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emergency i recieved a letter from caseworker

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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rogerr
Newbie
Posts: 40
Joined: Fri Aug 17, 2018 1:48 pm
France

spouse of eea citizen

Post by rogerr » Fri Aug 17, 2018 2:20 pm

hi
im spouse of eea citizen (spain) from march 2012 . before i got married i was student tier 4 general which ex 30/06/2012 . my wife was self employed since may 2010 . on aug 2012 my wife start to be employed .

1)on may 2012 i sent my application on basis self employed whitch is reject it
on 15 aug 2012 and they ask me to make another application when im in
good position.

2)on 10 sep 2012 i sent another application on basis employed whitch is
refused on july 2013 .reason ( my wife employer no pick up the phone).

3) apealed against refuse whitch is allowed 5 years RC.

4) i got PR .on the letter acquired deemed 1 aug 2017 . because i sent them
just employment period from 1 aug 2012 to 1 aug 2017.

my question now :

a) when you get married to eu citezen you have right automatically life and
work in uk without permission because RC optional ?

b) i want to apply for naturalisation . do i have any breach of immigration law
for life and work in uk ?

C) when can i apply for naturalisation?

thank you

rogerr
Newbie
Posts: 40
Joined: Fri Aug 17, 2018 1:48 pm
France

Re: spouse of eea citizen

Post by rogerr » Sat Aug 18, 2018 2:14 pm

Any one can answer my question please?

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: spouse of eea citizen

Post by Obie » Sat Aug 18, 2018 5:00 pm

You may be able to apply now, provided there was no immigration breach between March to August 2012.
Smooth seas do not make skilful sailors

nidaulhaque
Member of Standing
Posts: 252
Joined: Tue Oct 28, 2008 1:26 am
United Kingdom

Re: spouse of eea citizen

Post by nidaulhaque » Sat Aug 18, 2018 10:02 pm

Recently it was other member who posted his application for refused on the ground working without permission while he applies for residance card

So chances are you may get refusal since if you working between your student visa expire and getting residance card .

Since they count period once you granted residance card

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: spouse of eea citizen

Post by Obie » Sat Aug 18, 2018 11:21 pm

As a matter of law, that should not happen. A person should explain this in their letter of representation, so the nationality team who are not experienced on EU law, can make necessary inquiries, rather than assuming and refusing the application.
Smooth seas do not make skilful sailors

rogerr
Newbie
Posts: 40
Joined: Fri Aug 17, 2018 1:48 pm
France

Re: spouse of eea citizen

Post by rogerr » Sun Aug 19, 2018 7:39 am

I read it but it happen when he was student before he get married to eu .on eu law say When you married eu citizen you are automatically have right to live and work without permission . As well when you apply for residence card they issue for you Certificate of application with right to work . My situation i married to eu 4 month before my visa student exp.

rogerr
Newbie
Posts: 40
Joined: Fri Aug 17, 2018 1:48 pm
France

Re: spouse of eea citizen

Post by rogerr » Sun Aug 19, 2018 9:16 am

nidaulhaque wrote:
Sat Aug 18, 2018 10:02 pm
Recently it was other member who posted his application for refused on the ground working without permission while he applies for residance card

So chances are you may get refusal since if you working between your student visa expire and getting residance card .

Since they count period once you granted residance card
I read it but it happen when he was student while he want to renew his visa student to another one before he got married to eu .on eu law say When you married eu citizen you are automatically have right to live and work without permission as lomg as eu treaty right . As well when you apply for residence card they issue for you Certificate of application with right to work . My situation i married to eu 4 month before my visa student exp. married 2012 but RC ISSUED 2014 and PR ISSUED 2017 only 3 years from 2014 to 2017 . thats is mean is counted from married period . and obie he was right same what solicitor said .

nidaulhaque
Member of Standing
Posts: 252
Joined: Tue Oct 28, 2008 1:26 am
United Kingdom

Re: spouse of eea citizen

Post by nidaulhaque » Sun Aug 19, 2018 5:42 pm

Well I am totally agree and I am also in similar situation.

I agree once you applied for residance card you should be allow to work and they also issue certificate with permission to work and he also had this letter but they still refused his application

I know ho is wrong but reconsideration can take many months even more then year

rogerr
Newbie
Posts: 40
Joined: Fri Aug 17, 2018 1:48 pm
France

Re: spouse of eea citizen

Post by rogerr » Sun Aug 19, 2018 10:31 pm

nidaulhaque wrote:
Sun Aug 19, 2018 5:42 pm
Well I am totally agree and I am also in similar situation.

I agree once you applied for residance card you should be allow to work and they also issue certificate with permission to work and he also had this letter but they still refused his application
I know ho is wrong but reconsideration can take many months even more then year
NO . look his topic

I applied for BC after spending 5 years (EEA Spouse) plus one year on EEA PR. My 6 yers completed on 13 May 2018 applied of June 10 for BC.
My Application refused due to “You were working in UK without valid Leave between 31 Dec 2010 (when my Tier 4 Application was refused) and 14 Feb 2011 when you were granted leave to remain. You stated that you were working in that time hence not compliant with immigration laws”

he said married to eu may 2012 . but they refuse him between student period .tier 4 mean general student visa.

nidaulhaque
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Posts: 252
Joined: Tue Oct 28, 2008 1:26 am
United Kingdom

Re: spouse of eea citizen

Post by nidaulhaque » Mon Aug 20, 2018 3:21 pm


rogerr
Newbie
Posts: 40
Joined: Fri Aug 17, 2018 1:48 pm
France

Re: spouse of eea citizen

Post by rogerr » Mon Aug 20, 2018 8:21 pm

nidaulhaque wrote:
Mon Aug 20, 2018 3:21 pm
I was talking about this post
british-citizenship/british-naturalisat ... l#p1658944

hi mate

that is defferent case he got married dec 2008 but he apply in 2007 2year living in same place . he will be recognise to them when he residence card issued. plus normaly for 2 years law they issue for them COA without permission work .

nidaulhaque
Member of Standing
Posts: 252
Joined: Tue Oct 28, 2008 1:26 am
United Kingdom

Re: spouse of eea citizen

Post by nidaulhaque » Mon Aug 20, 2018 9:17 pm

Well he had permission of work when he applied residance card in 2007 hope some senior member put light on this

rogerr
Newbie
Posts: 40
Joined: Fri Aug 17, 2018 1:48 pm
France

Re: spouse of eea citizen

Post by rogerr » Mon Aug 20, 2018 9:52 pm

nidaulhaque wrote:
Mon Aug 20, 2018 9:17 pm
Well he had permission of work when he applied residance card in 2007 hope some senior member put light on this
NO IS ALREADY MODERATOR CONFIRM HE WAS NO LEGAL AND REFUSE WAS CORRECT AND HE SHOULD WAIT 10 YEARS . THE deferent between married coupel they start counting from marriage date but 2 years relation ship from when they issue your residence card .his case was apply for 2 years ralation in 2007 and get married in dec 2008.

rogerr
Newbie
Posts: 40
Joined: Fri Aug 17, 2018 1:48 pm
France

emergency i recieved a letter from caseworker

Post by rogerr » Fri Sep 21, 2018 2:15 pm

hi
i recieved a letter from case worker he said i was without leave to remain from 1 jan 2012 to 15 feb 2012 when a married to eu citizen . and he asked me to the answer the question in form attached with letter and send it bach by 2 oct 2018.

the case worker made a big mistake becasuse i have a visa student from 04/2011 to jun 2012 and immigration history letter which is say the same what a have in the visa .

now what should do . send them old passport with old visa and immigration letter from HO to confirm i was legal that period or answer the question what he said?

Tier1G09
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Joined: Wed Dec 28, 2011 8:52 am
India

Re: emergency i recieved a letter from caseworker

Post by Tier1G09 » Fri Sep 21, 2018 2:32 pm

Fill the form provided with all the information and send the attested photo copies of your visa.

rogerr
Newbie
Posts: 40
Joined: Fri Aug 17, 2018 1:48 pm
France

Re: emergency i recieved a letter from caseworker

Post by rogerr » Fri Sep 21, 2018 3:15 pm

if i fill the form that mean i was illegal . but iwas not my visa from 04/2011 exp jun 2012 and immigration history confirm that and they said i was without valid visa from jan 2012 to 15 feb 2012.

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CR001
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South Africa

Re: emergency i recieved a letter from caseworker

Post by CR001 » Fri Sep 21, 2018 3:32 pm

rogerr wrote:
Fri Sep 21, 2018 3:15 pm
if i fill the form that mean i was illegal . but iwas not my visa from 04/2011 exp jun 2012 and immigration history confirm that and they said i was without valid visa from jan 2012 to 15 feb 2012.
No it does NOT!!!
Tier1G09 wrote:
Fri Sep 21, 2018 2:32 pm
Fill the form provided with all the information and send the attested photo copies of your visa.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

rogerr
Newbie
Posts: 40
Joined: Fri Aug 17, 2018 1:48 pm
France

Re: emergency i recieved a letter from caseworker

Post by rogerr » Fri Sep 21, 2018 5:16 pm

CR001 wrote:
Fri Sep 21, 2018 3:32 pm
rogerr wrote:
Fri Sep 21, 2018 3:15 pm
if i fill the form that mean i was illegal . but iwas not my visa from 04/2011 exp jun 2012 and immigration history confirm that and they said i was without valid visa from jan 2012 to 15 feb 2012.
No it does NOT!!!
Tier1G09 wrote:
Fri Sep 21, 2018 2:32 pm
Fill the form provided with all the information and send the attested photo copies of your visa.

can i send as well passport stamp out of uk from 4/feb/2012 back to uk 23 feb /2012

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