceptionally]

Thanks Noajthan.

Please which HO address do I send the notification of change?

Suggest use same address as originally used to file application.

Sending off straightaway.
I am ever so grateful.

[exceptionally]

Document received yesterday by HO
I sent a cover letter with the following documents:

Old employment
Termination of employment
March 2016 (Final) Payslip
P60 2015/2016

New self-employment
HMRC registration
Gumtree business advert + clients enquiry via gumtree (printed off gumtree account)
Yell free listing request (printed off email)
Argos receipt for purchasing gardening tools (email receipt)

No flyer or complimentary card sent .

The case worker might not request any further documentation and refuse our application based on insufficient evidence. So I plan on sending further documents next week.

What do you think?
Also please what evidence should I provide to meet the factors below, considering that the business has only been trading for 1 month and done few jobs so far?

• Economic activity
• Responsibility and personal freedom
• Genuine and effective self employment
• Registration with HM Revenue & Customs (HMRC)