will ukba remove non-eea national

[Punjab]

Guys just a question I wish to ask. So I read in this forum that after having a regection for eea4 or PR UKBA ask non-eea to leave the country or they will be remove forcefully. Could UKBA do this even if non-eea is married to EU? Lets say in my case my eea2 is expiring in 2013 but I will be married with my wife for 5 year on December 2011. now if my eea4 is rejected will UKBA ask me to leave the country or can I still stay till my eea2 finishes and I can reaply for PR. Many thanks for your help.. oh the reason why I think my PR might be regected is my wife didn’t have work for 20-35 days ( I am not sure how many days exactly).

Many Thanks Guys

[Ken G]

Punjab, The right of residence for family member of EEA national does not end regardless of any stamp in the passport. This can happen in a few circumstances
1. S/he stops being a family, EEA national stops exercising treaty rights or returns to another member state/elsewhere.
2. Serious public safety issues (i.e risk to the authorities, terrorism etc)
In your case, was your wife exercising treaty rights, (i.e job seeker for 20-35 days). If yes then there will be no issues with your PR being sucessful. Also, UKBA cannot remove you unless you have breached the point 2 seriously. You may also qualify for PR in your own right.

[Punjab]

)
In your case, was your wife exercising treaty rights, (i.e job seeker for 20-35 days). You may also qualify for PR in your own right.

Hi Ken

Many thanks for your reply. I wish to add that during the time period when my wife had no job, we did apply to some jobs but i only have 1 email that prooves that my wife was looking for the work. but its my email where the company replied as my wife has no email at that time. do you think this will be alright? Many thanks again for your help.

[Ken G]

Punjab, Actually there is no set documentation required to prove that your wife has been a job seeker. Self declaration for such a short period is sufficient. What UKBA need to judge is that EEA national and the spouse/family member have been resident in UK without being an unreasonable burden on the public funds. From my knowledge, self declaration of being a job seeker accompanied by the email mentioned above will be sufficient. I assume your wife has resumed working and has been in effective employment before and after this period of job seeking.
There is nothing to worry as the UKBA will judge this application on your and your wife's continued stay, will consider any long absences from the county and the evidence of exercising treaty rights, job seeker being one of them. You PR should be sucessful without any complications. In a covering letter you may want to explain the process of job seeking i.e sent online CVs, job hunting at local high street, replying to advertisments from local papers etc, which ofcouse you wouldnt necessarily have the evidence of unless you were seeking a job purely to get a PR.

[Directive/2004/38/EC]

Punjab,

Why are you so nervous about all this?

You say you have been married for 5 years. If the RC is rejected, I think there is very little chance that she and you will subsequently be removed from the UK. That would not be "proportional".

[Punjab]

Dear All,

Many thanks for your precious time and help. It certainly has make me feel comfortable./ I hope everything will go on smoothly.

Many Thanks and Wishes

Punjab

[imraniqbal2010]

Gap upto 30 day is negtiable more than 30 days employment gap resets the clock

[Jambo]

Gap upto 30 day is negtiable more than 30 days employment gap resets the clock

This might be true for work permits but not under EEA regulations. There is no set time for a EEA to be exercising treaty rights if he is a job seeker as long as he stands a chance of securing a job.

[imraniqbal2010]

Gap upto 30 day is negtiable more than 30 days employment gap resets the clock

This might be true for work permits but not under EEA regulations. There is no set time for a EEA to be exercising treaty rights if he is a job seeker as long as he stands a chance of securing a job.

But how can we prove it.
Lets say my EEa partner had no job for the first year and then she got job in 2nd year and she is still working,Can we apply for PR as she is working from the last 4 years.
4years job plus one year(the first year) job seeker??
will home office accept it .

[Ken G]

Imraniqbal, We have had this discussion in another thread and i questioned the legitimacy of this claim. So far no one has come forward with any reliable source to prove your claim of "resetting the clock". There is no such this as that and it would be far more helpful to forum users if the info/advice here was kept actual and based on facts.

A job seeker is infact exercising treaty rights. A list of treaty rights is as below:

Employed
Seeking employment
Student
Self sufficient.

[imraniqbal2010]

Imraniqbal, We have had this discussion in another thread and i questioned the legitimacy of this claim. So far no one has come forward with any reliable source to prove your claim of "resetting the clock". There is no such this as that and it would be far more helpful to forum users if the info/advice here was kept actual and based on facts.

A job seeker is infact exercising treaty rights. A list of treaty rights is as below:

Employed
Seeking employment
Student
Self sufficient.

But this is not the answer to my question.

[Nimitta]

This might be true for work permits but not under EEA regulations. There is no set time for a EEA to be exercising treaty rights if he is a job seeker as long as he stands a chance of securing a job.

I recall something about 6 months limit for being a job-seeker. The period longer than that does not count as "exercising the treaty rights." Or maybe this limitation works only for the period directly following the entry?

[86ti]

Can be longer if there is a "genuine" chance of being employed.

[Jambo]

As with many aspects of the EEA regulations (durable relationship, reasonable burden on public funds, genuine and effective work etc) the directive doesn't give specific definition and it's the member state who implement those into guidelines which hold until challenged in court.

The 6 months are guidelines but if you can prove that you have effectively seeking job for more than that, the HO has no grounds to claim you were not exercising treaty rights.

[Punjab]

Gap upto 30 day is negtiable more than 30 days employment gap resets the clock

This might be true for work permits but not under EEA regulations. There is no set time for a EEA to be exercising treaty rights if he is a job seeker as long as he stands a chance of securing a job.

Many Thanks Jambo

[mrlookforward]

Gap upto 30 day is negtiable more than 30 days employment gap resets the clock

This might be true for work permits but not under EEA regulations. There is no set time for a EEA to be exercising treaty rights if he is a job seeker as long as he stands a chance of securing a job.

But how can we prove it.
Lets say my EEa partner had no job for the first year and then she got job in 2nd year and she is still working,Can we apply for PR as she is working from the last 4 years.
4years job plus one year(the first year) job seeker??
will home office accept it .

It will be better if members posted their queries clearly and tell their stories honestly for anyone to be able to give a proper answer. Just telling part of the story with lots of "If this happens" "If that was the case" "Lets say" etc etc makes this forum a kind of a joke.

[Nimitta]

The 6 months are guidelines but if you can prove that you have effectively seeking job for more than that, the HO has no grounds to claim you were not exercising treaty rights.

Thanks! Now it's clear. I thought 6 months were unconditional.

[Punjab]

guys this 6 months thing... is this after she come to the UK or after she lost or left her job... i am just bit confused..

Many Thanks