Immigrationboards.com

Hi guys,

My Non-EEA spouse received the following text message:

"Message from the Home Office. Our records show you may not have leave to remain in the UK. Please contact us on 08443754636 to discuss your case."

Background:

1. Spouse entered country legally through EEA Family Permit
2. Submit application for Residence Card (EEA2 as Student)
3. Family Permit Expires (beyond the 6 months)
4. Application for Residence Card refused: No health insurance provided (and therefore is wrongly concluded that the EEA national is not exercising their Treaty Rights).
5. EEA Family Member is no longer a student but an active job seeker (Jobcentre) and exercising his Treaty Rights
6. Non-EEA family member received the above-mentioned text message.

My understanding is that the residence card application is optional and has no effect on the residence status of the Non-EEA family member and since the EEA family member is exercising his Treaty Rights as job seeker the spouse has the legal right to remain in the UK... Correct?

What is the best thing to do? Call them? Email them?

Thanks!

You must have received that message from the company called Capita who work along with ukba to remind the people regarding their visas/permission to say. You must not ignore it even you are the family member of EU naional, therefore must contact and update them as they instructed to do so.

Good radiance to bad nonsense. I would call them and inform them to never call or text me again which was actually what I did when I was in your shoes. Take a look at the webpage below and also guide them to take a look at what UKBA website states which means they are not acting in accordance to the law as quoted below.


http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/

Do you need to apply?
You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national.

However, you may be inconvenienced if you do not obtain this confirmation, as:

you may have difficulty proving that you are lawfully resident in the UK;
if you leave the UK, you will usually need to obtain an EEA family permit before returning here, in order to guarantee readmission as the family member of a qualified EEA national; and
you may find it difficult to obtain or change employment.

Newbie24 wrote:Hi guys,

My Non-EEA spouse received the following text message:

"Message from the Home Office. Our records show you may not have leave to remain in the UK. Please contact us on 08443754636 to discuss your case."

Background:

1. Spouse entered country legally through EEA Family Permit
2. Submit application for Residence Card (EEA2 as Student)
3. Family Permit Expires (beyond the 6 months)
4. Application for Residence Card refused: No health insurance provided (and therefore is wrongly concluded that the EEA national is not exercising their Treaty Rights).
5. EEA Family Member is no longer a student but an active job seeker (Jobcentre) and exercising his Treaty Rights
6. Non-EEA family member received the above-mentioned text message.

My understanding is that the residence card application is optional and has no effect on the residence status of the Non-EEA family member and since the EEA family member is exercising his Treaty Rights as job seeker the spouse has the legal right to remain in the UK... Correct?

What is the best thing to do? Call them? Email them?

Thanks!

Having applied and having been refused and given that circumstances have changed, you should make contact. It is in your interest to have residence documentation.

sheraz7 wrote:You must not ignore it even you are the family member of EU naional, therefore must contact and update them as they instructed to do so.

Why do you believe the OP needs to contact the sender of the text message? Is there any legal basis?

Directive/2004/38/EC wrote:

sheraz7 wrote:You must not ignore it even you are the family member of EU naional, therefore must contact and update them as they instructed to do so.

Why do you believe the OP needs to contact the sender of the text message? Is there any legal basis?

What is a harm in contacting and updating with them your record/circumstances???

sheraz7 wrote:

Directive/2004/38/EC wrote:

sheraz7 wrote:You must not ignore it even you are the family member of EU naional, therefore must contact and update them as they instructed to do so.

Why do you believe the OP needs to contact the sender of the text message? Is there any legal basis?

What is a harm in contacting and updating with them your record/circumstances???

I can imagine that it could be a big waste of time to update them. And could in fact cause problems. Remember that they are not the UKBA. And they do make mistakes.

But you were earlier saying that the recipient "must" contact them and update them. I do not believe this is correct.

Are you really consistent with regard to your sayings. Check similar thread and your final answer there:
http://www.immigrationboards.com/viewto ... eportation

lalolaal wrote:hi

I just received a letter from capita (UKBA partner) which states, "you have over stayed in UK and u have to leave UK in 10 days". My EEA Residence card application is still under process in UKBA. Previously I have an EEA family Permit which was ended in march. I got no clue whether to cry or laugh on this stupidity. But one thing is sure, They will not issue me residence card.

Directive/2004/38/EC wrote:Just to be 100% clear, if you are married to an EU citizen then this does not apply to you and there is almost zero chance of you being deported (unless you are a very serious criminal or a threat to national security).

I asked for the text of the letter just out of interest.

You can ignore them if you want.

EUsmileWEallsmile wrote:I would not be inclined to ignore such letters. Make contact and point out the facts would be a better course in my opinion.

Directive/2004/38/EC wrote:You are write. I probably should not propose ignoring it quite so directly.

Please challenge the letter and ensure that UKBA is on track to issue your Residence Card. But definitely do not worry about the letter

Yes i would advise to contact them too; it's good o update the current immigration status with the Home office.

i heard a guy office was targeted by UKBA officers he had hard time to prove his status in the UK. He was taken to police station and then he needed to ask his wife to bring all the documents related to her exercise treaty right and marriage certificate to prove that he is a family member of EU national. He didn't bothered to apply to EEA2 even after 2 years marriage.

It is true that you may be "inconvenienced" for ten minuits /couple of hours /a day or two but I think the question is one of law , if your exercising treaty rights and able to prove it if required then no such requirements can be made, certainly not by third parties.

The climate of enforcement without the necessary information combined with the refusal culture of the H.O. needs challenge where ever possible to encourage it to remain lawful, in my view if UKBA turned round applications in a month there might be a more real relationship between application and activety