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Hi all,

I need some help with my situation. I searched the forum for similar posts but couldn't find an answer to my question. So apologies if I am asking something that's been posted before.

I am the non-EEA national married to an EEA nation who works in the UK. We applied for EEA1 and EEA2 together two months ago. As my EEA husband works for a small startup company that does not have a business telephone number, at the time when we filled out the applications we did not provide any in the application form. I just realised that HO may contact his employer to verify his employment. After searching for similar cases I read that some people had their applications refused due to HO unable to get a hold of employers by calling. Now I am worried that our applications might turn out the same.

It's still three months until we are past the 6 month mark. Should I now contact HO or my caseworker to explain our negligence and give them a phone number?

Any help or advice would be greatly appreciated! Thank you in advance!

coronita wrote:Hi all,

...

It's still three months until we are past the 6 month mark. Should I now contact HO or my caseworker to explain our negligence and give them a phone number?

Any help or advice would be greatly appreciated! Thank you in advance!

Applicant risks refusal if caseworker can't verify employer and status as qualified person.

Makes sense to submit all contact information.

The best is to provide all required/relevant information with your initial application. Not sure if they can accept the business mobile number but worth to try if the landline is not available.

On the other hand there were situations when caseworker actually never contacted the employer as it was for my friend when I have completed the EE1 form for her. She did not have the phone umber of the employer. There was also no request for additional forms/information but this was 4 years ago.

noajthan and kruk, thank you for your replies!

I have decided to write a letter to HO explaining why we didn't give a phone number for the employer. The truth is that I was very confident on our eligibility with my husband's payslips and our bank statements, I didn't think it would matter if we couldn't give a phone number for the employer. We asked the secretary of the company's director and managed to get a landline number. We also included the director's mobile number.

In addition to the above issue, something else came up that could complicate our case, so I would appreciate some advice on this too.

My husband has a permanent contract with his current employer, which was signed late March this year. We submitted our application in mid August, and I received COA early September. Just yesterday, my husband's employer notified to terminate his employment. This is an operational decision on closing down the part of business my husband has been working in. Some of his colleagues are being made redundant alongside him. His employment will officially end on 31st December which means he's got one month to find a new job or he'll be temporarily unemployed.

I suppose I should update HO on this change in our circumstances too, although it's still a month until my husband is out of employment. I read that EEA nationals who have been working can retain their 'worker' status after involuntarily unemployed, but to qualify they will need to register with Jobcentre Plus and send HO evidence of searching for employment.

Sorry for the long-winded background info, now come my questions:
1. Does my husband absolutely have to register with Jobcentre Plus even though we don't want to claim JSA?

2. My husband works in IT and there are other platforms that are more suited for him to find relevant vacancies. If he registers with recruitment agencies, would that suffice for retaining his worker status?

3. I've read some cases where people who applied in the 'jobseeker' category got rejected. Is a refusal more likely for people that have always been jobseekers since they entered the country than being made unemployed involuntarily after a period of employment?

Any thoughts would be greatly appreciated!

coronita wrote:noajthan and kruk, thank you for your replies!
...

In addition to the above issue, something else came up that could complicate our case, so I would appreciate some advice on this too.

My husband has a permanent contract with his current employer, which was signed late March this year. We submitted our application in mid August, and I received COA early September. Just yesterday, my husband's employer notified to terminate his employment. This is an operational decision on closing down the part of business my husband has been working in. Some of his colleagues are being made redundant alongside him. His employment will officially end on 31st December which means he's got one month to find a new job or he'll be temporarily unemployed.

I suppose I should update HO on this change in our circumstances too, although it's still a month until my husband is out of employment. I read that EEA nationals who have been working can retain their 'worker' status after involuntarily unemployed, but to qualify they will need to register with Jobcentre Plus and send HO evidence of searching for employment.

...

Any thoughts would be greatly appreciated!

Don't take anything for granted even with the soft option EU route-related applications.

Yes, update HO with material changes.
Imagine if caseworker finally gets through to company and they then deny knowledge of hubby and the unit he worked for.

Get up to speed on qualified persons here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

For example, if hubby has own resources (and CSI for both of you) he may fall into selfsufficient category.

noajthan,

Thank you for your reply!

I find the categories of QP quite confusing in our case. Even the definitions have been laid down in the law, I am still uncertain how the HO caseworker will view my husband's status now given the upcoming change. Ideally we hope he would find a new job soon after, if not immediately succeeding his current employment, so that he would still be a 'worker' during this brief gap between employments. But I am puzzled by the required registration with Jobcentre Plus. I don't think it will be helpful for my husband to find an IT job. Although it seems compulsory for retaining this 'worker' status.

coronita wrote:noajthan,

Thank you for your reply!

I find the categories of QP quite confusing in our case. Even the definitions have been laid down in the law, I am still uncertain how the HO caseworker will view my husband's status now given the upcoming change. Ideally we hope he would find a new job soon after, if not immediately succeeding his current employment, so that he would still be a 'worker' during this brief gap between employments. But I am puzzled by the required registration with Jobcentre Plus. I don't think it will be helpful for my husband to find an IT job. Although it seems compulsory for retaining this 'worker' status.

For now your application is filed - so caseworker will use information submitted to date.

For jobseeker status all that is required is evidence of jobseeking.
Registration at JC helps - hubby doesn't need to take that job on offer at local DIY store.

Generate a papertrail of all activities (job applications, job interviews, negotiations, offers & etc etc - online records are not enough) and keep it for future reference and use in future applications (eg DCPR).

Really appreciate your help noajthan! Will do as you said!

noajthan wrote:

coronita wrote:noajthan,

Thank you for your reply!

I find the categories of QP quite confusing in our case. Even the definitions have been laid down in the law, I am still uncertain how the HO caseworker will view my husband's status now given the upcoming change. Ideally we hope he would find a new job soon after, if not immediately succeeding his current employment, so that he would still be a 'worker' during this brief gap between employments. But I am puzzled by the required registration with Jobcentre Plus. I don't think it will be helpful for my husband to find an IT job. Although it seems compulsory for retaining this 'worker' status.

For now your application is filed - so caseworker will use information submitted to date.

For jobseeker status all that is required is evidence of jobseeking.
Registration at JC helps - hubby doesn't need to take that job on offer at local DIY store.

Generate a papertrail of all activities (job applications, job interviews, negotiations, offers & etc etc - online records are not enough) and keep it for future reference and use in future applications (eg DCPR).

One more question, would HO be happy with printouts of online job applications and email invites to interviews? Surely job offers are usually made in black and white, but the communications proceeding to an actual employment contract are mostly done electronically these days...

coronita wrote:One more question, would HO be happy with printouts of online job applications and email invites to interviews? Surely job offers are usually made in black and white, but the communications proceeding to an actual employment contract are mostly done electronically these days...

Online printouts are easily tampered with or fabricated. And HO plays hardball.
As mentioned papertrail is required - whether you need one or not.

Guess I'll have to find a way to comply...Thanks again noajthan