Immigrationboards.com

osa12345 wrote: ↑

Sun Mar 08, 2020 12:35 pm

We are worried that Home office could reject our application as we did not submit any payslip. On the other hand, we submitted employer's declaration and employment contract to prove that my wife is exercising her treaty rights in the UK

Proof of employment (sections 8, 9, 10, 12, 13, 17) – e.g. employer’s declaration (section
12B) or letter, plus wage slips or bank statements showing receipt of wages

We are thinking to apply to EU settlement scheme as well just to make sure that I will have right to live and work in the UK before my EEA family permit expires and it expires June 30 2020

kamoe wrote: ↑

Mon Mar 09, 2020 11:19 am

osa12345 wrote: ↑

Sun Mar 08, 2020 12:35 pm

We are worried that Home office could reject our application as we did not submit any payslip. On the other hand, we submitted employer's declaration and employment contract to prove that my wife is exercising her treaty rights in the UK

As indicated in the suporting documents checklist (page 96), to proove her employment, you need to submit:

Proof of employment (sections 8, 9, 10, 12, 13, 17) – e.g. employer’s declaration (section
12B) or letter, plus wage slips or bank statements showing receipt of wages

So including an employers' declaration is OK, but it is not sufficient. You also need either a pasylip or banks statements showing the receipt of salary.

Not sure what to say here. To cover all your bases, you should have read the guideline first and have applied when she had actually received her first salary. It can go either way for you, I think, depending on how flexible the caseworker is.

We are thinking to apply to EU settlement scheme as well just to make sure that I will have right to live and work in the UK before my EEA family permit expires and it expires June 30 2020

If you apply now for the Settlement Scheme before receiving your EEA BRC then you'll need to enroll and pay for biometrics again (to be fair, if your current EEA RC application gets refused, you'll also need to do it again).

But if your application is successful and you wait for your EEA Residence Card to come through first, you will be able to later apply using the smartphone app and won't need to enroll biometrics again. When the time comes (whenever your EA RC expires, likely in 2021) you will need to apply to convert your EEA card ot a EU Settlement Scheme card, and enroll bioemtric again, but the cost of biometrics will be free.

osa12345 wrote: ↑

Mon Mar 09, 2020 12:15 pm

I was guided by an immigration advisor and he did not tell me that we needed to provide payslips as well.

To be on the safe side, do you think that I need to apply for EU settlement scheme once my wife has her first payslip?

• Apply again for a EEA RC, making sure you send a payslip

• Do not bother applying again, and instead apply to the EUSS direclty. You do not need to have a valid EEA RC to apply, but it makes the application easier since you can apply using the phone app. But that is not necessary, you can just skip the EEA RC. Also, for the EUSS, provided your wife has a National Insurance record (if her employer has paid contributions) this will be detected automatically, so no need to send payslips or employer declaration, or anything of the like

kamoe wrote: ↑

Mon Mar 09, 2020 12:32 pm

osa12345 wrote: ↑

Mon Mar 09, 2020 12:15 pm

I was guided by an immigration advisor and he did not tell me that we needed to provide payslips as well.

I am not an immigration advisor myself, so I can only speak from my own experience. From a personal point of view, I have always stuck to the policy of really supplying all documents requested on checklists. But it might be, just might, that for this particular case an employer declaration is enough and your immigration advisor might know this from experience, so I would not panic just yet.

To be on the safe side, do you think that I need to apply for EU settlement scheme once my wife has her first payslip?

OK, you are mixing up two separate issues here, and I believe is important it's clear:

1) You both have to apply to the Settlement Scheme before December 2020, come what may. It is not a question of if but of when.
2) If your EEA Residence Card is not successful on account of missing documentaiton, you have two options:

• Apply again for a EEA RC, making sure you send a payslip

• Do not bother applying again, and instead apply to the EU Settlement Scheme direclty. You do not need to have a valid EEA RC to apply, but it makes the application easier since you can apply using the phone app. But that is not necessary, you can just skip the EEA RC. Also, for the EU Settlement Scheme, provided your wife has a National Insurance record (if her employer has paid contributions) this will be detected automatically, so no need to send payslips or employer declaration, or anything of the like

osa12345 wrote: ↑

Mon Mar 09, 2020 12:43 pm

Thank you understood! one last question: my eea family permit expires on June 30 2020. What if EEA RC does not come through lets say before June and it gets rejected. I then may not have sufficient time to apply to the EU settlement scheme.. Will be deported automatically? I have a 9 month old baby and my wife really needs me thats why I am panicking a bit and asking these questions