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Hi there,

I wonder if someone can help,

I am married to a Spanish citizen, we got married in the UK and I was issued a residence permit 6 years ago. 3 years ago we left the UK for Spain, but because of work reasons we returned back to the UK on April 2012.

My residence permit is about to expire, and it seems like I could obtain another one provided my wife is exercising treaty rights (not to be confused with permanent residence, it appears I am not eligible to apply for this because of my/our absence from the UK).

I am employed fulltime. My wife is been looking for work ever since our arrival with no luck, however, she has had lots of interviews (and lots of rejections). Someone told us that if she is out work for more than 6 months I would find it very difficult to obtain residence permit. So here comes my question:

As my visa is about to expire and given the fact that we are near the 6 months out of work rule, Could I apply on the grounds that she is a jobseeker?

If so, what can I do regarding Evidence of unemployment such as letters from their last employer showing how long they were employed for and whether their unemployment was involuntary or voluntary. We have been away for 3 years!

These days very little seem to be done on paper so we have lots of invitations to interviews, job seeking letters but everything has been done on line over emails, etc. Could we send these emails as evidence that she is actively looking for work?

Any help would be greatly appreciated, I am kind of getting desperate now.

Regards

J

Given that you are not obliged to carry and RC I don't think they will issue one on that basis. Others on the forum may have a different perspective.

However, she can claim to be self-sufficient based on your earnings if you both have comprehensive medical insurance.

Lucapooka,

Thanks so much for the reply.

So long as we have comprehensive health insurance could we apply on the ground of being self sufficient? Do we need to show my bank statements and work contract as evidence of my earnings?

I reckon Home office will issue RC on a jobseeker basis -it would't be an option on the form otherwise- my question remains whether they would accept emails and electronic applications as a form of evidence, plus what can I do about letters of unemployment given the fact we have been away for three years.

Once again, appreciate your help.

J

emails and electronic applications are accepted (it's what i used for eea1 application as jobseeker)

sc2012uk

Thanks so very much for your reply.

What did you regarding the letter of unemployment?

J

birongoxx wrote:sc2012uk

Thanks so very much for your reply.

What did you regarding the letter of unemployment?

J

I submitted the reference letter that i got from my last employer. In that letter they say what period I worked for them and what my function was etc. (Maybe the ukba saw that as enough proof that I am unemployed).

Actually, I put that reference letter in my evidence as proof that I have a genuine chance to find work (and not as proof that I am unemployed). The reason for that is that I also included some jobapplication letters which show that I am applying for work in the same field that is mentioned in the reference letter. (I thought about submitting my degree as evidence to show that I have a chance to find work, but decided against that and just included the reference letter as proof of having a chance to find work).

Anyway, looking back (checking the eea1&2 forms again (jobseeker evidence is thesame for eea1 and eea2)), I see now that I should have paid a bit more attention to the "proof of unemployment" part. But since I finally received my eea1 registration certificate as a result, maybe "proving you are unemployed" is not a big issue (OR maybe the ukba made a mistake in my favour checking my evidence).

By the way, if you apply for JSA at a JobcentrePlus I would think that is also proof that you are "involuntarily unemployed". Not sure.
It is allowed to apply for JSA allthough I didn't because instead I submitted email-evidence that I am registered with a private jobrecruitment office:
Initially I did go to a JC+ thinking I could get registered as a jobseeker there, but when I went there they told me I could not register as a jobseeker but I could only apply for JSA there...ridiculous, since the ukba states in their forms that evidence that you are registered at a JC+ can be submitted. So after the JC+ only took care of my NINo application, I went to a few private jobrecruitment offices to try to get registered there instead (i didnt need jsa). Most of them told me they do not work with registrations unless they have a job for me. One of the offices was willing to register me though. If they hadn't regitered me, I would have been (more or less) forced to apply for JSA, since that would have been the only way to prove "registration at a jobcentre".

Our problem precisely.

We went to the Job Centre and got told that my wife couldn't actually register with them unless she went for an specific job they were offering (which they don't have any on her field/skill set). We also got told that they are only there to assist regarding benefit matters. (Incredible)

She has registered with agencies but again, everything has been done over the internet, kind of filling an online form and getting the old "thanks for registering with us" page. I wonder if this would be enough evidence (as well as the invitation to interviews and job application's emails)

Also, she is doing some bar work but is only about 4 hours a week and only whenever she is needed, I am not sure if this is enough to apply on the grounds that she is a worker?

I really don't know what to do.

By the way really appreciate your help sc2010uk, thanks a lot.

J

birongoxx wrote: We went to the Job Centre and got told that my wife couldn't actually register with them unless she went for an specific job they were offering (which they don't have any on her field/skill set). We also got told that they are only there to assist regarding benefit matters. (Incredible)

Yes. When I kept insisting that the ukba wants this proof they started acting beligerently and made clear they wanted me to leave. They also said they have nothing to do with whatever the ukba does. wow.

birongoxx wrote: She has registered with agencies but again, everything has been done over the internet, kind of filling an online form and getting the old "thanks for registering with us" page. I wonder if this would be enough evidence (as well as the invitation to interviews and job application's emails)

That should be enough. I had to push the recruitment agency because they did not want to give me any proof of registration, while I spent a lot of time registering my personal and professional info with them (filling out forms in their office). Finally I received their email reply (after visiting their office again asking could you reply to my email please?) where they write "yes, you are registered with us." The printout of that email exchange I sent as evidence of being registered with a recruitment centre. Holy moly...

birongoxx wrote: Also, she is doing some bar work but is only about 4 hours a week and only whenever she is needed, I am not sure if this is enough to apply on the grounds that she is a worker?

I think ten hours should be enough (maybe twelve hours).
"Worker" seems to be the simplest option, if you have the contract(s) to prove it.

birongoxx wrote: By the way really appreciate your help sc2010uk, thanks a lot.

glad to help...i'm giving back after being helped on this and other forums...i feel it's "us against them".


I wonder if being "voluntary unemployed" asjobseeker is considered acceptable by the way....
from eea1&2 forms: "Evidence of your unemployment such as letters from your last employer showing how long you were employed for and whether your unemployment was involuntary or voluntary."
This line makes me think evidence of unemployement is more important than I thought.

Anyway, with everything I know now I would apply as self-sufficient. It seems WAY more straightforward (allthough I have read plenty of horrorstories about that route too).

Thanks a lot!

Apply as self sufficient seems straight forward.

Could we apply for this based on my earnings?

When they say Evidence of the funds to maintain myself and my family member, is there a minimal amount you have to have in the bank? Do I also need to show my work contract?

J

birongoxx wrote:Apply as self sufficient seems straight forward.

Could we apply for this based on my earnings?

When they say Evidence of the funds to maintain myself and my family member, is there a minimal amount you have to have in the bank? Do I also need to show my work contract?

I don't think that there's a minimum amount except that you should have at least the basic amount the state determines is sufficient (for a couple/family) to live on. I do not know what that figure is.

Thanks Plum70

Do you know if I need to show my work contract as well?

J

The easiest way of applying is by being a worker. Any work that is genuine or effective will do. Perhaps your wife could ask for extra hours at the bar of do some other part-time work while she is looking for something more permanent.

Job seeker is also possible, but others have reported difficulties in practice.

Self-sufficient is also possible, do you both have EHIC from Spain (used to be the old E11) or alternative health insurance?

EUsmileWEallsmile,

Thanks for your reply,

We are possitive she'll find a job, but because is has been a while since arrival back in the UK (almost 4 months), because she keeps getting rejections from interviews and because my visa is running out (next week!) I am getting very, very paranoid, hence why I am looking at different options.

Self-sufficient is also possible, do you both have EHIC from Spain (used to be the old E11) or alternative health insurance?

We don't, I guess we'll need to acquire one the covers us both with Aviva or AXA or something?

I know I have asked this before, could I apply on the grounds that she is self sufficient relaying on my earnings? would I need to show my work contract? Do I need to show my bank statement with a minimun amount in it as well?

Once again, thanks all for your help

J

birongoxx wrote: I know I have asked this before, could I apply on the grounds that she is self sufficient relaying on my earnings?

Lucapooka wrote:she can claim to be self-sufficient based on your earnings if you both have comprehensive medical insurance.

Yes (again) and you will have to provide evidence of this. Payslips and bank statements.

Great! Thanks so much Lucapooka

birongoxx wrote: We don't, I guess we'll need to acquire one the covers us both with Aviva or AXA or something?

this thread may be helpful...it's about what csi to choose:
http://www.immigrationboards.com/viewtopic.php?t=106052

it would be great to have a (sticky?) thread on this forum where people can report wether their csi policies got refused/accepted by ukba (since that seems to to be an issue with some policies)

i read some insurance companies dont let you buy their policy if you arrived less thn 6 months ago

wpa has a "partner free" offer at the moment (cutting price roughly in half) but if you dont mind spending a bit more I would prolly get bupa's comprehensive policy...they cover outpatient treatments "in full" (maybe making it hard for ukba to refuse the policy on account it not being comprehensive)

Make the application before she has been unemployed more than six months! Even if she is eventually refused on the grounds of long-term unemployment there will be a right of appeal. Why is she not claiming JSA? Even if she is not entitled to payment because you have an income, she should be able to 'sign-on' and get national insurance credits for doing so, this would also provide evidence of being a job-seeker and registration with the Jobs and Benefits Office.