Residence card

[lwebb1603]

Hi All,
I have received today a letter from H.O. replying to my application for residence card as the family member of a EEA national submitted on 4th March 2009.
Me and my husband were both working in Spain, I applied for the EEA Family permit to come to the UK with my husband (UK National) and our 2 year old son born in Spain who has a British passport from the madrid embassy.
I applied for the EEA2 residence card in march and sent my Spanish resince card, my husbands residence card ( but not passports as we needed them to travel but sent a cover letter staing this) and now today received this letter which states,
To enable the application to be considered under the Surrinder Singh ruling, you should send to this office the following documents;

.Your passport....... Not a problem
.your EEA family members passport or national identity card. .......Not a problem
.your marriage certificate......Not a problem
.evidence to show that you were residing with your husband in the same EEA state immediatly prior to coming to the UK.......Not a problem
.evidence to show that your husband was working in the EEA state immediatly prior to coming to the UK......Not a problem
.evidence to show that your husband would be a quilified person, if he were treated as an EEA national, therefore evidence that your family member is currently exercising Treaty rights in the UK in the following ways;

1,employment or.......Problem
2,self emplyoment or......Problem
3,vocational student or......Problem
4,retired or......Problem
5,if your EEA does not fall into any of these categories but has sfficient funds to avoid becoming a burden on public funds.....Problem
The problem is that we are both unemployed and my husband is claiming for JSA but not for me, child benefit and child tax credits and housing benefit ,will my residence card be refused because we do not fall into any of the 1-5 categories
BUT in the last bullet question exercising his treaty rights in the UK as a qualifed person is the same as activly seeking work?.

Does anyone know what I should do now as I have 21 days to submit the documents from 1st December

[lwebb1603]

I found this info at http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Does this apply to me

3. Treaty rights

The term ‘Treaty Rights’ refers to any of the following (these terms are defined in regulation 4(1) of the 2006 Regulations):

3.1 Worker

A "worker" is someone who is in either full-time or part-time employment.

A person who is doing vocational work, and does not receive a wage, may qualify as self-sufficient if (for instance) they have funds to support themselves, or if a charity is meeting their living costs.

A person who is a minister of religion may not be receiving a wage but will qualify as self-sufficient if their living costs are being met by the religious institution employing them.

3.1.1 Jobseeker

A "qualified person" may also be a jobseeker, although the EEA national must be able to show evidence that s/he is seeking employment and is also able to show a genuine chance of being engaged in employment.

We would generally expect a jobseeker to obtain employment within 6 months of beginning his/her search. It is highly likely that an individual claiming a right of residence as a jobseeker will also be exercising Treaty rights as a self-sufficient person. Jobseekers have no entitlement to access social assistance of the host member state (Article 24(2) of the Directive refers), although they may in certain circumstances be able to import benefits from their home country,

[guevara]

Under the Eind ruling there should not be any problem at all, you are well protected

http://eur-lex.europa.eu/LexUriServ/Lex ... 291:EN:NOT

[lwebb1603]

Hi,
Thank you for your reply but your link was a bit complex for me.
Does it not matter if we are not working but actively seeking work

[Obie]

Geuvera is perfectly right. But the UK says they are still studying the Eind ruling 2 years exactly since it was passed. Therefore you will have difficulty with them in that regards as they have not implemented the changes.
They insist that you must be exercising a treaty right, in an Economic capacity on your return to qualify. Although it seems, they exercised a bit of flexibility on the kind of qualified person that the returning national should be.

if the UK national has now returned to the UK, had married or entered into the civil partnership and were living together in the EEA State before his/her return.
if the UK national is engaged in economic activity, (worker or self-employed) within the UK or intends to engage in economic activity upon return to the UK.
This is an important consideration as it is key to the UK national demonstrating that they are exercising free-movement rights under EU law and a person who has worked in an EEA state and then returns to the UK and does not engage in economic activity could not benefit from Regulation 9. This issue is currently under consideration in the ECJ case of EIND.
The principle of treating the UK national as if s/he were an EEA national means that the family member will need to meet the normal requirements imposed on a family member seeking entry to the UK. This includes the requirement to have a family permit, which will only be issued if the family member is lawfully resident in the other EEA country or satisfies the relevant requirements of the immigration rules

I think you should write to them, notifying them about this ruling.

Also inform them that your husband is seeking work, and has a realistic prospect of securing one. However the UK border agency states that jobseekers are supposed to have found work within 6 months, if not, they will need to provide evidence that there is a realistic chance of them securing one.

I think the law is on your side anyway.

[lwebb1603]

My husband has been looking for work and sending off his cv and had a few interviews but with the current climate of unemployment rising he is still unemployed, I have had no luck also and one company asked if I had a resident card.At the moment we would be happy if only one of us got a job and then we would not need to find a child minder for our 2 year old (9th January) son

[guevara]

My husband has been looking for work and sending off his cv and had a few interviews but with the current climate of unemployment rising he is still unemployed, I have had no luck also and one company asked if I had a resident card.At the moment we would be happy if only one of us got a job and then we would not need to find a child minder for our 2 year old (9th January) son

In the Eind case, he went back to Holland his country of birth just like your husband and was claiming unemployment benefit but then applied for residence card for his Daughter and was refused, he had been claiming for over 6 months. The ruling found the Dutch government guilty of failing to adhere to the Directive. Lucky son my birthday is on the 9th of January as well. If they refuse just take them to tribunal but like Obie said when applying for a residence card write a short letter explaining to them that you are applying according to the Eind ECJ ruling.

[lwebb1603]

If they refuse the residence card will I have to leave the UK or can I apply for a renewell visa! and if I have to leave that means I will have to leave my husband and son, how can this be?

[lwebb1603]

So if I find a job quickly possibly for the Christmas period that is temporary or part time will this satisfy the H.O. or not as my husband is on benefits?

[guevara]

If they refuse the residence card will I have to leave the UK or can I apply for a renewell visa! and if I have to leave that means I will have to leave my husband and son, how can this be?

You dont have to leave, you would stay in the UK, if they refuse to give you your residency card you can appeal but the law is behind you and your husband, they cannot ask you to leave. The guy called Eind was in the same situation as you and the European court of justice told the Dutch government that they have to give them a residence card.

[guevara]

So if I find a job quickly possibly for the Christmas period that is temporary or part time will this satisfy the H.O. or not as my husband is on benefits?

It would not because you are not the EU citizen.

[lwebb1603]

I have the H.O. certificate of Application and it states that I can work and information about this for any employer to employ me.
I am really nervous now that we dont work and the card will be refused.
Should I send the required documnets that I have and a letter stating my husband is a jobseeker and quote the dutch ruling.
Does anyone have any suggestions as what to write in the covering letter?

[lwebb1603]

And if I was given the residence card the the 6 month time scale that the law says it should take then my husband would not have been a jobseeker for more than 6 months?
Should I state this in the letter?

[lwebb1603]

I have found this on ukba website does this still apply?
REGISTRATION CERTFICATE APPLICATIONS

5.10 Checks that must be conducted before a Residence Card can be issued
Prior to issuing a Residence Card a caseworker must be satisfied as to the non-EEA national identity (see Section 5.7 and 5.11), their relationship to the EEA national (see Section 5., that the non-EEA national is in the U.K and that the EEA national is a qualified person or has a right of permanent residence(see Chapter 4.1).

4.1 Treaty Rights

Treaty rights refer to any of the following:
Employment (including job seeking)

Self-Employment

Study

Economic Self-Sufficiency

3.1.1 Jobseeker
A “qualified personâ€

[lwebb1603]

And now to make things even worse my husband has been diagnoised with depression from the doctor and the doctor issued him with a medical/sick note for 2 weeks even though he is not working.
My husband had depression before we met but normally keeps it under control but while he has been in the UK he did not ask the doctor here for medication because of the H.O. "burden on public funds" rules and resorted to taken Kalms and st. Johns wort but they did not help and possibly made it worse.
Now the Doctor has given this sick note will this go against the residence card issue?

[lwebb1603]

Sent all documents to H.O. on 16th Dec and I am still waiting.
Does anyone konw how long it takes now?

[lwebb1603]

I received mine and my husbands passport back from H.O. in time so we could travel to visit my ill father, they returned them very quickly and upon return I telephoned the UKba to say so.
I received a call to resend the passport back to them which I did in Feb 2010 (I was away for 2 weeks).
I am stilling waiting and i have phoned and emaild UKba many times and all they say is it is with the caseworker.
I made a complaint and received a letter from UKba on 1 March to "apologise for the delay but unfortunately operational constraints and a high number of applications have resulted in a delay and we are taking measures to address such issues with the recruitment and traing of additional staff"
I am still no further forward with my application and complaint.

I have made a complaint with SOLVIT who replied " I am SOLVIT, and I am dealing with your complaint, as soon as I hear some news I will inform you".

I have contacted my M.P. who also have hit a brick wall who replied " I have telephoned the MP's helpline at the UK Border Agency and was told that there is a note on the system . This apparently means that your application is being worked on. I asked how you can complain and was given this number 0870 241 6523.I hope this helps..

I have telephoned the UK Border Agency but they say they are still in the process due to an increase of applications.It is now nearly 13 months since my application was received and at the moment I am unable to work without a residence card as potential employers need to see proof of right to work, I have the certificate of application (letter from UKba ) but that states I should of received the Residence card within 6 months.Under the E.U directive all residence cards should be processed within 6 months but the UKba are breaking this E.U law and causing me and my family unnecessary distress.

What can I do now?
.

[jajanana]

Make another complaint and let them know that they are breaking the EU six months rule.

[lwebb1603]

I have made 3 officail complaints and have mentioned UKba are breaking E.U. rules but they are unresponsive to the point where they dont care

[jajanana]

UK BORDER AGENCY - where you submitted your EEA application.

Address: European Applications EEA2, PO Box 306, Dept 45, Liverpool. L2 0QN

• NORTH WEST CUSTOMER SERVICE UNIT - deals with complaints from customers living in the region or complaints about the service provided by the region. It also deals with complaints relating to citizenship and nationality applications, and to applications by EEA nationals. (Major cities: Liverpool, Manchester).

Phone: 0161 261 1117
Fax: 0161 261 1132
Email: NWCSU@homeoffice.gsi.gov.uk
Address: North West Region CSU, PO Box 99, Manchester M90 3WW

• LONDON AND SOUTH EAST CUSTOMER SERVICE UNIT - deals with complaints from customers living in the region or complaints about the service provided by the region. (Major cities: London, Dover, Portsmouth).

Fax: 020 8760 8765
Email: LSECSU@homeoffice.gsi.gov.uk
Address: London and South East Region CSU, PO Box 1863, Croydon CR9 3UF

• NORTH EAST, YORKSHIRE AND THE HUMBER CUSTOMER SERVICE UNIT - deals with complaints from customers living in the region or about the service provided by the region. It also deals with complaints relating to immigration applications under the points-based system and the Worker Registration Scheme. (Major cities: Leeds, Newcastle, Sheffield).
Phone: 0114 207 2966
Fax: 0114 207 2906
Email: NEYHCustomers@ukba.gsi.gov.uk
Address: North East, Yorkshire and the Humber Region CSU, PO Box 3468, Sheffield S3 8WA

• MIDLANDS AND EAST OF ENGLAND CUSTOMER SERVICE UNIT - deals with complaints from customers living in the region or complaints about the service provided by the region. (Major cities: Birmingham)

Phone: 01733 847844
Fax: 01733 847800
Email: MECSU@homeoffice.gsi.gov.uk
Address: Midlands and East of England Region CSU, PO Box 1004, Peterborough PE1 9GH

• WALES AND SOUTH WEST CUSTOMER SERVICE UNIT - deals with complaints from customers living in the region or complaints about the service provided by the region. (Major cities: Bristol, Cardiff, Plymouth).

Phone: 02920 924657
Fax: 02920 924620
Email: WSWCSU@homeoffice.gsi.gov.uk
Address: Wales and South West Region CSU, 3rd Floor, General Building, 31-33 Newport Road, Cardiff CF24 AB

• SCOTLAND AND NORTHERN IRELAND CUSTOMER SERVICE UNIT - deals with complaints from customers living in the region or complaints about the service provided by the region. (Major cities: Aberdeen, Belfast, Edinburgh, Glasgow).

Email: BIASNICustServ@homeoffice.gsi.gov.uk
Address: Scotland and Northern Ireland Region CSU, Festival Court 1, 200 Brand Street, Glasgow G51 1DH


However, if you wish to piss them off a bit and show that you really mean business and that you won't stop till you get your documents back, fax, email and send your post to all the complaint units provided. That should do the trick! But remember, do so only every 5 working days otherwise they might get too annoyed. Be sure to phrase your application reminder request in a polite manner.
Let them know that this is your fourth complaint to UKBA.

[677ano]

5.9 Six-month rule
Community law requires us to decide applications for a Residence Card within 6 months from the date of receipt of the application. Every effort should be made to do so, particularly where an applicant draws our attention to an alleged breach of this requirement. Failure to comply with this requirement could leave the Home Office open to a claim for damages.

the above is from the European case work send a letter of intent to prosecte

[lwebb1603]

Below is a response from my M.P.;
I have telephoned today and I'm sorry that I cannot get any further information other than it is "waiting for a decision".
I asked if it was normal that it should take so long and was told there was a huge backlog of European cases.
I know that's no answer really.
I'll ring them again next week.
Did you make a complaint?

If my M.P. and SOLVIT cant get anywhere what chance do I have