Welcome to immigrationboards.com!
Let me check if I understand you. You are saying that on the basis of what savings you have, coupled with no income, your family would be ineligible for benefits even if they were British and long-term resident, simply because your savings are too large. Is that correct?technospirit wrote:I have sent my wife's bank statements showing enough funds and also the private health insurance that bears all our names. (my two daughters as well) to show that she is self-sufficient. This is the exact application I had made for my initial residence cards 5 years back and that time I had received a COA with the right to work. I am quite shocked to see why I have received no right to work this time.
1) Although you provided information HO does not accepts its sufficient.technospirit wrote:MY queries are:
1. Would it be possible to write to them and request new COA because I have surely provided all information even though in the letter it states that 'We will not revisit the terms of your Certificate of Application during the consideration of your case'.
2. Should I call them on Monday to discuss the same or email with my case reference number and the issue pertaining to the incorrect 'COA'? if so, is email the best way or to post a letter addressed to the person's attention who sent me the letter to the address in Liverpool
3. Has anyone had similar situation and received the correct COA and if so how many days did it take?
I am really in a confusing situation now as my employer is looking forward to get me back to work asap but since this letter arrived today I believe my hopes of getting back soon to work seem unlikely. Is it worth mentioning to employer that I enrolled for biometrics but incorrect COA arrived?
Would be highly grateful if anyone could advise or help in this matter.
It may or may not have been sufficient 5 years ago; the previous RC may have been issued in error or by some fluke.this is because you have not provided sufficient evidence of your sponsor exercising Treaty rights.
The most relevant guideline I can find is Qualified Persons, especially p35 'Assessing sufficient resources'.technospirit wrote:I mentioned in the cover letter that my wife is self-sufficient through my income and also with what savings she has hence I applied under that category. It has been difficult for her to find even part-time work as she has to look after our two school going children. I am currently working at the moment but since last month I have been on unpaid leave as the employer thinks its illegal to employ me without any further proof.
Just possibly, the caseworker wanted to see your payslips, or even a letter confirming employment.technospirit wrote:In fact 5 years back, I had only mentioned that she was self-sufficient through my income and that worked just fine along with the documents of bank statements and the comprehensive sickness insurance. This time round I have provided bank statements (both her and mine covering the last 5 years) and the health insurance document which has all our names so they can see who's covered. Am i missing in providing something else?
If you have an honest employer, you must do something. The Home Office is likely to ring to ask him if you are working for him, and the likely answer will be 'no' or 'he is suspended'. At that point, your income will be assessed as nil, and your wife will clearly not be self-sufficient.technospirit wrote:Now my concern is if I give the case number to employer it might come back negative after verification with the employee checking service since I have got a COA saying I cant work. Does that mean I should just wait and do nothing till HO comes with a decision?
Yes - the opening post says, "I have sent my wife's bank statements showing enough funds and also the private health insurance that bears all our names.".member wrote:Has she been covered with CSI since being self-sufficient?
Obie mentioned in 2014 that this question has been submitted to the CJEU, in Kuldip Singh - Case C-218/14 Question 2. (Someone please advise me on how to name this case!) Anyway, the answer, dated 16 July 2015, is 'yes, the sponsor may'.noajthan wrote:It is unclear if a sponsor can rely on income from the dependent who is relying on the sponsor as qualified person in order to get that right to work in the first place.
technospirit wrote:Thank you Richard and everyone again for the valuable inputs. My daughters (7 and 9 years) are going to primary school here in UK though they were born in my wife's country (Lithuania). They were already born at the time I applied the first time for my Residence Card five years back. At that time we didnt have huge savings but through a solicitor's advice he said massive savings werent required as I could show that she is self-sufficient through my income. So I provided my bank statements along with the private health insurance and voila! that was enough to get me the residence card as I was satisfying the conditions set by HO for self-sufficiency.
I do think perhaps it might be the caseworker not having a look properly and hence I wanted to write to her about the same.
I also came across this thread though where they requested for an amended COA.
http://www.immigrationboards.com/eea-ro ... 59095.html
I shall update you once I have also called them tomorrow and shall send a letter posted to the address mentioned on my COA for the caseworker's attention.
If your savings are large enough they you would be ineligible for benefits if you were a British citizen, your wife is still a qualified person, and the caseworker should then have no serious doubts about the matter. We suspect the caseworker incorrectly decided that your income was not lawful income.technospirit wrote:At that time we didnt have huge savings but through a solicitor's advice he said massive savings werent required as I could show that she is self-sufficient through my income.