Asylum Seeker to EEA Family Permit.

rachellynn1972 · Post by **rachellynn1972** » Thu Dec 30, 2010 11:36 pm

I will like to seek advice from this site, my husband is an asylum seeker which case is on judicial review, we have been living together and the address known to the home office on is asylum claim is my address were we live together. Am a member of eea and i have been living in uk since i was born, i have work in the uk for more than 12yrs but right now i am permanently disabled and not current working, so as i am married to him we want to apply for eea residence permit because i dont like how the asylum case is making him go crazy. He find it hard to sleep and very depressed which is of no help to me. we both love each others and have been living together since he has been in uk and he is my life, since i met me i have live more happy life and no one will take him away from me.

Please can anyone tell me what i can do regarding this as his asylum case solicitors are just interested in the asylum case which is only good for them for the money they get and i know the eea pemit will be better for us.

Monifé · Post by **Monifé** » Fri Dec 31, 2010 9:07 am

We will need a few more details from you to see if you can qualify under EU rules.

1. Are you receiving public funds?
2. When did you last work?
3. When you were last working, did you work or study consistently for the previous 5 years to that?
4. What EU nationalities do you have?

If you have an EU passport apart from British, have worked/studied for a period of 5 years or more (with evidence of same) you may be entitled to a Permanent Residence Certificate.

This is needed before you apply for your husbands residence card as you are not exercising EU treaty rights at the moment because you are not working, self-employed or studying.

Once a permanent residence certificate is obtained, you are exempt from certain requirements.

rachellynn1972 · Post by **rachellynn1972** » Sat Jan 01, 2011 9:14 pm

I will like to know if you receive my reply

rachellynn1972 · Post by **rachellynn1972** » Sat Jan 01, 2011 9:33 pm

Thanks for the advice i am so happy to hear from you, regarding your questions this are my answers:

1. I am receiving Public fund.
2. I last work for more than 10yrs
3. I work consistently for more than 10yrs and i did not study but only work. i was born in united kingdom and am only relying on my France nationality for my husband.
4. France.

I stop working when i got incapicitated and disabled, and this was a permanent situation as i am a registered disabled, i think it will be discrimination to a disable person if they refuse on that ground as i have work for almost 15yrs straight in a roll in the country before i stop. presently i depend on my husband as my care because i no longer have to pay people to care for me since we have been together. I also have some little fund to support him until he can work.

I will like to know what is his status now in the country as he is not allow to work because is an asylum seeker, he is not getting any money from the the government as we only rely on one person money but his solicitor as i think are trying to delay his case by not applying for his EEA Permit as requested bcus i think they are getting money on judicial review by going to court to represent him.

I will like to know what do you think is our fate so we can live like a normal married people and he can work and support the family.

I hope to hear from you.

Thanks.

Monifé · Post by **Monifé** » Sat Jan 01, 2011 10:35 pm

What year did you last work and then stop because of your disability?

Gather the most recent evidence you have of 5 years or more of employment and evidence of your residence and apply for a permanent residence certificate using your french passport.

When you receive this, then apply for your husbands residence card.

Once you have the PRC you should be exempt from certain requirements, like currently exercising treaty rights.

Also if your disability is an occupational injury then you should be ok too.

rachellynn1972 · Post by **rachellynn1972** » Sat Jan 01, 2011 10:49 pm

I just read there requirement on the form, i can get a letter from the Doctor stating that i am incapacitated and if it is going to be permanent, and i can get all document to prove that i have work. Does the EU Law discriminate the disabled people? Can someone disable not find Love? Can someone disabled not get married?, This is against my human right for dicrimination if refused in that way.

Thanks for the advice, i have evidence that i have been in the country for more than 40yrs, and i have evidence that i have work for more than 5yrs, the company i work will give me letter and the doctor will give me letter, the Tax office should be able to give me letter and the National Insurance Agency for how long i paid tax to the system, i will do as you have said. But if anything happen i take them to court for discrimination.

Thanks for your advice.

LEo2009 · Post by **LEo2009** » Sun Jan 02, 2011 2:00 pm

Sorry to disturb you all but I just want to ask one question regarding RESIDENCE DOCUMENTATION or REGISTRATION CERTIFICATE.I just want to know what is it & if there is any difference between this & PR as my wife got this last month who is Poland national. This UK RESIDENCE DOCUMENTATION doesn't state any renewal date & the sticker was attached on BLUE CARD which states that to show this when you are traveling.

Any help would be appreciated.

86ti · Post by **86ti** » Sun Jan 02, 2011 2:04 pm

LEo2009 wrote:Sorry to disturb you all but I just want to ask one question regarding RESIDENCE DOCUMENTATION or REGISTRATION CERTIFICATE.I just want to know what is it & if there is any difference between this & PR as my wife got this last month who is Poland national. This UK RESIDENCE DOCUMENTATION doesn't state any renewal date & the sticker was attached on BLUE CARD which states that to show this when you are traveling.

http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/

LEo2009 · Post by **LEo2009** » Sun Jan 02, 2011 2:24 pm

86ti wrote:
LEo2009 wrote:Sorry to disturb you all but I just want to ask one question regarding RESIDENCE DOCUMENTATION or REGISTRATION CERTIFICATE.I just want to know what is it & if there is any difference between this & PR as my wife got this last month who is Poland national. This UK RESIDENCE DOCUMENTATION doesn't state any renewal date & the sticker was attached on BLUE CARD which states that to show this when you are traveling.
http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/

Thank You very much for this quick response

LEo2009 · Post by **LEo2009** » Sun Jan 02, 2011 3:15 pm

LEo2009 wrote:
86ti wrote:
LEo2009 wrote:Sorry to disturb you all but I just want to ask one question regarding RESIDENCE DOCUMENTATION or REGISTRATION CERTIFICATE.I just want to know what is it & if there is any difference between this & PR as my wife got this last month who is Poland national. This UK RESIDENCE DOCUMENTATION doesn't state any renewal date & the sticker was attached on BLUE CARD which states that to show this when you are traveling.
http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/
Thank You very much for this quick response so she needs to apply for residence card or what? I think she doesn't need to as she has been working & she is fine. But I do need advice please it might help us in any way ot it wouldn't make any difference. Any suggestion would be appreciated. Thanks.

Obie · Post by **Obie** » Mon Jan 03, 2011 12:43 am

I don't think you need to worry a lot as there are two ways i believe your spouse will qualify for residence or Permanent residence.

If you can show that you meet the criteria below.

[b]Worker or self-employed person who has ceased activity[/b] wrote:
(3) A person satisfies the conditions in this paragraph ifâ€”
(a) he terminates his activity in the United Kingdom as a worker or self-employed person as
a result of a permanent incapacity to work; and
(b) eitherâ€”
(i) he resided in the United Kingdom continuously for more than two years prior to the
termination; or
(ii) the incapacity is the result of an accident at work or an occupational disease that
entitles him to a pension payable in full or in part by an institution in the United
Kingdom.

If you can demonstrate you meet this criteria, which i am sure you can, then your husband automatically qualifies for Permanent Residence Card under regulation 15 regardless of how long you have been married or how long he has resided in the UK.

[b]Permanent right of residence[/b] wrote: 15.â€”(1) The following persons shall acquire the right to reside in the United Kingdom
permanentlyâ€”
(a) an EEA national who has resided in the United Kingdom in accordance with these
Regulations for a continuous period of five years;
(b) a family member of an EEA national who is not himself an EEA national but who has
resided in the United Kingdom with the EEA national in accordance with these
Regulations for a continuous period of five years;
(c) a worker or self-employed person who has ceased activity;
(d) the family member of a worker or self-employed person who has ceased activity;

I believe your husband will qualify under 15 (1d), however the HO might say you worked more than 5 years before you became incapacitated , they might say you qualify only under 15(1a), which means you husband will then need to prove that you have been married for 5 years or more, and he has lived with you in the UK over that period.

In any case, i believe he will be able to obtain at least a residence card.

The fact that you are now on benefit, will have no impact in determining you spouse's entitlement under community law.

I hope this answers your query.

rachellynn1972 · Post by **rachellynn1972** » Wed Jan 05, 2011 9:05 pm

Thanks a lot for your advice and i am so happy now. i have been to the National insurance agency to get me my information from all the years i have worked, and they said for the fact that i receive incapacity allowance it prove that i have worked for more than 3years to qualified for that, but they are still going to send me my NI papers, for the Tax, the tax office said they can only get information for that from 2006 that they cant get from the 80's and i have been to the doctors too to confirm my disability as i also receive indefinite disability allowance due to my disability and sickness and since ever i met my husband i have feel relieved as i have to pay for people to help me for my daily activities, for now is his just like my care and i cant do without him. i am so happy for your advice and thanks for everything.

rachellynn1972 · Post by **rachellynn1972** » Fri Apr 29, 2011 10:59 pm

Thank you all for replies to my request, i want to let you know that my husband has just receive his COA this week after three months of application for residence card and in the COA it state that he can work and live in uk as a family member of an eea pending they make there decision on his application.
I will like to know how i can go about this, my husband has been my carer from the day i met him, to the time we got married uptil now and he is not paid for doing the job because he was not allow to work and he has never work since he has been in uk, although he is my husband he cares and love me, but regarding my disability which is not his fault, i am been paid carer allowance to look after my self for my disability which i have to look for help from people for that, but right now i want my husband to have the money paid to him direct as it will be classified as working, a carer has to do that 35hrs every week and a National Insurance is paid towards it, and he can do some other hours job for him self on his private DIY job which i know he will have to pay tax toward that too.
Please i will like to know if i can get him an NI with the COA from the HO and how can i go about this. and will they allow him to be my carer and the the payment goes direct to him. Please advice.

Monifé · Post by **Monifé** » Sat Apr 30, 2011 7:03 pm

Have a read through this.

At first, I assumed he could become your carer and receive the carer's allowance, but towards the end it said you cannot be subject to immigration control.

Your husband is currently subject to immigration control until he receives his residence card, as far as I know.

He can most definitely apply for an NI number and work, but I am unsure about if he can receive the carer's allowance direct.

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Asylum Seeker to EEA Family Permit.

Asylum Seeker to EEA Family Permit.