EEA4 help

[zero_j]

Hi there,

I wonder if someone can help

I got married in the UK to a spanish citizen on september 2005. I am Venezuelan. As she wasn't settled in the UK at the time (she was studying) I got granted a 1.5 year visa. After this visa expired (august 2007) I asked for an extention to stay which was successfuly granted (visa expires in 2012).

As far as I understand I would be eligible for PR on september of 2010 (5th wedding anniversary) it seems like I need to apply for this using the EEA4 form.

This form stablish that my wife have to be living in the UK exercising treaty rights (working, studying, being self suficient, etc.).

Now here's my dilemma

For the last year she hasn't been working nor studying, I have been supporting her.

Would the fact the she hasn't been exercising treaty rights affect my application when I am to apply for PR.

Please help.

Regards

zero

[JA13I]

If you have been supporting her, isnt she economically self sufficient...?

[zero_j]

I guess she is, but how can show the HO that I've been supporting her?

The'll ask for evidence of my wife exercising treaty rights, not mine.

[JA13I]

Simple. Start a bank account in her name, transfer part of your salary every month to her account and do most of your monthly expenditure like shopping, dining out, movies, fuel, etc from her account. Also set up direct debits and standing orders from her account as well.Alternatively you can get a joint account as well.

Add her name to ALL your bills, council tax, gym membership, BUPA, insurance and everything that you can think of and get it addressed to the same house as you both live in.

Hope that helps.

[zero_j]

Thanks Jabi

Really appreciate your help.

What you are saying makes a lot of sense, I got another question though.

What can we do with the evidence/papers from the last 8 months that she hasn't been working?

Once again, thanks for your help

[JA13I]

An 8 month break in a 5 year evidence of 'exercising treaty rights' can go unnoticed by many caseworkers, as they are not quite as pedantic about such things as you think.

Assuming you do come across a caseworker who is scruplous, 'job seeking' is excuse to use, as that is a valid treaty right as well which should easily cover the 8 month period!

That said, do cram as much evidence as you can into the next 4 months to show the "evidence" for her exercising treaty rights for the year. It is better to be proactive and avoid the pitfalls than to have regrets later.

[vadimvin]

An 8 month break in a 5 year evidence of 'exercising treaty rights' can go unnoticed by many caseworkers, as they are not quite as pedantic about such things as you think.

Assuming you do come across a caseworker who is scruplous, 'job seeking' is excuse to use, as that is a valid treaty right as well which should easily cover the 8 month period!

That said, do cram as much evidence as you can into the next 4 months to show the "evidence" for her exercising treaty rights for the year. It is better to be proactive and avoid the pitfalls than to have regrets later.

Hi,
I had an appointment yest. with one of the immigration solicitor, he said HO would refuse my EEA4, PR on the ground as my wife did not work here for 9 months. But I do not understand, in case if I have been supporting her, paid for accomodation, etc... does not mean she was self-sufficient.
Alternatively I think we can easy pay NI contributions as for self employed, etc.. Does this help?
Please advice.
Many thanks.

[Wanderer]

Hmm, self-sufficient to me means having independent means, not living off someone elses.

[vadimvin]

Hmm, self-sufficient to me means having independent means, not living off someone elses.

Well, I agree. But what if I have paid for all bills, flat, etc...? Other words I have been supporting her for some time, while she was looking for a job. I guess for HO more important the financial activity (work) then actual realtionship.