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Discussion Starter · #1 ·
Hi

I have seen very strong advice on this forum and wonder if someone might offer an opinion on the following.

I am a Dutch citizen, worked for 4 years in Uk with my Canadian wife and 2 Dutch kids in tow. Moved to Netherlands with family and was made redundant. As note we have been married over 15 years.

We decided to move back to UK as a family - I bought a house in London with my wife to facilitate this move.

We were all travelling together with some of our personal goods for the move to the UK, when my wife was refused entry the UK. This was obviously completely outrageous to me, but at border control in Calais you have little recourse.

My wife flew to Canada ( while we proceeded to London). She received an EEA Family VIsa. As economically self sufficient, the UK home office advised that they would not accept jobseeker supported applications from outside UK.

As I am still looking for work - this happened in September - and honestly sidetracked me for one month.

She is applying for an EEA2, supported by me as a jobseeker. We still have significant funds to support ourselves but don't want to fork over 300 pounds a month for health insurance when I an my kids are covered by NHS.

I have all the required paper work , I have 9 months of support from a job search agency and 2 years of severance. And a significant number of applications.

We want to post this soon, and will include our finances as back up.


Do you have any opinions of the likelihood of success ( assuming all paper work is in order) And any advice?


Thanks very much.
 

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Hi,
Hi

I have seen very strong advice on this forum and wonder if someone might offer an opinion on the following.

I am a Dutch citizen, worked for 4 years in Uk with my Canadian wife and 2 Dutch kids in tow. Moved to Netherlands with family and was made redundant. As note we have been married over 15 years.

We decided to move back to UK as a family - I bought a house in London with my wife to facilitate this move.

We were all travelling together with some of our personal goods for the move to the UK, when my wife was refused entry the UK. This was obviously completely outrageous to me, but at border control in Calais you have little recourse.

My wife flew to Canada ( while we proceeded to London). She received an EEA Family VIsa. As economically self sufficient, the UK home office advised that they would not accept jobseeker supported applications from outside UK.

As I am still looking for work - this happened in September - and honestly sidetracked me for one month.

She is applying for an EEA2, supported by me as a jobseeker. We still have significant funds to support ourselves but don't want to fork over 300 pounds a month for health insurance when I an my kids are covered by NHS.

I have all the required paper work , I have 9 months of support from a job search agency and 2 years of severance. And a significant number of applications.

We want to post this soon, and will include our finances as back up.


Do you have any opinions of the likelihood of success ( assuming all paper work is in order) And any advice?


Thanks very much.
1) Why didn't you ask for a CODE 1A Stamp?
2) Why don't you try to find a part-time job?

Animo
(Cheers)
 

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Discussion Starter · #3 ·
Jrge

Thanks for your reply.
Code 1a Stamp I assume you mean we should have asked for it in Calais. We did but UKBA felt my wife was a risk of overstaying here visa (6 months) if they let her in. Once they stated that they refused to listen to any rational facts on the matter. Notably she had an EU right to reside in UK along with here EEA national husband of 20 years and 2 minor EEA children. The Family Visa was an annoyance to get but she still has 4 months left on it.

As for part-time job, it is a good idea. Do you think a jobseeker application is risky then?
 

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I agree with Jrge. UK is really tightening up on issuing residence card when after 3 months in UK, EEA national isn't in one of defined categories of exercising treaty rights - work, self-employment, study, self-sufficiency, retirement or permanent disability. Jobseeker status is ok for the first three months (hence you can get EEA family permit) but it's not an acceptable category for residence card.
 

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Hi,
Jrge

Thanks for your reply.
Code 1a Stamp I assume you mean we should have asked for it in Calais. We did but UKBA felt my wife was a risk of overstaying here visa (6 months) if they let her in. Once they stated that they refused to listen to any rational facts on the matter. Notably she had an EU right to reside in UK along with here EEA national husband of 20 years and 2 minor EEA children. The Family Visa was an annoyance to get but she still has 4 months left on it.

As for part-time job, it is a good idea. Do you think a jobseeker application is risky then?
That she was turned down at Calais???? My sympathy to you.

Anyhow, any application as job seeker after EU National has been in UK after 3 months is unlikely to succeed. Please find yourself a part time job, and keep in mind that 15 hours should be your minimum weekly hours.

Animo
(Cheers)
 

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Discussion Starter · #6 ·
Thanks this is very helpful.

I should probably change the application to economically self sufficient. When I get a job I can cancel the health insurance.

Another option is to get refused as jobseeker then re-apply - hopefully i would have part-time or full-time employment by then.

The kind of work I do is hard to get part-time without being an independent contractor, I think the rules say you need to wait a year as a self-employed person before you can apply.

Sorry for the continuous string of questions

Thanks

PS. Jrge - i don't miss the Alberta winters -20 vs 2
 

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You don't need to wait a year as self-employed - that rule is for UK spouse/partner visa/leave.
 

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Discussion Starter · #8 ·
To clarify what might have been unclear in my previous post.
My understanding is to apply for an EEA2 for my wife if I am self employed, I would need to prove one year of income for her to be eligible.
 

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To clarify what might have been unclear in my previous post. My understanding is to apply for an EEA2 for my wife if I am self employed, I would need to prove one year of income for her to be eligible.
No. Look at the EEA2 guidance about evidential requirement for self-employment.
 

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Hi,
To clarify what might have been unclear in my previous post.
My understanding is to apply for an EEA2 for my wife if I am self employed, I would need to prove one year of income for her to be eligible.
No, you don't need to work for one year nor to have proof of a year's income.

Do follow Joppa's suggestion for better clarification. However, find it here: http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/eea/eea21.pdf

Animo
(Cheers)

P.S: I'm a well educated mustang, so -20 ain't nothing. :cool:
 

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Discussion Starter · #11 ·
Just an update for to for those who might be in a similar situation.

on Dec 28th we submitted my wifes application EEA2 based on my ( and our two minor childern's) citizenship in the Netherlands.

We applied with myself as a jobseeker. I had a confirmed letter of 23 years prior employment for my self and a reduncancy payment from a UK employer. ( even though I was assigned in the Netherlands)

We did demonstrate significant financial assets, even though we were not applying under that provision.

It appears to have been a risky move, but self sufficiency requires one to get Health insurance for entire family and that seemed an onerous expense when 3 of us are eligible for NHS.

In early February a letter stating the application was received and my wife could work until the application had been finalized.

in mid March she got her passport with the final visa.

I am not sure if jobseeker will work for everyone but it was ok for us.
 
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