Immigrationboards.com

Thanks to everyone who's helping us in this forum
17 months ago i've applied for a residence card using eea2
i am myself a latvian non-citizen and my wife is a lithuanin citizen that completed uninterrupted employment for 12 months. at the time of the application she was not working but looking after a baby that was just born, now looking for a job, on the application i've put my employment details as i was supporting the family, sent them all of my payslips then 4 months ago they sent us a letter requesting for evidence that my EEA family member is exercising treaty rights in uk , so we've sent them all of my last payslips, now in the reasons for refusal says that I HAVE FAILED TO PROVIDE EVIDENCE THAT MY EEA FAMILY MEMBER IS A QUALIFIED PERSON.
does not say why exactly im earning of 1500 a month average after tax is that not enough or maybe we needed a health insurance ( just found that we need that if claiming under the self sufficency) or maybe that we claiming a child benefit ? not sure what to do now but just purchased a health insurance for 3 of us and made an appointment with a Counsellor at IAS Peterborough for next week , i've only got 10 days to appeal from monday.
DOES ANYBODY HAS ANY SUGGESTIONS OF WHAT IS THE BEST THING TO DO IN OUR SITUATION ? WHOULD IT HELP IF MY WIFE WILL GET A JOB ? IF YES IS THERE A DIFFERENCE OF A FULL TIME OR PART TIME OR A TEMPORARY ONE THROUGH THE AGENCY ?
THANKS TO ANYONE WHO CAN HELP ME WITH THE MATTER

What is Latvian Not citizen??
if you are from Latvia and your wife is from Lithuania then you don't need a residence card to live in UK you have the same rights as your wife have if you are from Latvia.
And if you are from any other country and you applied as a family member of a union citizen(Lithuania) then you spouse should be exercising her EU treaty rights and they do not need your payslips or bank statements as you applied as a family member not your wife so if you wife have a job now and she is working even part time send them a cover letter and her recent payslips and request them to review.

Latvian non-Citizens are those people from USSR living in Latvia who are not Latvians but have a Latvian travel document.

in warsaw is right + those who was born in latvia but it doesn't even matter now, as i know what i've applied and what i needed to apply for, thanks for your reply anyway

I think the Home office, are right to refuse your application, apart from the fact, the time they took to get back to you was disproportionately long and frankly speaking illegal.

You have showed evidence that you can provide for your wife, but you have failed to provide proof of comprehensive sickness insurance. You have to bear in mind that the HO wants to see evidence that your wife is exercising treaty rights as a self-Sufficient person and not you.

I hope aswell that you are legally working in the UK.

If that is the case, i suggest you get a comprehensive sickness insurance for your whole, then apply for a Registration certificate for your wife, clearly stating on a cover letter that you are providing for your wife's need from the legal paid employment you are undertaking.

Once you have done that, you then proceed with applying for a Residence card for family members of EEA national.

You don't need to wait for your wife to get a job and then apply under the WRS as this will take very long.

The HO will not take into consideration that your wife is Jobseeking, as A8 national don't benefit from the 6 months jobseeking priviledge awarded to other EEA nationals.

inwarsaw wrote:Latvian non-Citizens are those people from USSR living in Latvia who are not Latvians but have a Latvian travel document.

Thanks Inwarsaw I didn't know that.

THANKS OBIE FOR YOUR REPLY AS FAR AS WE KNOW SHE DOES NOT NEED A REGISTRATION CERTIFICATE AS LONG AS SHE CAN PROVE THAT SHE HAD COMPLETED 12 MONTH UNINTERRUPTED WORK UNDER THE WRS WHICH SHE DID AND WE'VE SEND THEM ALL THE EVIDENCE, UNLESS RULES HAVE CHANGED OF COURSE
THANKS