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Want to apply RC but some documents missing

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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adnan01
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Pakistan

Want to apply RC but some documents missing

Post by adnan01 » Wed Mar 14, 2012 11:42 am

Hi,

I came back to the UK end of January on EEA family permit as a non-EEA spouse.

Fortunately, I recently got professional job and issue of EEA family permit validity which expires by end of May was resolved and accepted by my employer. So I have started working full time.

I want to apply Residence permit asap. My wife is currently exercising her treaty rights as a student and she is from Latvia living in the UK since 2006. My daughter was born in the UK and she is also Latvian citizen currently.

I have all the documents available except my wife's university enrolment letter and she recently faced some fee issue when Student finance mistakenly didn't pay her fee to Uni. So she is currently suspended, however she is still going to University and submitting her courseworks etc. But she is unable to get letter from University to confirm her enrolment. Do I have to have Enrolment letter? or ID card can be enough?

What shall I do? apply Residence card on basis of my wife exercising treaty rights as a student or register her with Job centre and apply as a job seeker? What other docs I would need if I apply RC as a Non-EEA family member of job seeker EEA citizen living in the UK.

Kindly reply

Regards,
Adnan

adnan01
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Post by adnan01 » Sat Mar 17, 2012 10:21 pm

Can anyone please advise?

Do I have to have my wife's university letter or Registration certification is good enough? I can take a print out of ID card but my wife is studying, its just some fee issues currently preventing us to take out enrolment letter.

If I don't go through this route and apply on basis of job seeker than what do we need to do? Register with jobcentre? is that it?

Kindly advise!
Adnan

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat Mar 17, 2012 10:44 pm

adnan01 wrote:Can anyone please advise?

Do I have to have my wife's university letter or Registration certification is good enough? I can take a print out of ID card but my wife is studying, its just some fee issues currently preventing us to take out enrolment letter.

If I don't go through this route and apply on basis of job seeker than what do we need to do? Register with jobcentre? is that it?

Kindly advise!
Don't go off and invent something that's not true it will most likely backfire on you. If she's a student get that sorted out and apply. If not a student, she would need to get a job or be self-sufficient (hold comprehensive sickness insurance and rely on your income).

adnan01
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Location: London/Dubai
Pakistan

Post by adnan01 » Sat Mar 17, 2012 10:52 pm

So can we apply as a self sufficient even though she's a student and exercising her treaty rights as a student? In that case will I still need to send her registration certificate?
Adnan

adnan01
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Location: London/Dubai
Pakistan

Post by adnan01 » Sat Mar 17, 2012 10:58 pm

My wife has CSI and I'm working full-time.
Adnan

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat Mar 17, 2012 11:02 pm

adnan01 wrote:So can we apply as a self sufficient even though she's a student and exercising her treaty rights as a student? In that case will I still need to send her registration certificate?
If she already has a registration certificate and is still a student, you could use that for your application.

If she already has Comprehensive Sickness Insurance (CSI) and she must if she's a student that covers her and also her family members, then she could also apply for a registration certificate as a self-sufficient person relying on your income.

The reason I put the emphasis on her and not you, is that if she is a qualified person, your application as a family member will succeed.

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Post by EUsmileWEallsmile » Sat Mar 17, 2012 11:03 pm

adnan01 wrote:My wife has CSI and I'm working full-time.
OK, we crossed posts. If the CSI covers you as well, then you could use that.

adnan01
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Location: London/Dubai
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Post by adnan01 » Sat Mar 17, 2012 11:16 pm

My wife's CSI only covers her. Myself and our daughter doesn't have CSI. All is fine if we apply on basis of my wife being student. Its just we are unable to get enrollment letter from uni even though my wife is currently studying and if HO phone and confirms so Uni will confirm that.

So if we are to apply as self sufficient, she will need to obtain RC again? And then I can apply for registration card?
Adnan

Jambo
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Post by Jambo » Sun Mar 18, 2012 12:09 am

adnan01 wrote: Do I have to have my wife's university letter or Registration certification is good enough?
If your wife has Registration Certificate already, there is no need to provide evidence of exercising treaty rights again so no need for the enrolment letter.

Just get CSI to cover you also.

adnan01
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Post by adnan01 » Sun Mar 18, 2012 9:05 am

Do I need CSI when we apply as a student? So my wife and me we both need CSI? Or it is only needed for both when we apply on basis of my wife being self sufficient?

As you already said that we don't really need enrollment letter confirming her studies because my wife already has Registration certificate, than I would prefer to apply on basis of student, just one last thing as a clarification I need is about CSI which I've mentioned above.

I appreciate your kind patronage.

Regards,
Adnan

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Post by EUsmileWEallsmile » Sun Mar 18, 2012 9:47 am

adnan01 wrote:Do I need CSI when we apply as a student? So my wife and me we both need CSI? Or it is only needed for both when we apply on basis of my wife being self sufficient?

As you already said that we don't really need enrollment letter confirming her studies because my wife already has Registration certificate, than I would prefer to apply on basis of student, just one last thing as a clarification I need is about CSI which I've mentioned above.

I appreciate your kind patronage.

Regards,
It appears that family members of EEA students don't have to have CSI though the student does. Family members of EEA self-sufficient persons do require CSI.

Please see the following (page 4, paragraph 27):

http://www.info.doh.gov.uk/doh/finman.n ... 0FINAL.pdf

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Mar 18, 2012 10:02 am

adnan01 wrote:Do I need CSI when we apply as a student? So my wife and me we both need CSI? Or it is only needed for both when we apply on basis of my wife being self sufficient?

As you already said that we don't really need enrollment letter confirming her studies because my wife already has Registration certificate, than I would prefer to apply on basis of student, just one last thing as a clarification I need is about CSI which I've mentioned above.

I appreciate your kind patronage.

Regards,
Is your wife's residence certificate relatively recent? Technically that's all you should need to provide, but let's say it were from 2006, they may wish to investigate whether she's still a student. I suggest you could make your application with the registration certificate, but in parallel get this enrollment letter and funding issue sorted out.

adnan01
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Location: London/Dubai
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Post by adnan01 » Sun Mar 18, 2012 10:43 am

She obtained registration certificate in October 2009. Yes, we are going to try and obtain enrollment letter, if not than I will apply without it.

But if we are to apply as self sufficient so all we need is CSI for my wife and myself, and include registration certificate? Is there any requirement about income? I'm trying to figure out if we apply as self sufficient than what will be the procedure, ok CSI for both and existing registration certificate with my employment and all income details. Anything else we would need? actually I gotta good job and we are family with one child and I don't wana apply with any risk involved. I want to send application straight and simple.

Apologies for so many questions.

Regards,
Adnan

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Post by EUsmileWEallsmile » Sun Mar 18, 2012 12:56 pm

adnan01 wrote:She obtained registration certificate in October 2009. Yes, we are going to try and obtain enrollment letter, if not than I will apply without it.

But if we are to apply as self sufficient so all we need is CSI for my wife and myself, and include registration certificate? Is there any requirement about income? I'm trying to figure out if we apply as self sufficient than what will be the procedure, ok CSI for both and existing registration certificate with my employment and all income details. Anything else we would need? actually I gotta good job and we are family with one child and I don't wana apply with any risk involved. I want to send application straight and simple.

Apologies for so many questions.

Regards,
For the UK:

If applying as spouse of EEA self-sufficient, all family members need CSI.
If applying as spouse of EEA student, only student appears to require CSI.
If applying as spouse of an EEA worker, CSI not required.

Residence certificate is 2.5 years old, it might pose some questions, ie is the student still a student?

How long more is your wife likely to be a student? If she were a worker, the requirements would be very straightforward.

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Post by Jambo » Sun Mar 18, 2012 3:07 pm

Jambo wrote: Just get CSI to cover you also.
I stand corrected. Reading Regulation 4 then the requirement for CSI for family members is only for self sufficient applicants not students. Form EEA2 doesn't reflect this as it asks for CSI for family members of students.

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Post by EUsmileWEallsmile » Sun Mar 18, 2012 3:12 pm

Jambo wrote:
Jambo wrote: Just get CSI to cover you also.
I stand corrected. Reading Regulation 4 then the requirement for CSI for family members is only for self sufficient applicants not students. Form EEA2 doesn't reflect this as it asks for CSI for family members of students.
This threw me as well until I re-read it this morning.

adnan01
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Post by adnan01 » Sun Mar 18, 2012 4:21 pm

My wife is not working currently. She is planning to find work. Probably one day a week because we have 3 years old daughter so I'm working full time and my wife studying full time. She is suppose to complete her studies by January 2013.

How about if we apply on basis of job seeker? What would she need to do in that case? Register with Job centre as a job seeker? And CSI required for both my wife and myself? I'm not sure what route would be safe and easy..

Three options we have:

1. Student: get CSI for my wife (we have it and I came back to the UK on EEA family permit on basis of my wife exercising treaty rights in the UK)

2. Self sufficient: get CSI for both of us and send current registration certificate along?

3. Job seeker: register with job centre and what else?
Adnan

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Post by Jambo » Sun Mar 18, 2012 4:45 pm

Why do you try to complicate things? She is a student and the HO holds a record of her as such.

Apply as a student using her Residence Certificate. Simple.

adnan01
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Post by adnan01 » Sun Mar 18, 2012 6:52 pm

Thanks Jambo

I'm going to apply as a student but I mentioned in my first post that my wife SLC recently mistakenly didn't pay fee to Uni and she is temporarily suspended. She is still going to uni, just uni not giving enrollment letter due to fee issue. We are trying to resolve that and hopefully we will get that letter. My concern is that if we DON'T get enrollment letter than what shall I do. I can provide uni details in EEA2 application form and if HO call uni they will surely confirm that she's studying there. So from this post my main motive was to find out what shall we do, if its not appropriate to apply without having uni enrollment letter than shall we use different route. Or send ID card photocopy atleast to show something.

When I applied EEA family permit I only sent university ID card as a proof of my wife studies. If I can apply without enrollment letter than certainly its straight forward.
Adnan

adnan01
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Post by adnan01 » Sun Mar 18, 2012 6:59 pm

My EEA. Family permit expires by end of May this year. So I want to apply for residence card well before time so that I receive COA before end of May because I want to show that letter to my employer to make sure my job don't get into jeopardy.
Adnan

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Post by EUsmileWEallsmile » Sun Mar 18, 2012 7:06 pm

adnan01 wrote:My EEA. Family permit expires by end of May this year. So I want to apply for residence card well before time so that I receive COA before end of May because I want to show that letter to my employer to make sure my job don't get into jeopardy.
Without any complications, your certificate of application will take around two weeks. You have a little time.

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Post by EUsmileWEallsmile » Sun Mar 18, 2012 7:09 pm

Jambo wrote:Why do you try to complicate things? She is a student and the HO holds a record of her as such.

Apply as a student using her Residence Certificate. Simple.
It would be very simple. However, her residence certificate is a couple of years old. I would not be surprised, if HO wanted to ensure that she is still a student. Just an opinion, but like I say, I would not be surprised. Therefore, best to get the letter of enrollment sorted out so she can demonstrate that she's still a student.

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Post by Jambo » Sun Mar 18, 2012 8:39 pm

adnan01 wrote:Thanks Jambo

I'm going to apply as a student but I mentioned in my first post that my wife SLC recently mistakenly didn't pay fee to Uni and she is temporarily suspended. She is still going to uni, just uni not giving enrollment letter due to fee issue. We are trying to resolve that and hopefully we will get that letter. My concern is that if we DON'T get enrollment letter than what shall I do. I can provide uni details in EEA2 application form and if HO call uni they will surely confirm that she's studying there. So from this post my main motive was to find out what shall we do, if its not appropriate to apply without having uni enrollment letter than shall we use different route. Or send ID card photocopy atleast to show something.

When I applied EEA family permit I only sent university ID card as a proof of my wife studies. If I can apply without enrollment letter than certainly its straight forward.
I would write in the cover letter that she has been granted a Residence Certificate as a student in 2009 and that she is still a student. You can add some evidence she is still a student such as a valid University card. As for the form, although the language used for the supporting evidence is "must". If she has a Residence Certificate, it is not a must.

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Post by EUsmileWEallsmile » Sun Mar 18, 2012 8:46 pm

Jambo wrote:
adnan01 wrote:Thanks Jambo

I'm going to apply as a student but I mentioned in my first post that my wife SLC recently mistakenly didn't pay fee to Uni and she is temporarily suspended. She is still going to uni, just uni not giving enrollment letter due to fee issue. We are trying to resolve that and hopefully we will get that letter. My concern is that if we DON'T get enrollment letter than what shall I do. I can provide uni details in EEA2 application form and if HO call uni they will surely confirm that she's studying there. So from this post my main motive was to find out what shall we do, if its not appropriate to apply without having uni enrollment letter than shall we use different route. Or send ID card photocopy atleast to show something.

When I applied EEA family permit I only sent university ID card as a proof of my wife studies. If I can apply without enrollment letter than certainly its straight forward.
I would write in the cover letter that she has been granted a Residence Certificate as a student in 2009 and that she is still a student. You can add some evidence she is still a student such as a valid University card. As for the form, although the language used for the supporting evidence is "must". If she has a Residence Certificate, it is not a must.
I would agree with you 100%, but technically she might not be a student for the purposes of the regulations because she is suspended due to non-payment of fees. Sort that out and it will all work out.

It's over to the OP to decide what to do.

adnan01
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Post by adnan01 » Sun Mar 18, 2012 9:14 pm

Basically my wife last year's fee was reversed back by SLC for some unknown reasons. Later when we contacted SLC, they said we never applied for it even tho they already paid it and than took it back:) bizarre world :). So when I was applying EEA family permit I had same issue and I only show ID card because although my wife is suspended but its a sort of partial suspension as her ID card works and she is asked to attend uni as well as asked to submit her course works. So technically she is legally studying and attending uni, however when it comes down to request of enrollment letter uni doesn't issue one. We have contacted SLC and my wife's application regarding the fee issue is in process. But it is taking time and God knows when it will be all sorted out.

I'm certain that if HO contacts university, they will confirm that my wife is studying there as a full-time student. For this confusing situation I've been thinking of other routes too. I'm lucky to get full time good job in the uk within one month of my arrival and I don't want any problems just because of immigration issues. I wish they could have in person application process, I would pay money but get things sorted in days, not in six months.

Vote please: apply as a student without enrollment letter?

Or try different route?

Everyone's support is highly appreciated, thanks guys
Adnan

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