EEA (FM & QP) application plus ROD question

[febarbs]

Dear all,
First of all, I am not sure if I am posting this in the right place, but as I need some help, I thought I'd give it a try in here.
I am wondering if anyone here could advise us or have experienced something similar before. Apologies for a long explanation.
My husband (from Thailand, currently on a Tier 5 Charity Worker Visa which expires in February 2017) and I (from Hungary) have submitted our joint applications (for QP & FM) at the end of May. (I cannot remember the exact date) We both have been in the UK for the past 6 years, him being here on a Tier 5 Visa which he renews every 2 years. We have sent them all the necessary documents e.i.: letters from Bank/ GP surgery/friends, as well as photos, marriage certificate, payslips for me (however this is where it gets tricky as both of us are volunteers and we are provided with small weekly pocket money, meals and accommodation), we have sent two employment letters where are exceptional circumstances are explained clearly.
At the time of application, I only submitted a copy of my current passport and sent the expired one, as I needed to travel to visit my family. They have taken the money on 31st May. They have sent me an email of acknowledging my application on 22nd June and my husband received a letter asking for a fingerprint and another letter stating that they cannot confirm his right to work in the UK (I suppose this is only a general letter, as he in fact does have a right to work under a Tier 5 Visa) as they have not had my original passport. We contacted their helpline and we sent an email to them asking where to send my passport. Since they have not replied in about 2 weeks, in the meantime I called the helpline again where the lady gave me their generic postal address where I can post my passport. However, after a couple days later, the gentleman replied to our email giving us a totally different address where we should have sent my passport (it was already too late as we sent it before) I replied to him saying that the lady gave me a different address and we have sent it there already. This was back in the beginning of July. Since then we have not heard anything, not even a confirmation to say they have received my passport. Before we have applied at the end of May they told us they would keep the original documents for about 6-8 weeks. It has been more than 3 months now. We are supposed to attend a wedding in Thailand in the beginning of October for which we have already bought tickets back in February. I have explained to them about this in a separate letter which I have attached to our application, where I describe our work situation and also that we need the passports back by October. I have also stated this when I sent them my passport in the beginning of July. I have sent them a ROD form on 12th September and I have not even received an email or any acknowledgment. It has nearly been 4 months since we applied and we are planning to spend Christmas with my family, but we can only travel if he receives the RC, as he cannot travel with his current after November as it expires in February. We hope and pray we get the passports back in the next 10 days and the RC by November.
Is this supposed to be normal? Is there a backlog of applications and document requests?

Many thanks for any help/advice in advance!

[noajthan]

This is par for the course so hope for best, plan for worst.

You may also be on a sticky wicket with charity work as economic activity.

In this context that is generally treated as self-sufficiency for which CSI is required.
Do you have CSI in place?

[secret.simon]

(however this is where it gets tricky as both of us are volunteers and we are provided with small weekly pocket money, meals and accommodation), we have sent two employment letters where are exceptional circumstances are explained clearly.

EU Law does not have room for exceptional cases. EU Law takes a very simple approach.

If you meet all the requirements, your application must be granted.
If you fail any requirement, it must be declined.

For you (the Hungarian) to qualify as a worker, your work must be "genuine and effective" and not "marginal and ancillary". There is no fixed definition of either phrase, but I remember reading somewhere that "marginal and ancillary" means that if you stop the work, there will be no impact on your lifestyle.

It sounds as if your charity work will almost certainly not qualify you as a "qualified person" and hence neither will your husband qualify for an RC.

another letter stating that they cannot confirm his right to work in the UK

As the spouse of an EEA citizen, your Thai husband should have been issued with a COA with the right to work. If he has been issued with a COA stating that he does not have the right to work, I think (I could be wrong) the caseworker has come to the prima-facie conclusion that you are not a qualified person and that your case needs further investigation.

I concur with Noajthan that you should get CSI (Comprehensive Sickness Insurance aka private health insurance) as soon as possible and reapply as a self-sufficient person.

Because of Brexit, there has been a rush of EEA applications, while at the same time, staff across government is being cut. Thence the delay in responding to your various application and documentation requests.

[febarbs]

Thank you so much for both of the replies! I never thought of applying for the private insurance. We both work for a charity organisation, where we are both officially employe. have NI numbers and instead of getting the national minimum wage, we are provided with a house for which we do not need to pay rent, have meals provided for us as well as getting £50 of pocket money each ( I am in a payroll and I also pay voluntary NI contribution) However on a negative side, I am also receiving tax credits and as we are qualified for "low income" we do have free healthcare. I know this all sounds complicated, but we felt it is right for us to be here and we would love to settle in this country and make a family here, which is really hard if my husband needs to keep applying for (in this case, as long as we work for this organisation and not have a proper secular job) a Tier 5 Visa. I would understand that this case may need some more looking into, as it is not a straight forward one. We just hope it will be a positive outcome, as we are genuine applicants, do not want to abuse the system,
but simply two young people who are from different countries trying to settle in a common land.

I guess they could not confirm his right to work, as they have written in the letter that they have not seen my original identity document. However, I am
just wondering if they got it now, as we still heard nothing. If my missing passport was the only obstacle,
and it was sorted now, I wonder shouldn't they let us know? Or perhaps they are just way too busy.

I am at least hoping for the return of documents which I have requested over a week ago. We suppose to fly on 5th October, so fingers crossed!

At least I know that if we receive the RC for my husband that it was nothing short of a miracle.

also, does anybody know when do they count 6 months from? Is it from the time of payment? Or could it be that as they had to wait 6 weeks for my passport that they count 6 months from there! I hope not though!

[febarbs]

Thank you so much for both of the replies! I never thought of applying for the private insurance. We both work for a charity organisation, where we are both officially employe. have NI numbers and instead of getting the national minimum wage, we are provided with a house for which we do not need to pay rent, have meals provided for us as well as getting £50 of pocket money each ( I am in a payroll and I also pay voluntary NI contribution) However on a negative side, I am also receiving tax credits and as we are qualified for "low income" we do have free healthcare. I know this all sounds complicated, but we felt it is right for us to be here and we would love to settle in this country and make a family here, which is really hard if my husband needs to keep applying for (in this case, as long as we work for this organisation and not have a proper secular job) a Tier 5 Visa. I would understand that this case may need some more looking into, as it is not a straight forward one. We just hope it will be a positive outcome, as we are genuine applicants, do not want to abuse the system,
but simply two young people who are from different countries trying to settle in a common land.

I guess they could not confirm his right to work, as they have written in the letter that they have not seen my original identity document. However, I am
just wondering if they got it now, as we still heard nothing. If my missing passport was the only obstacle,
and it was sorted now, I wonder shouldn't they let us know? Or perhaps they are just way too busy.

I am at least hoping for the return of documents which I have requested over a week ago. We suppose to fly on 5th October, so fingers crossed!

At least I know that if we receive the RC for my husband that it was nothing short of a miracle.

also, does anybody know when do they count 6 months from? Is it from the time of payment? Or could it be that as they had to wait 6 weeks for my passport that they count 6 months from there! I hope not though!

[noajthan]

Thank you so much for both of the replies! I never thought of applying for the private insurance. We both work for a charity organisation, where we are both officially employe. have NI numbers and instead of getting the national minimum wage, we are provided with a house for which we do not need to pay rent, have meals provided for us as well as getting £50 of pocket money each ( I am in a payroll and I also pay voluntary NI contribution) ...

I guess they could not confirm his right to work, as they have written in the letter that they have not seen my original identity document. However, I am
just wondering if they got it now, as we still heard nothing. If my missing passport was the only obstacle,
and it was sorted now, I wonder shouldn't they let us know? Or perhaps they are just way too busy.

I am at least hoping for the return of documents which I have requested over a week ago. We suppose to fly on 5th October, so fingers crossed!

At least I know that if we receive the RC for my husband that it was nothing short of a miracle.

also, does anybody know when do they count 6 months from? Is it from the time of payment? Or could it be that as they had to wait 6 weeks for my passport that they count 6 months from there! I hope not though!

You can get a steer on how HO will weigh up and assess your case in guidance here:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- see page 23+
- receipt of benefits may not help your case.

Time is counted from submission of biometrics.
But HO cannot be held to the EU-mandated 6 month SLA and, due to upsurge in applications due to Brexit & etc, they are struggling manfully but failing to keep up.