Directly underneath the title "CERTIFICATE OF APPLICATION" the first sentence should read, "Thank you for your application for a Residence Card". There should be no mention of a Derivative Residence Card in the letter. Perhaps you should query it with UKVI in case they have got things mixed up.
It will be interesting to see if anyone gets hassle or turned away if they come through without a marriage certificate, for instance if they got their residence certificate as a durable relationship or as the child of a partner in a durable relationship. You will have had your relationship checked ...
Because you mentioned that her payslips will show it. If they don't show it, then you should stop worrying and just send everything in. It seems to be taking on average 4-6 months to process forms currently so by the time they reach your wife's application, she would be most assuredly a genuine and ...
The Home Office are unreasonable, so it might be the case that a caseworker will refuse because your wife has not been long in the job and has had a couple of weeks where she fell short. However, this would be contrary to EU law which looks at the overall picture rather than at just a snapshot, such...
Well according to this UK case law, an EEA national can still be considered a "worker" if he's not paying his taxes and N.I. if his work is genuine and effective.
Your question has been answered, not sure why you're asking again. Of course you should inform the Home Office of a change in circumstances and submit new evidence. I told you what your wife must do if she wishes to keep a right of residence in the UK after losing her job - she must do it if you wis...
I've heard that if even one payslip shows less than 16 hours per week than application will be rejected. If that's the case then that is an unlawful refusal and dispoportionate to what is required under Community law. That said, some caseworkers are not the brightest of the the bunch. You would hav...
The stamp that UK immigration officers are putting on the passports of non-EEA family members sounds like the on-the-spot entry visa that officers normally issue to non-EEA family members who come to the border without a visa. It used to be called a Code 1A stamp but now I think it's called an EEA D...
Write it yourself. A few people get an affidavit but that's unnecessary. You do not have to prove resources with bank statements or grant letters, and if a caseworker disputes that, print out page 40 of this government guidance to show them.
Applications seem to be taking on average 4 months currently, and over 6 months in a few cases which is illegal. It's hard to know whether the Home Office have already completed employment checks (usually a phone call to the workplace) and sometimes the Home Office don't bother checking, but if you'...
@martiner99, under MRAX , you should be allowed in with your wife with just the production of passports and marriage certificate. The UK has incorporated this case law, so you should be fine, unless you come across some idiot immigration officer who doesn't know. Regulation 11(4) in effect states th...
You are not even legally required to use the form for an EEA application, so feel free to ignore questions on the form or write over them if you consider them legally irrelevant. You could write that your wife averages x amount of hours per week next to the question concerned. If the position is tem...
As long as you are divorced, there is no problem getting married again. It's up to you whether you choose to go down the route of Retained Rights or if you choose to apply for a right of residence through your fiance, whichever you feel would be easier. However if you are not married with your partn...
Good advice from Vinny. All that should be required for the application in your situation is passports, marriage certificate and a declaration of travel. Anything else is excessive.
I do think it's poor show though for an immigration lawyer to think that domestic rules will resemble EU rules. Any immigration lawyer worth his/her salt would surely be able to guess that free movement laws are going to be more liberal than domestic laws, even without checking up on the rules. Cons...
From 6th April, all residence cards will be issued as biometric cards . You will have to pay an extra £20 at the post office for them to check your biometric information, on top of the residence card application fee of £65. I think this is better as it will prevent the pain of having to explain the ...
I noticed sometimes caseworkers are lenient with CSI if there are gaps, or it might be that they overlook things with the amount of applications they have to sift through. If it were me I would still apply anyway and try my luck. You could even do it yourself for £65. You could get another 5-year re...
Are you an EEA national who is divorcing? You don't need to notify the Home Office of any changes. If you are a non-EEA national you will have to satisfy certain criteria before you can retain a right of residence in the UK after divorce. Pages 19-20 of this document lists the four different ways yo...
^ I read that Freedom Of Information request but it's not fully clear what they mean by: 10. It should be noted that this judgement does not affect the rights of family members of British citizens who have exercised Treaty rights in another EEA member state under the ‘Surinder Singh’ judgment. Such ...
I would not draw attention to short gaps as sometimes caseworkers can overlook things by mistake. If it were me I would simply write in a cover letter that I was a worker who was made involuntarily unemployed and embarked on vocational training, after which I started a job, and that as I understand ...
Your wife will have to apply from the Spanish embassy for a Schengen visa as the family member of an EEA national. The visa should be issued for free and within 15 days. A ILR issued under UK domestic rules cannot be used for travel in the Schengen, only visas/permits issued under EU rules or a resi...
Write to who? You cannot do anything except wait for the case to be heard in the CJEU and then wait for the result to be published, as I said. I don't know when the court case will be heard. If it turns out to be a favourable ruling, then apply to the Home Office for RROR in the normal way using the...
CJEU stands for Court of Justice of the European Union. If you read the link I gave you, you will see that a referral has been made to the CJEU for a ruling on whether a non-EEA national can retain a right of residence after a divorce if their EEA spouse was not exercsing Treaty rights at the time o...
I'd say wait for the CJEU judgement to come out. If it's favourable, then you could apply for RORR. But if not, I'm afraid your right of residence will have extinguished with the divorce; in that case you could probably get away with residing in the UK until your EEA2 runs out but you wouldn't be ab...
