Changes to (EEA) Regulation 2006-Effective from Nov 2012!

[AncientAlien]

On 8 November 2012, the Immigration (European Economic Area) Regulations 2006 will change.

http://www.ukba.homeoffice.gov.uk/sitec ... egulations

The amended regulations will set out the rights of EEA nationals and their family members to enter and reside in the UK and will also confirm the criteria for rights to permanent residence.

The key changes to the regulations include:

*removal of the requirement in regulation 8(2(a) that an extended family member must have resided in a country in which the EEA national also resides. This gives effect to the Court of Justice of the European Union (ECJ) judgment in the case of Rahman (C83/11)

*amendments to confer rights of entry and residence on the primary carer of a British citizen. This gives effect to the ECJ judgment in the case of Ruiz Zambrano (C34/09)

*amendments to who is to be regarded as a primary carer for derivative rights

* amendments to regulation 26 so that a person claiming to be the durable partner of an EEA national may only appeal where they have provided sufficient evidence of the relationship with that EEA national

*amendments to enable the Secretary of State to accept alternative evidence of identification and nationality where a person is unable to provide a valid ID card or passport due to circumstances beyond their control.

[Directive/2004/38/EC]

I think what you want is https://www.whatdotheyknow.com/request/ ... ing-389475

Can you describe a bit about your situation and why this is of interest?

[AncientAlien]

I think what you want is https://www.whatdotheyknow.com/request/ ... ing-389475

Can you describe a bit about your situation and why this is of interest?

My Case is as follows:
Met EEA partner in Nov 2006, Got Married May 2008, I got my EEA2 RC in April 2009 (valid until April 2014) and I therefore automatically qualified for PR on May 2013. I have applied for EEA4-Permanent residence on June 2013. All documents were including except my EEA wife's passport, although I included her HO-issued Permanent residence card which shows her Photo and her details.

I am Nigerian and she is Latvian, we were living together since Nov 2006 but we married in the UK in May 2008, I got RC in April 2009 and its valid until April 2014. I automatically acquired PR status in May 2013.

The changes to the Immigration laws are relevant to me because, although I did not original submit my EEA wife's passport with my EEA4 application because the passport was due for renewal and we feared HO may not return it on time for renewal; however, about 5 days ago I found evidence that my EEA partner had been cheating on me with my friends and even our landlord! We have therefore recently separated and she is unlikely to cooperate with me bu providing her passport to assist with my EEA4 application. Hence the change in laws means that the HO will accept alternative proof of ID where I am unable to provide a passport or National ID due to problems beyond my control

I knew my ex-EEA wife had a sexual addiction and I was already supporting her regarding the treatments arranged by the Sexual Health clinics, but I did not know that the addiction was as serious as it was when I found out, she has been sleeping around with every Tom, Dick & Harry
She eventually confessed the extent of her sexual problems and admitted that she has a serious problem and cannot be with me anymore (After living together for 7yrs and being married for 5yrs). Her cheating only came to light around 18/6/2013, whereas I have submitted EEA4 application since 5/6/2013, had I known these details, I would not have submitted the application yet.

Now I applied for EEA4 in June 2013 and the CoA that I was given by the HO says that they cannot confirm my right to work in the UK at the moment, until after 6 months when my application is decided. What can I do? Employers will not employ me with this type of letter that sounds dodgy.
I have called several HO telephone numbers and they keep telling me that the reason I was given the CoA with no right to work is because I did not submit my wife's EEA passport (which is about to expire and is scheduled to be renewed soon), but the passport is due for renewal in 4 weeks time and fear that the HO will not return it in time for the scheduled renewal.

Plus the HO website said that alternative ID will be accepted if passport cannot be provided, what better alternative ID can I provide than my EEA wife's Permanent residence Card which was issued by the HO in the first place and which has her photo and her details.

I was lucky to receive a call from HO today but they just repeated the same mantra re: my wife's EEA passport was not included, but they refuse to comment on my existing right to work which is valid until April 2014 in my passport, that is the EEA2 stamp.

[Directive/2004/38/EC]

Well your wife's ID is not not particularly relevant to your application. But proof that she was working is relevant.

[AncientAlien]

Well your wife's ID is not not particularly relevant to your application. But proof that she was working is relevant.

Thanks for the info. I thought as much, so I included all her P60, the bundle of documents included her monthly wage slip up until April 2013. She's still working in the same place till now and I also have very recent e-mails from her work e-mail to me which shows her name, job title and office address.

The onus is, I guess, on the HO to prove that she is not working in the UK in the light of the evidence that I have provided to the contrary.

[Directive/2004/38/EC]

Did you read through the docs in the link I sent you?

[AncientAlien]

Did you read through the docs in the link I sent you?

Yes I did check it but I didn't open any attachments as none of the topics seemed to relate to my case. Is there any specific attachments that you want me to read?

Update: Thanks for the info, am currently reading the one about assessing genuiness of marriage and ID requirements. They are very relevant. Thanks a lot.

Cheers

[AncientAlien]

To complicate matters, my Ex-EEA wife is now aggressively demanding the return of her EEA PR card, and this PR card is the only proof of her ID which i have already sent off to the HO with my application.

Should I contact HO and request the PR Card back to avoid the wrath of my ex-EEA wife (Hell hath no fury like a woman scorned! ) or should I just ignore her until the HO have decided my application considering that this is the ONLY form of official ID for my ex-EEA wife and it was not even enough for the HO to issue me with a CoA that confirms my right to work in the UK!

Please advise.

[AncientAlien]

To complicate matters, my Ex-EEA wife is now aggressively demanding the return of her EEA PR card, and this PR card is the only proof of her ID which i have already sent off to the HO with my application.

Should I contact HO and request the PR Card back to avoid the wrath of my ex-EEA wife (Hell hath no fury like a woman scorned! ) or should I just ignore her until the HO have decided my application considering that this is the ONLY form of official ID for my ex-EEA wife and it was not even enough for the HO to issue me with a CoA that confirms my right to work in the UK!

Please advise.

I have texted her to put her request (that I ask for the return of her PR card from HO) in writing! She said she did not understand why?
I explained that the CoA that I was given (I showed her a copy when pleading for her passport) stated that documents should only be requested from HO if these docs were urgently needed and that it would help speed up the return of her docs if she wrote to me via e-mail and I forwarded the e-mail to HO
That way the HO would know that I was law abiding by requesting back from HO only the most URGENTLY needed documents, such as my ex-EEA's PR Card
She wasn't too happy to hear that, she obviously doesn't want HO staff reading her wicked and vengeful e-mail , because even the HO staff would see that she's just being a crafty little........

Anyway, I will forward the e-mail to the HO if I need to request her PR Card back...we'll see.

[Directive/2004/38/EC]

Please focus on the immigration aspects of your story. Nobody is interested in the personal story of you and your wife.

[AncientAlien]

Please focus on the immigration aspects of your story. Nobody is interested in the personal story of you and your wife.

The immigration aspect is intertwined with the personal story as my personal marriage to my ex-EEA wife is the reason why I have an immigration status.
Yeah, I will do as you have instructed