EEA FP

safi khan · Post by **safi khan** » Fri Aug 23, 2013 9:30 am

Dear all.

I am writing to seek your advice on my situation,

me and my wife are in india on a holiday and I applied for eea fp.

My wife was working for a shop in London and she was working cash in hand which means no payslips contract or bank payment. and now when I applied for my EEA FP Her employer only confirm her employment through an emai Which we submit to high commissionl... and the visa officer says she is not satisfied my wife is exercising her EEA rights and demands to see wage slips or bank statement showing salary payments. which we obviously don't have and her employer had made it clear to her that he does not have any of this before and he is saying he cannot prove . and we just dont know what to do now please help....

safi khan · Post by **safi khan** » Fri Aug 23, 2013 11:17 am

Any replys please

Plum70 · Post by **Plum70** » Fri Aug 23, 2013 4:45 pm

Perhaps your wife should consider switching employers to one who pays employees' NI and tax as well as issues monthly P60s. This will ensure a hassle free process in proving that she is in credible employment in the eyes of the authorities.

safi khan · Post by **safi khan** » Fri Aug 23, 2013 6:39 pm

Thanks for your response Plum.

Ofcourse now we learned it hard way and my wife have already said to her employer that she will not work for him anymore if he does not provide her employment contract and payslips and he already said he is not yet ready to do so as his business is not making enough money for all this.... But what shall we do now ? make a new application without any job and write a cover letter explaining what happend or what ? please Help!!!!

Post by **EUsmileWEallsmile** » Fri Aug 23, 2013 6:58 pm

safi khan wrote:Dear all.

I am writing to seek your advice on my situation,

me and my wife are in india on a holiday and I applied for eea fp.

My wife was working for a shop in London and she was working cash in hand which means no payslips contract or bank payment. and now when I applied for my EEA FP Her employer only confirm her employment through an emai Which we submit to high commissionl... and the visa officer says she is not satisfied my wife is exercising her EEA rights and demands to see wage slips or bank statement showing salary payments. which we obviously don't have and her employer had made it clear to her that he does not have any of this before and he is saying he cannot prove . and we just dont know what to do now please help....

How long has your spouse been in India? If on an extended vacation, it could be argued that their return to the UK will reset their three month clock, where they would not require to be working.

For the record, payslips are not mandatory, an employment contact or letter from employer would suffice.

safi khan · Post by **safi khan** » Sat Aug 24, 2013 9:07 am

Thanks for your response Eusmile.

we came to India on 24 June 2013 and on 24 September it will be 3 months complete in India. shall I wait until then and make a new application after 24 September and write a covering letter explaining that the previous employment is no more and we are making a new application under reset clock of 3 months time? Hence we don't need to provide any employment confirmation, Do you think they can refuse me again on the basis of not providing payslips or bank statements for my wifes employment from my last application? and Yes we provided them a email Print out from her employer conforming her employment and the boss stated if they need any more information they can call or email him but they want to see payslips or bank statements. please advice......

Thanks.

safi khan · Post by **safi khan** » Sat Aug 24, 2013 6:25 pm

Any Replys please EUsmile or anyone else... I am desperate to sort out this mess help please!!!

Post by **EUsmileWEallsmile** » Sat Aug 24, 2013 8:44 pm

You need to understand the following.

EU citizens require to be workers (includes self-employed, job-seekers), students, self-sufficient persons in order to be resident legally in the UK. There are no conditions imposed during their first three months' residence.

Having resided in the UK, it is possible for an EU citizen to leave the UK, enter later on and commence their three months' residence anew.

EU citizens can have their family members accompany or join them.

It is not unknown for UKBA to misapply the law. An appeal may be necessary.

Has your spouse any Indian documentation? FRRO perhaps? Maybe, look into PIO for them. Any of this might add weight to the fact that your spouse does not currently reside in the UK.

Post by **EUsmileWEallsmile** » Sat Aug 24, 2013 8:48 pm

safi khan wrote:Any Replys please EUsmile or anyone else... I am desperate to sort out this mess help please!!!

I appreciate your concern and anxiety. It can take some time to get responses. All posts are voluntary. Don't take this as criticism, but you may need to be patient.

safi khan · Post by **safi khan** » Sat Aug 24, 2013 10:13 pm

Apology's for my impatience and I am grateful for all the voluntary help by all the legends like yourself on this website.

My wife is on a 3 month visa in India. And she does not hold any PIO.or FRRO
what is the best course of action for me in this situation. Shall I not just wait until 24 September which will make it 3 months time in india and make a fresh application and explain in a letter that we start anew after the 3 months time outside uk?

Post by **Jambo** » Sat Aug 24, 2013 11:01 pm

3 months outside the UK doesn't "reset" the clock. This happens if she leaves the UK permanently or after 6 months of absence. I agree that "leaves permanently" is a vague definition. As you already applied based on her employment, it would be difficult to change the story now. I would concentrate on the ECO accepting her status without providing payslips or bank statements although this can be challenging.

safi khan · Post by **safi khan** » Sun Aug 25, 2013 6:42 am

Thanks Jambo. And how do we prove that she left uk permanently for this 3 months? and also Can my wife change the employer and then submit a new job contract or payslips from her new job!? as she already left that job because of him not providing this documents.... Or would they still demand to see her last employers payslip ?

safi khan · Post by **safi khan** » Mon Aug 26, 2013 1:12 pm

Any replys please.

Post by **Jambo** » Mon Aug 26, 2013 2:27 pm

They would be interested in her current activities. If she finds new employment, her past employment is not relevant to the application.

Post by **Directive/2004/38/EC** » Tue Aug 27, 2013 1:15 pm

What is your wife's citizenship? How long has she been working in the UK?

Does she still have a flat in the UK, or some other place to live?

safi khan · Post by **safi khan** » Tue Aug 27, 2013 7:33 pm

Thanks Both Of You!

Jambo---So I think I can make a new application if they don't care about previous employment and submit a new working contract or company head letter from her new would be employer.... Hope that would be OK with them?

Directive---my wife is Spanish citizen and she's been working for the last 5 months continuously. and yes we do have a rented sharing house in London still.

Post by **EUsmileWEallsmile** » Tue Aug 27, 2013 7:36 pm

It would appear from what you've posted that your wife is still resident in the UK. Given that three months have passed, she will be expected to be a worker, student or self-employed person.

Worker requires letter of engagement from employer.

safi khan · Post by **safi khan** » Tue Aug 27, 2013 8:24 pm

Yes Eusmile. the problem with my wife's recent employer is he cannot give any proofs that she was working for him... Except an email that she works for him which I submitted with the application and the ECO claims is not sufficient proof of exercising treaty rights....and refused me an EEA FP and demanded to see payslip or bank statements along with the accommodation/rental agreement or something similar from my wife.

Hence we decided to get a new job and submitted that contract or letter head.

Post by **Directive/2004/38/EC** » Tue Aug 27, 2013 11:40 pm

Are you applying in Mumbai?

safi khan · Post by **safi khan** » Wed Aug 28, 2013 10:07 am

No Chennai. why ? Is there any difference if i am applying in Mumbai or chennai ?

safi khan · Post by **safi khan** » Fri Sep 06, 2013 6:07 pm

Directive can you please explain if there is any difference in Chennai and Mumbai your reply is highly appreciated in advance.

Post by **EUsmileWEallsmile** » Fri Sep 06, 2013 6:14 pm

safi khan wrote:Directive can you please explain if there is any difference in Chennai and Mumbai your reply is highly appreciated in advance.

No there is not or rather there ought not to be any.

safi khan · Post by **safi khan** » Fri Sep 06, 2013 10:53 pm

Thanks eusmile. can I ask you another thing can i submit a photocopy of my house rental agreement as we don't have the original with us?

Post by **EUsmileWEallsmile** » Sat Sep 07, 2013 8:22 pm

safi khan wrote:Thanks eusmile. can I ask you another thing can i submit a photocopy of my house rental agreement as we don't have the original with us?

I don't see why not, but then I fail to see its relevance. Why were you thinking of submitting it?

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