Please bear with me as this is long and may be a bit confusing.
My husband is from ROI and has been living in Scotland for over 5 years. He does not wish to apply for residence card as he only plans to live in Scotland another 3 or so years.
I am American and at the moment living with him in Scotland after just applying for an EEA2 which was refused. My appeal was dismissed and am in the process of reapplying. I was refused due to lack of documentation that he was working for himself. He is a plaster/roughcaster and because of the time of year and being a new business, work has been extremely slow since he went into business for himself in September 2009. And to be honest, we weren't handling his books properly, but since we've taken a class and are up to speed.
Last week he needed to sign back on Jobseekers allowance, which is fine other than prior to him working for himself he was on benefits 15 months. During that 15 months he was in a trade school for plastering and also was in the Access Partnership programme who teach people how to go into business for themselves. Before benefits, he had been working for a roughcasting company 2 years and his first year living here he was on benefits twice for two months at a time. We are seeing business pick up, but the jobs won't start for a couple weeks and I need to apply by tomorrow at the latest (was given 5 days since my appeal was dismissed).
The following is copied from NCADC who is a voluntary organisation for people facing deportation:
If an EEA national temporarily ceases employment, can he still be considered a Qualified Person in the UK?
Under certain circumstances as follows:
* s/he is temporarily unable to work as the result of an illness or accident or,
* s/he registered as a job seeker and
1. was employed for one year or more before becoming unemployed;
2. has been unemployed for no more than six months; or
3. can provide evidence that he is seeking employment in the United Kingdom and has a genuine chance of being engaged;
* is involuntarily unemployed and has embarked on vocational training; or
* has voluntarily ceased working and embarked on vocational training that is related to his previous employment.
What I'm wondering is if we have any chance of being granted a family permint due to number 3 from above and the information I have provided about our situation?
Also, is there any paperwork I could send in that may sway the Home Office in our favour?
Thank you,
T
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222