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Hi all. I am new on this forum and would like you receive some much appreciated advice.

I am married to an A2 national who is exercising treaty right as a student and applied for RC in December 2011. I received my COA in Feb. 2012 after requesting it for work. Anyway, I took care while filling the application to read the guidance not and provided all the supportive documents back then. However, I just got a letter from case owner at UKBA asking the following:
1. Evidence to establish that my family member is exercising a treaty right as a student, (we submitted copy of yellow card with application as guidance note said that would be enough)
2. Evidence to establish that my family member has comprehensive sickness insurance (was not specifically asked as GN stated that yellow card would be sufficient as these were submitted when she applied for her own yellow card. We took WPA Xs Health insurance. Would that be deemed as comprehensive or do we need to take up another?)
3. Evidence to show that we have been in a relationship and have been residing together for past 24 months (We have not been together 24 months and beside because of our religious belief, we did not move in together until the day we got married last August. She had been living with her parents while I was living in an accommodation supplied by my work. We currently have joint bank account plus joint tenancy agreement plus other proof of address)

Thank you for your succinct and pertinent advice.

Where did you marry? If in the UK was this a religious or civil ceremony?

Did you apply to Liverpool (using form EEA2) or Sheffield (form BR5)?

Did you send a marriage certificate with the application?

you surely made some mistakes the yellow card is not the proof of exercising the treaty right. you must supply evidences of her studies as a letter from university or college.then prove that she s having financial support as a student like a letter from student finance loan company or a letter from any other sponsor she has. the sponsor can even come from her home country.
Because she is a student and she is not working she must also have a sickness health insurance that covers her and also YOU from health insurance company.
As proof of your relationship the UK official marriage certificate( the one from registrar office and from the church of England) is enough. If you got married elsewhere check if is considered as valid in the UK. otherwise if your are married you don t have to show 24 months proof of relationship and just explain that on the cover letter with your situation before the wedding and your religious thing.

Please note that we got married here in the UK and had both civil ceremony and religious blessing. I applied using BR5 form (Sheffield) and sent original marriage certificate. The form specifically stated that if copy of yellow card is provided then no further evidence was required. I assumed that was because we did submit proof of address, letter from college, bank statement, comprehensive sickness insurance etc. when she applied for yellow card and she was granted. I was her sponsor as it was after our wedding and we have been living together since. She has now completed her year long course and started working part-time a couple of weeks ago.

It seems that they have missed the evidence you provided. I would call them just to make sure they didn't lose any of your documents.

Pete249 wrote:Please note that we got married here in the UK and had both civil ceremony and religious blessing. I applied using BR5 form (Sheffield) and sent original marriage certificate. .

Strange UKBA if you have sent a original marrige certificate and got married in uk than it doesnt make any sense of asking 24 months proof of living together ,the caseworker who is dealing with your case need to do some crash course of dealing with such applications .

Could anyone please shed some light on exercising treaty rights as a student. My wife (A2 national) is exercising her treaty right as a student. She finished her one year course in March 2012 and started working part-time a couple of weeks ago. My question is: Does she need to enrol on another course or can she carry on working?

One can exercise treaty rights in various ways. Employment is one. Study is another. See more Residence documents for European nationals.

If she is working she is still exercising treaty rights but as a worker not as a student.

Thank you all. I will put pen to paper and return whatever further evidence we were asked and update you when I hear from the UKBA.

Kind regards.

She is an a2 national therefore there are restrictions on her working.

It is becoming clearer now why they are asking for further evidenced since the op's wife's course is now finished.

She completed her course in March but it is my understanding that she has up to 4 months when she can work full-time before she returns to study (by end of July 2012). Is my interpretation right?

Can anyone advise my last post from this morning please.

"She completed her course in March but it is my understanding that she has up to 4 months when she can work full-time before she returns to study (by end of July 2012). Is my interpretation right?"

Pete249 wrote:Can anyone advise my last post from this morning please.

"She completed her course in March but it is my understanding that she has up to 4 months when she can work full-time before she returns to study (by end of July 2012). Is my interpretation right?"

What do you mean by "return to study"? Has she finished her course or not? If she has finished studying, she can work for further 4 months using her Residence Certificate as a student. After that she will need to apply as a worker. If she is still studying and just between terms, she can work.

She has a degree and master from her home country but I feel she needs to be on her course a bit longer (six months to a year) in order to get the necessary standards of the command of the English language to get a job in her field. Don't get me wrong she can hold a conversation as we converse in English but she makes a lot of basic mistakes I am not happy with.

so has she completed one course in March 2012 and is now working? Does she have a place to study on another course?

She is doing some voluntary work at the moment. She has not booked her place on another course as we have just relocated from the South East of London to the North West. We are still looking around for an appropriate college/uni.

so if she is not currently studying she is not exercising treaty rights as a student.

Thanks to Jambo, Greenie and all for your valuable inputs. I replied to the case owner on 24th May and supplied him with all the additional information he requested plus a cover letter. We received received our documents back on 1st June with the appropriate residence document in my passport. Once more thank you ever so much. However, I have a few more concerns that I would appreciate your help dealing with:

1) I am planning to go for a week end break with my wife to France. Will I need a visa? (I have a residence document for EEA family member)

2) I have 10 years of lawful residency in the UK, someone told me I could apply for ILR on that basis. Is this true? If so, how do I go about doing this? Can I add my wife as a dependant so that she does not have to wait 5 years before she could apply for permanent residency as a A2 national?

Lastly, Is there any difference between these two routes?

Pete249 wrote:Thanks to Jambo, Greenie and all for your valuable inputs. I replied to the case owner on 24th May and supplied him with all the additional information he requested plus a cover letter. We received received our documents back on 1st June with the appropriate residence document in my passport. Once more thank you ever so much. However, I have a few more concerns that I would appreciate your help dealing with:

1) I am planning to go for a week end break with my wife to France. Will I need a visa? (I have a residence document for EEA family member)

2) I have 10 years of lawful residency in the UK, someone told me I could apply for ILR on that basis. Is this true? If so, how do I go about doing this? Can I add my wife as a dependant so that she does not have to wait 5 years before she could apply for permanent residency as a A2 national?

1) No need for a visa if you hold RC and travel together.
2) You can apply if you have 10 years of lawful residence in the UK. This route doesn't have a dependent option so will not affect your wife. There is also a fee to pay for the application.

Thanks Jambo. What if on another occasion I need to travel alone? for business for example. Would I need a visa? Also, because there is no dependency option on the 10-year lawful residency route, after receiving my indefinite leave, can my wife apply for ILR on the basis on my ILR?

Pete249 wrote:Thanks Jambo. What if on another occasion I need to travel alone? for business for example. Would I need a visa?

Yes. You should apply for a Schengen visa which because you are a EEA family member be issued free of charge.

Also, because there is no dependency option on the 10-year lawful residency route, after receiving my indefinite leave, can my wife apply for ILR on the basis on my ILR?

She can apply for a spouse visa and after 2 years for ILR but for a EEA national it doesn't really make any sense.