Bad Experience Coming back after Christmas without UK Resident Card

If your EEA citizen is still exercising treaty rights, then you, as their non EEA family member, are still allowed to work* as your RC remains valid. RCs become invalid when their EEA citizen ceases to exercise treaty rights and they lose their right to reside for themselves and all their family members. Send proof your wife is still and has been, exercising her treaty rights as a quallified person**, which then allowed you to work. What you were doing does not count as you are not an EEA citizen and your right to reside in the UK is based soley on what your EEA citizen is doing.

Illegal working is being made a crime hence the jail sentence for the worker and being allowed to seize the proceeds of that crime, and the up to 2 years in jail for the employer if they can't prove they took steps to see if that person was allowed to work. Since 2010 the UK has been exercisng their rights under EU laws to deport EEA citizens and their family members if the EEA citizen no longer has a right to reside in the UK. They aren't bothered about any other problems: keep it short. They just want proof you can work in the UK and that will be that your wife is being a qualifed person under treaty rights.

*The EU have offered changes for the UK. One of which is about non-EEA family members.

** Qualified Person =
Worker.
Job Seeker (with dates, as it is now for limited time only in the UK)
Student with proof of of Comprehensive Sicknesss Insurance for themselves and all the family members. Haven't had UK benefits.
Self Sufficient with proof they had savings and proof of of Comprehensive Sicknesss Insurance for themselves and all the family members. Haven't had UK benefits.

Please note that I am residing in the UK as a spouse of an EEA National (Norwegian) who is exercising her European rights as a full time employee for a UK company.

You're right to not ignore it.

Send them that proof that she is an EEA citizen who has been exercising her treaty rights of free movement in the UK, as a Worker Qualified Person. Also give them her NINo and refer to HMRCs RTI system, and enclose her (not your) payslips. Enclose details of your RC too. Ask what other details they require to prove your EEA citizen wife has been, and still is, a worker qualified person under treaty rights. 

They don't need to know or want proof of what you, the non-EU family member, is doing as that is not proof that you are allowed to work or be in the UK. They already know you have been working in the UK and they want proof you are allowed to work and proof that have a right to be in the UK. It's only your EEA spouse exercising her treaty rights as a Qualifed Person that allows you to reside and be allowed to work in the UK and that is what they will need proof of. Nor do they need to know what EEA laws are, or that Norway is part of the EEA.

 
The RC (under EEA rules) is totally different to having a UK spouse visa as once they are in, they are in, regardless of what their UK spouse is doing. Whereas the EEA citizen must remain a qualified person at all times to have right to reside in the UK with their family members. Their  family members right to reside and work in the UK, is based soley on their EEA citizen remaining a qualified person under EU treaty rights in the UK at all times (these differ from EEA country to EEA country). This is why it is very important for EEA nationals in the UK to keep up to date with any changes the UK make to what an EEA qualified person, to contiune to be able to live in the UK; and the UK makes a lot of changes to free movement.

Vicky will let you know if what you at doing is the right step or not at no cost.  She's fabulous.   

Vicky will let you know if what you at doing is the right step or not at no cost.  She's fabulous.   

Then she should be able to give the correct wording in the reply letter.

Adding: I can see why good ones charge so much as it's not easy keeping up with the reading of the constant immigration changes.

Friday morning I received a reply already from the Interventions & Sanctions Directorate. It was a very short email and it said:

Mr XXXXXX,

I refer to your below email, the contents of which has been noted.

Following a further review of your case it has been decided not to revoke your driving licence under Section 99 (3ZA) of the Road Traffic Act 1988 at this time.  This decision may be reviewed at a later stage.

We appreciate your assistance in this matter.

Kind Regards

Interventions & Sanctions Directorate
17th Floor
Lunar House
40 Wellesley Road
Croydon, CR9 2BY

            -   Immigration Enforcement

So, a very short and "sweet" reply. After sending the email the night before, an automated response comes saying that the inbox is manned between the hours of 9am and 5pm Monday through Friday. I received the reply Friday morning at 9:39am. So, it took them 39 minutes (assuming someone read it exactly at 9am) to read the email, review my case and reply.

Anyone with experience at reading between the lines tell me what this could mean? Perhaps they realised that someone has made a mistake on my case? 39 minutes must be some sort of Home Office record. :-)

After I read the email and breathed a small sigh of relief and wrote them back again. I said:

Dear Interventions & Sanctions Directorate,


Thank you for your prompt reply. I appreciate it.

May I ask how you came to the conclusion I was in the UK illegally and which "evidence" shows that I was?

From my angle a simple check would have shown that I here under European law and that my uk residence card is currently being processed.

It seems that in order to reach the point where I was sent this letter one would assume that several other steps along the way took place, which clearly have been skipped and therefore someone seems to have jumped to a conclusion based on faulty information.

In other words, this situation seems quite bizarre and surreal for me, so any clarity you can give would be most helpful.

Kind regards,

 Xxxxxx Xxxxxx


To be honest, I won't be surprised if they don't reply to this one. :-) However, is there a way to go about finding out the details as to why they sent me the letter in the first place? Perhaps a freedom of information request?

In addition, when I returned home from work yesterday, there was another letter from the Home Office, but this time it was the biometrics letter. Yeah! So, today (Sat) I went and got that done, there's no way I was going to dilly dally!

So a confusing two days. How in blazes name can I receive a letter like the one from the communist sounding Interventions & Sanctions Directorate one day and then the next day receive instructions to do my biometrics??? Strangeness.

It's all very bizarre!

Biometrics mean nothing though.  As soon as your application is picked up, they trigger the biometrics letter.  It doesn't mean they've 'vetted' your application in any way, just that payment has been received.   

The RC means nothing too as it become invalid if their EEA citizen stops being a qualified person under treaty rights. Since they brought in illegal working being a crime, I guess they will tighten up on checking who is working in the UK as a dependant as they don't know if they are working when they are not allowed to work anymore?

Part of me wonders if this is anything to do with what the EU has offered the UK to make them vote to stay in the EU/EEA? Either the, no bringing in non-EEA citizens with them, or the deporting of those in the UK via EU rules, who commit a crime or who has already commited a crime in any country? Another part of me thinks this is too soon to be starting on that.

Just a little update... Yesterday (Friday 19 February) I received my Certificate of Application from the Home Office. So, another step completed towards my goal of getting a 2nd residence card.

I do find the letter interesting. It is worded in such a way that makes the reader/recipient think that the residence card is a visa (it is not) and that permission to work and live in the United Kingdom is contingent on being approved for the residence card. (this is not necessarily the case). In other words, one is fooled into thinking that regular UK immigration regulations are at work and no mention of European law is mentioned in the letter.

I still have not received a reply to my 2nd email (7 days ago) to the Interventions and Sanctions Directorate even though they send an automated reply after you send them an email:

 This is an automated response.

This mailbox is monitored from 9am to 5pm Monday to Friday. We will respond to all enquiries received within 3 working days

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So I wrote them yesterday (Friday, 19 February): 

Dear Interventions & Sanctions Directorate,

It has now been over 5 business days since I sent you my last email. In your automated reply, you said you would reply within 3. Is there a reason why I did not receive one? In case that email was lost, please find it again in this email below.

I look forward to your reply.

Kind regards,

Jeremiah (Jeremy) Castle

I then copied and pasted the email I send them the week before (which can be found on this thread) Looking forward to their email.

I do find the letter interesting. It is worded in such a way that makes the reader/recipient think that the residence card is a visa (it is not) and that permission to work and live in the United Kingdom is contingent on being approved for the residence card. (this is not necessarily the case). In other words, one is fooled into thinking that regular UK immigration regulations are at work and no mention of European law is mentioned in the letter.

It won't matter now as it seems that is all ending under one of the things the EU has offered the UK.

"And an end to the ridiculous situation where EU nationals can avoid British immigration rules when bringing their families from outside the EU."

https://www.gov.uk/government/speeches/pms-statement-following-european-council-meeting-19-february-2016

Which looks like this will mean it will also affect those British citizens trying to avoid UK immigration rules, paying for visas and the IHS, by using the Singh rule.

"And an end to the ridiculous situation where EU nationals can avoid British immigration rules when bringing their families from outside the EU."

I wondered if I had actually heard that and when someone was going to bring it up!

I wondered if I had actually heard that and when someone was going to bring it up!

I brought it up a few posts back in this thread, as we knew that was already offered by the EU to the UK at the start of the negotiations. That and deporting foreign nationals who have commited a crime and are using EU laws to be in the UK. From what I have read on other forums, some are concerned that the EU said that can be for any crime, even if the crime was committed in another country and even if they aren't a danger to the UK. I havent read it myself.

I am not so sure. The pertinent text in "The Deal":

In accordance with Union law, Member States are able to take action to prevent abuse of rights or fraud, such as the presentation of forged documents, and address cases of contracting or maintaining marriages of convenience with third country nationals for the purpose of making use of free movement as a route for regularising unlawful stay in a Member State or address cases of making use of free movement as a route for bypassing national immigration rules applying to third country nationals.

These situations do not fall under the "new" part of the deal, but under the heading "Interpretation of current EU rules". So it may be assumed that while these areas can/will be re-examined, the powers of the Treaties, and the supporting/clarrifying case law are still in effect.

I don't know that much will change given that these items do not change the Treaties or case law.

Full text:

http://uk.reuters.com/article/uk-britain-eu-factbox-idUKKCN0VS2SH

And this morning, I received a reply. All it said was:

Mr Castle
 
Thank you for your email the contents of which has been noted.
 
Kind Regards
 
 
Interventions & Sanctions Directorate
17th Floor
Lunar House
40 Wellesley Road
Croydon, CR9 2BY
                               -   Immigration Enforcement

Not sure if that is all they're going to say.I hope not. This whole subsection of the Home Office seems quite mysterious and not much comes up when you google them.

It won't matter now as it seems that is all ending under one of the things the EU has offered the UK.

"And an end to the ridiculous situation where EU nationals can avoid British immigration rules when bringing their families from outside the EU."

https://www.gov.uk/government/speeches/pms-statement-following-european-council-meeting-19-february-2016

Which looks like this will mean it will also affect those British citizens trying to avoid UK immigration rules, paying for visas and the IHS, by using the Singh rule.

I find it a bit humorous Sirius that you've kinda turned my thread into a UK vs EU discussion. :-)

This whole subsection of the Home Office seems quite mysterious and not much comes up when you google them.

Not a user-friendly name. Nobdody's getting a balloon or lollipop at the Interventions & Sanctions Directorate.