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Hello all.
Eea2 journey has been so far a disastrous one.
I applied back in dec. 12 , and was refused 10 months later because my wife being a student hadn't got a comprehensive sickness insurance.
We got the cover on the day of refusal, and appealed. The appeal date was horrendously late, for today. July 14th, 14.
Today the judge was happy with the sickness insurance, but the ho rep said that my wife's course has to be finished by now. I replied stating that she is awaiting results and is till then still an enrolled student. The judge asked me to prove this, and I did, because one of my wife's teachers sent us an email confirmation within the hour.
Judge was both happy and impressed stating that we both are highly educated and totally within the law to get a residence permit.

The problem is at the time when ho will assess the judges verdict and everything, will they again ask my wife's university for a proof? Because she will graduate by the end of this month. ( no longer exercising treaty rights)
I wanted to show her as self employed, but my wife is leaving for her country, as she hadn't seen her parents in a year, and also because they might be getting a divorce. (Nice timing right?) I had to go too, but I'm caged without my passport.

I can't stop my wife from going and rather on principle would not.

So when they assess the final situation if they do it by end of August my wife won't be in the country.
What if they tell me to prove her treaty rights being exercised all over again? Does this mean I am fundamentally screwed??? Please suggest what to do, because I am exhausted, and by the looks of it, beaten.

Your wife does not have to exercise Treaty rights while she is away from the country anyway. She is allowed 6 months absence in a year. You will be still legally resident while she is gone (as long as it's not for more than 6 months, that is).

rosebead wrote:Your wife does not have to exercise Treaty rights while she is away from the country anyway. She is allowed 6 months absence in a year. You will be still legally resident while she is gone (as long as it's not for more than 6 months, that is).

thank you very much for your reply.
just wanted to check, does she need to be exercising treaty rights at the time of issue of residence card??
if yes/no, what can i do in a situation that the ho write to me for any further documentation for issuing a rc, or appeal to the upper tribunal (which they haven't done yet, but one can never be careful enough so just checking)
but just from the point of view of taking all possible precautionary measures in my situation, what all can i do to make sure i am alright??

thanks in advance!!

Hello! Can anybody please tell me what I can do in my situation? Everyday passing is bringing more newvousness and a sense of impending doom.

I don't know if the Home Office can do further checks when issuing you an EEA2 because you have won your appeal. However if you are that concerned, just make sure that you and your wife have Comprehensive Sickness Insurance for both of you after she finishes her course and that you both have some funds in a bank account. That way, your wife can exercise Treaty rights as a self-sufficent person until she leaves the country to visit her parents. While she is abroad she does not have to exercise Treaty rights (as long as she is not away for more than 6 months) and while she is away you would still be a legal resident in the UK; the Home Office certainly cannot revoke your right of residence in this situation even if they did check, although I'm not sure that they're allowed to make such checks anyway given that you have won your appeal.

still no RC, i called them today and they said, your application is in the final stage, and may take a few weeks. i said well the 90 days are up.. no response.

what does final stage even mean?

what kind of checks do they do after an appeal is allowed??