Are they right?

[kanyba]

Good morning all,
This is my first time writing on this forum.Unfortunatelly,i had already made my application before a friend introduced me to this forum.I wish i had seen this before my application.
Here is my story,
I was in uk since 2003,met my husband ( a British)and had a baby in 2004,though i did not have an entry visa by the time.In 2007 my husband decided that we both travel to ghana my home country for a proper marriage and afterward,he got a job in dublin and instead of me making an application to come to uk,i applied to join my husband in ireland.
In ireland, a 5 year (EUFAM 4) RC was issued to me in 2008.I had another baby last year,who also now have a British passport just like the first child.
We decided to move to uk late last year,the British embassy issued a 6months EEA family permit (under surinda sighn).to accompany my husband.On getting to manchester,we now decided to settle down in uk.I applied for NI and got one.Now got a job since about 3months.My husband is not working at the moment,my children are now settled and schooling.
I called the HO asking about when to apply for RC, since the family permit will expire in May this year.They said i can apply anytime,
and i also informed them about my husband not working,
They said it does not matter as long as he does not get any form of benefit.
MY FEAR.
Going thru the directive,for my application to be consider my husband should be exercising his treaty right (though he is British and does not claim any benefit except for the child benefit for our children)
Do i have any chance,and what is the worst case scenario?

[CheGuevara]

They are chatting rubbish, You might want to read the Eind ECJ ruling, the guy who was Dutch left the UK and was claiming benefit in Holland and the Dutch government tried the same stunt.

He can claim benefits and it would not affect his rights or your rights, the problem is that the Home Office is full of inompetents and novices.

http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary
read 3.11

THE CASE:

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

[kanyba]

They are chatting rubbish, You might want to read the Eind ECJ ruling, the guy who was Dutch left the UK and was claiming benefit in Holland and the Dutch government tried the same stunt.

He can claim benefits and it would not affect his rights or your rights, the problem is that the Home Office is full of inompetents and novices.

http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary
read 3.11

THE CASE:

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

Thanks for the info.
I guess there might be a chance, but could the HO ignore the rulling in the EIND case, as they said its still under consideration.
Can i be asked to leave uk, bearing in mind that my two children are are also settled,1 in school and looked after by my husband while i go to work.

[Ben]

Was your second child born in Ireland?

[kanyba]

Was your second child born in Ireland?

No. She was born in uk when i came on a visit to my husband's family.My country's embassy in london endorsed her on my passport for me to travel back to ireland.We have recently received her uk passport.
Can any one shed more light on my chance of success/failure on this please?
I cant just imagine what disruption and disorganisation this could cause to my family if the HO says something Negative

[CheGuevara]

They are chatting rubbish, You might want to read the Eind ECJ ruling, the guy who was Dutch left the UK and was claiming benefit in Holland and the Dutch government tried the same stunt.

He can claim benefits and it would not affect his rights or your rights, the problem is that the Home Office is full of inompetents and novices.

http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary
read 3.11

THE CASE:

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

Thanks for the info.
I guess there might be a chance, but could the HO ignore the rulling in the EIND case, as they said its still under consideration.
Can i be asked to leave uk, bearing in mind that my two children are are also settled,1 in school and looked after by my husband while i go to work.

Under consideration is their business. No AIT judge would take the sides of the UKBA on this matter. The law which is the directive 2004/38/ec is clear on this and so is the EIND case. They cant touch you, trust me. If they refuse you appeal as a lot of UKBA staff are incapable of understanding simple English.
You cannot be asked to leave, until your appeal has been exhausted. Eind case is a case law and is binding. The UK saying that it is under consideration is a way to discourage people. Akwaba

[kanyba]

They are chatting rubbish, You might want to read the Eind ECJ ruling, the guy who was Dutch left the UK and was claiming benefit in Holland and the Dutch government tried the same stunt.

He can claim benefits and it would not affect his rights or your rights, the problem is that the Home Office is full of inompetents and novices.

http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary
read 3.11

THE CASE:

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

Thanks a million time,
Obie, John, Ben, Wanderer and other experienced good people,
Any idea?

[kanyba]

Hello and good morning all
Just to update you.
I have just received the COA from the home office couple of weeks after application for EEA RC.The letter does not say if i can work or not.(Though i have been working since we came back to uk,evidence of this was included in the application form)
Does this call for concern, or I should just assume they know i already have a job?

[kanyba]

Can we request for our passport to be returned as we have a family occassion in ireland in May 20th.I am almost certain considering the time taken by the HO to make a decision on EEA RC, my application will still be with them.
If we take our passport back (Both my own and my husby and kids, all British), will that invalidate my application.Do i have to resubmmit a new application when we return?