How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

My wife is an Italian National. I am a South African. I obtained

Resolved Question:

My wife is an Italian National. I am a South African.
I obtained an EEA Family permit in December 2014 and we arrived in the UK together on 16 December 2014. My Permit expires 15 June 2015. We have 2 daughters, both Italian nationals, 11 years old and 1 year old. My wife wishes to exercise her treaty rights and enter into employment in the UK. it is our intention to live in the UK permanently. I was able to secure work easily and commenced full time permanent employment on the 6 January 2015. I am registered for national insurance and a tax payer in the UK. I earn £110,000 per year excluding bonuses and shares. In order for us to remain in the UK post 15 June 2015 we will need residence cards. My wife should obtain hers first, then i will apply for mine. Once i have applied and the application is valid, i will get a certificate of application which should allow me to continue living and working in the UK until the card is approved (up to 6 months).
The challenge we have is that until now, my wife has not been in a position to exercise her treaty rights. The process of moving the family have proven to be more traumatic than anticipated and as a result she has been focussed on looking after the family.
It was always anticipated that she would return to work in the health and beauty sector (she caries an international diploma as an Aesthetician), she would like to further her education in nutrition and start her own business as a nutrition therapist.
I am the sole provider and breadwinner at this point and my salary is sufficient to support the family without touching any public funds.
We have comprehensive medical insurance with Bupa. We pay council tax and we are registered on the electoral role.
My question is what is the best process to follow in order to a) obtain my wife resident card b) obtain my resident card
in a manner that allows us to continue to live and work in the UK?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
She should apply for her registration certificate (https://www.gov.uk/eea-registration-certificate) and you should apply for your residence card (https://www.gov.uk/eea-registration-certificate) at the same time.
Exercising treaty rights does not necessarily mean working. A person can be regarded as exercising their treaty rights in the UK if they are “self-sufficient”. Essentially, this means that you can exercise your treaty rights as an EEA national by simply living in the UK and not being an unreasonable burden on public funds.
So, if your wife has been in the UK and not claimed any benefits then she should state in her application and in her personal statement that she has been self-sufficient and has exercised her treaty rights by doing this. Provided that she has not claimed any benefits in the UK then this should be accepted.
In order to apply for an obtain your residence card you will have to submit similar documentation that you submitted with your family permit, except that in addition to these you will have to submit evidence of your insurance and full details of your job (contract of employment, payslips, letter from employer etc)
Obviously, you will have to submit the usual documentation in terms of bank statements, utility bills, council tax records, electoral roll registration photos of you and your wife over a period of time showing your relationship history together and your personal statements outlining the chronology of the relationship/marriage and how you have come to be in the UK.
Provided you do this you will be fine. It’s important to note thought that even if the time on your family permit expires, your status would not be at risk provided that you remain married to your wife. This is because your right to be in the UK derives directly from your marriage and not actually from the family permit/residence card. Therefore, there is technically no requirement for a non-eea family member to apply for a residence card, it’s just that it makes practical sense to do so so that you can continue to prove your right to work to employers easily and also to entry clearance officials if you leave the UK for a holiday and re-enter.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas and other Immigration Law Specialists are ready to help you