Please help with my application

[sokrat_28]

Hi i am anAlbanian citizen and i came to U.K on fiancee visa in Augoust. I got married in November. My vife is Slovakian citizen. She has been in U.K since october 2001. She worked here as an au-pair for two years then she got a student visa. On may 2004 she phoned the Home Office to ask whether she needs to apply for WRS. They said that she does not because she has been working for more than a year before may 2004. So after we got married we went to home office in croydon to apply in person. They gave us a form Eea1 and told us to complete it and send it by post. That is what we did. This morning we got our passports back with a letter for my wife saying that she cannot apply for a residence permit because she is a member of an Accession State and that she needs to register under the WRS. My Visa finishes in few days and we do know what to do. PLs help

[John]

It is my belief that the decision is wrong! Those from the A8 countries such as Slovakia already have certain EU/EEA rights.

Have a look at this topic and in particular my post on Thu Jan 12, 2006 at 11:48 pm (UK time).

That is, if your wife was working then the IND decision could well be correct, but as she is studying, I think it is the wrong decision.

[sokrat_28]

Hi i am anAlbanian citizen and i came to U.K on fiancee visa in Augoust. I got married in November. My vife is Slovakian citizen. She has been in U.K since october 2001. She worked here as an au-pair for two years then she got a student visa. On may 2004 she phoned the Home Office to ask whether she needs to apply for WRS. They said that she does not because she has been working for more than a year before may 2004. So after we got married we went to home office in croydon to apply in person. They gave us a form Eea1 and told us to complete it and send it by post. That is what we did. This morning we got our passports back with a letter for my wife saying that she cannot apply for a residence permit because she is a member of an Accession State and that she needs to register under the WRS. My Visa finishes in few days and we do know what to do. PLs help

HI John thanks for your reply. My wife is not currently studying she is working since december 2004. But when we rang the Home Office in 2004 they told us that she does not need to be registered under the WRS, becouse they said that she had been working as an au-pair. Even when we went to Home Office they saw our passports and gave us the EEA1 form. Do you think becouse we didnt show evidence that she had been working before May 2004 they refused our application. Can the au-pair visa be taken as evidence? Or does she need to show any other evidence? Pls help

[John]

If you look at my previous post in this topic, and read the Chapter 14 link that is there, one level down, then look at 4.2 in that chapter, you will see a list of people exempt from registering under the WRS.

That list includes :-

Those who held Code 1 conditions on 30 April 2004

I am not totally sure about this but I think Code 1 relates to those with permission to stay for longer than 6 months in the UK. Anyone reading this .... are you able to confirm what Code 1 means?