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falling in 2 category
Posted: Sun Jul 04, 2010 1:46 pm
by raoulll
hi everybody,do you know if the eea can fall in 2 category
my wife is eea nationl working full time and in the same time have comprehencive sickness inssurance for her and me (i know we don't need if she is working) because is contract of 12 months we can't stop it till the end of the contract,from my understanding of the eea law,she can apply for her eea3 and me for eea4 in two category: as worker or self sufficient.
any comment will be high appreciate.
Posted: Mon Jul 05, 2010 2:55 pm
by wet26
Can you please clarify the question?
Posted: Mon Jul 05, 2010 11:07 pm
by raoulll
wet26 wrote:Can you please clarify the question?
hi wet26,let me put it in this way,my wife working full time and in the same time we have comprehensive sickness inssurance(i bought it for both), can i apply for PR as self sufficient category?
i know i can apply for PR as worker category what i want to know if
i can apply for PR as self sufficient ?.
Posted: Tue Jul 06, 2010 7:54 am
by 86ti
raoulll wrote: hi wet26,let me put it in this way,my wife working full time and in the same time we have comprehensive sickness inssurance(i bought it for both), can i apply for PR as self sufficient category?
i know i can apply for PR as worker category what i want to know if
i can apply for PR as self sufficient ?.
Why would you want to do that if your wife, the EEA national, is working? That doesn't make any sense and you see problems where there are none. At the end it doesn't matter in which category you apply as long as you provide all required documentation.
Posted: Tue Jul 06, 2010 11:39 am
by raoulll
Why would you want to do that if your wife, the EEA national, is working?
because she want a divorce and it's matter of time fo
before she start fill devorce pitition (she have another man ),i just want cover my self in case she won't help me with her document if i apply as worker category!
At the end it doesn't matter in which category you apply as long as you provide all required documentation.
[/quote]
what the require ducument for self sufficient?
do you think it ok to apply on self sufficient category and my eea wife working or i shall write letter to HO explain why i chose self sufficient rather than worker category(starting with my wife doesn't want provide me her document p60,pay slips bank statement).
Posted: Tue Jul 06, 2010 7:28 pm
by 86ti
You will need her support in any case as you will have to demonstrate that she was exercising treaty rights. I'm sure the HO is able to check whether one was working (paying taxes) or not.
Posted: Tue Jul 06, 2010 10:59 pm
by raoulll
86ti wrote: I'm sure the HO is able to check whether one was working (paying taxes) or not.
so what, there is no law say you can't apply as self sufficient if you are working.
but if i apply as worker, why they ask about prove of work ,they can check this.
You will need her support in any case as you will have to demonstrate that she was exercising treaty rights.
how can i need her support if i apply as self sufficient all what i need is
-comprehencive inssurance for both of us
-my bank statetment ,my p60,my pay slips because in that time i still the husband how give her support
-degree absolute
-prove of duration of marriage and cohabitation more than 3 years.
Posted: Tue Jul 06, 2010 11:14 pm
by Obie
Treaty right has to be genuine. The UKBA knows her treaty right's position , if she is working or self-employed. They will not help by telling you not to provide this. They will say the onus is on you to provide this information.
Simply providing a Sickness insurance for someone who is not aware of it, or estrranged from you, when that person is actually working and not self-sufficient, is not giving true account.
Remember it is not you applying as self-Sufficient, it is her, you simply cannot doctor something like that when the person is actually in employment, and has not consented or even aware of it.
You are better of providing anyother proof that she is in employment, than essentially lying on an application, where the other party has clear evidence you are lying and could use this against you in court, and in essence assasinate your credibility.
Posted: Wed Jul 07, 2010 5:55 pm
by DFDS.
Obie wrote:Treaty right has to be genuine. The UKBA knows her treaty right's position , if she is working or self-employed. They will not help by telling you not to provide this. They will say the onus is on you to provide this information.
Simply providing a Sickness insurance for someone who is not aware of it, or estrranged from you, when that person is actually working and not self-sufficient, is not giving true account.
Remember it is not you applying as self-Sufficient, it is her, you simply cannot doctor something like that when the person is actually in employment, and has not consented or even aware of it.
You are better of providing any other proof that she is in employment, than essentially lying on an application, where the other party has clear evidence you are lying and could use this against you in court, and in essence assasinate your credibility.
Hi Obie, sorry if i got you wrong, do you suggest it can have a negative impact on some one's application, where a CSI has been submitted though the applicants have specified it in their application that they are applying as workers?
Many people who are citizens do hold these CSI covers even when they are covered by the NHS!
In my own view, the CSI can act as proof of address in this case. However, It would be appropriate for one to write a covering letter giving explanations for which documents one has provided, and under what category they fall.
Posted: Wed Jul 07, 2010 6:12 pm
by Obie
I am not suggesting that DFDS. I am simply saying that applying as Self-Sufficient, and claiming to be an economically inactive person, when in actual fact that is not the case, can open a whole can of worms.
In the first place, that could be construed as providing false information, and in the second place, it could jeorpodise the OP's credibility.
He has the option of stating that his wife is in employment, but out of personal choice, they choose to have a comprehensive sickness insurance.
Due to the nature of their marriage breakdown, she is not prepared to provide payslips, but on the grand scheme of things she will qualify, as she has not been a burden on the state finance.
That will be much better, than stating one is self-Sufficient, when they are not.
There is a likelihood he might be fine, but with the level of scrutiny taking place at UKBA, it might be construed in another way.
Posted: Thu Jul 08, 2010 1:41 pm
by DFDS.
Obie to be honest, in the OP's post i wasn't interested in the marriage coir's part of it,i might have skipped it. Sure it might raise suspicions as to why the applicants are not revealing the actual category under which they are exercising their treaty Rights.
About UKBA scrutinizing everything, i think that's every one's fear in this country. You don't own nothing! They give you with the Left hand then use the Right hand to take a way!