Residence Card (Spouse of EEA National) Refused

[gehrig]

A brief history (some details included in a previous post in May):

• USA husband; Polish wife living in Poland together for 4 years before 2012
• Applied for EEA family permit, placed in my US passport in May, 2012
• Moved to the UK on 22 July, 2012. EEA vignette stamped in passport at border crossing
• Submitted application for residence card early August 2012. Submitted all required documents (my passport, wife’s Polish ID, marriage certificate)
• Basis of application was that my EEA wife was a job seeker in the UK. Submitted her registration at Job Centre Plus in the UK, along with her CV and 2-3 letters of application and accompanying refusal letters.
• Late October 2012 received COA from Border Agency that they had received my application
• 6 December 2012 received rejection letter with 2 reasons:
o Not provided evidence that EEA national was employed for at least a year prior to becoming unemployed
o Not provided sufficient evidence of actively seeking work in the UK

Right of appeal included in letter, along with ‘Alternatively, you may gather appropriate supporting documents and re-apply…’

Some questions: Why didn’t they just ask us to submit the missing documents rather than rejecting outright? What is my eligibility status as of now (residence / employment)? Is it better to appeal or apply again?

Many thanks

[ravii]

RC is just a confirmation of non EEA national status.so you are not illegal after this refusal.it is better to re apply with the supporting documents.UKBA,not legally bound to asked further documents.they can decide the application with the present documents.

[Jambo]

Job seeking is sometimes difficult to prove. Has your wife started working now?

[Obie]

I believe the document submitted should have sufficed for Jobseekers. Furthermore you have not been residing in the UK for 6 months yet. Even if you have, and provided you can submit further evidence that you have a realistic prospect of securing a job, you should be alright. Qualification, registeration and inviitation for interviews are sufficient in themself.

Also see Antonissen

[gehrig]

Thanks for the replies. No my wife has not found a job. At this point, if I re-apply, it would have to be on the basis of her being self-sufficient rather than a jobseeker (we are living on the funds my job - I'm employed in the UK, but of course need to remain eligible).

The only problem I'm having with applying on the basis of self-sufficiency is the "comprehensive insurance cover". My wife has National Insurance in the UK, but apparently this doesn't satisfy the requirement for comprehensive insurance. From the application form:

As evidence of comprehensive sickness insurance:
(This requirement only applies to persons exercising Treaty rights as students or self-sufficient persons.)
You must provide either a private comprehensive sickness insurance policy document that covers for medical treatment in the majority of circumstances, or a European Health Insurance Card
(EHIC). The EHIC is only valid when your stay in the UK is on a temporary basis. Therefore if you
do provide your EHIC as proof of comprehensive sickness insurance you should also provide a
covering letter stating whether it is your intention to stay in the UK on a temporary or permanent
basis and your reasons for this. This must be signed and dated by you

[gehrig]

I sent in another application for EEA2 last week. In case it helps someone else in the same situation:

The actual Immigration (EEA) Regulations are accessible and more helpful than the UKBA's information (their website, helpline and application forms are sometimes contradictory). <http://www.legislation.gov.uk/uksi/2006 ... 003_en.pdf>.

Certain requirements for various categories of qualified persons in the regulations are objective (be registered as a jobseeker, give evidence of being unemployed for less than six months, etc) but certain requirements are more unclear: "not be a burden on the social assistance system or have a genuine chance of being engaged". The objective ones I provided evidence for, but was refused for not proving my EEA spouse had a 'genuine chance of being engaged'. As for what qualifies as self-sufficient resources, the EU Directive 2004 actually gives more concrete guidance than the UK Regulations:

4. Member States may not lay down a fixed amount which
they regard as ‘sufficient resources’, but they must take into
account the personal situation of the person concerned. In all
cases this amount shall not be higher than the threshold below
which nationals of the host Member State become eligible for
social assistance, or, where this criterion is not applicable,
higher than the minimum social security pension paid by the
host Member State

Basically, it seems to me that Regulations which contain concrete criteria are fairer. On the other hand, criteria such as "demonstrate a genuine chance" and have "comprehensive" insurance cover without specifying what that is (in a nation with an NHS) are harder for applicants to understand and give evidence of.

[sheraz7]

Despite being job seeker is a way to excercise eu treaty rights but its bit difficult to prove that a job seeker will not become the burden on public funds that is highly crucial point to determine before approving the EEA2. Caseworker always want to see that the EEA job seeker must have worked atleast 1 year before becoming job seeker and the same situation also keep alive its WORKER status too.
better to become self sufficient with some savings and medical insurance.

[gehrig]

I found out the hard way that applying as a job-seeker is hard to prove. My wife was self-employed or employed for much longer than one year, unemployed for less than 6 months and was registered as a job seeker - the refusal letter referred to the "genuine chance" of gaining employment not being met.

Well, my earnings should be enough to prove self-sufficiency and we have enough savings to be disqualified from means-tested public benefits. Unfortunately, there's no way to be certain they'll accept our insurance policies for the CSI requirement (April UK Foundation + Full Outpatient Cover).

The last thing we are is a 'burden' on social funds - we pay all our taxes and don't use any benefits. Just hope they approve the application this time. Another refusal letter would arrive at about 12 months after moving to the UK, when my employer would need too re-verify my status to work in the UK.

[Obie]

Well now that you say your wife was employed for a year prior to the unemployment and she was registered with the job centre after she lost her job, i believe the refusal was clearly wrong, and that you should have appealed.

The realistic prospect of gaining employment does not apply to people in that category, and they are suppose to retain their status as worker.

3. For the purposes of paragraph 1(a), a Union citizen who is no longer a worker or self-employed
person shall retain the status of worker or self-employed person in the following circumstances:
(a) he/she is temporarily unable to work as the result of an illness or accident;
(b) he/she is in duly recorded involuntary unemployment after having been employed for more
than one year and has registered as a job-seeker with the relevant employment office;

6.—.
(2) A person who is no longer working shall not cease to be treated as a worker for the purpose
of paragraph (1)(b) if—
(a) he is temporarily unable to work as the result of an illness or accident;
(b) he is in duly recorded involuntary unemployment after having been employed in the
United Kingdom, provided that he has registered as a jobseeker with the relevant
employment office and—
(i) he was employed for one year or more before becoming unemployed;
(ii) he has been unemployed for no more than six months; or
(iii) he can provide evidence that he is seeking