# Residence card for non EEA spouse refused



## J&JMama (Aug 8, 2014)

Hello I need an advice.... my non EEA husband request for the residence card has been refused because I, the EEA wife, apparently did not provide enough evidence of me being qualified for staying in th UK exercising treaty rights and that my pregnancy was not a reason sufficient for me not to work/look for work. To make a long story short I came to the UK pregnant, on early maternity leave from the employer back in my country, due to health problems and as we sent the request to the Home Office i was 7 months pregnant and in and out the UK hospital, still due to complications related to the pregnancy. We actually failed to explain well that I could not look/get work because of my health status. Now I have had the baby and I can finally register with the jobcentre and look for work since it seems impossible for me to be a housewife and my husband to work! My husband has been given the chance to make appeal. We have also understood that if the appeal is also refused, we can make another application. 

Questions are: 
-can we skip the appeal and make another application straight away, saving 140 quids?
- if I am register myself as jobseeker and attend the oral hearing for the appeal do you think we will have good chances to win it?
- how long will it take to the court to decide on the appeal and is my husband allowed to work in that timeframe?

Thanks in adance for any response you could give us


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## _shel (Mar 2, 2014)

Pregnant women can work you know and only need to legally have 2 weeks off work after having the baby that's what childcare is for. 

You must be excessing treaty rights for you to be eligible an application as a job seeker wouldn't work if you have not previously worked in the UK.


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## J&JMama (Aug 8, 2014)

First off, according to the LAW I am "excessing" my treaty rights if I am a jobseeker 

<quote> Under European law, EEA nationals can have a right to reside in a member state if
they do one of the following:
• work
• look for work (i.e. are a job seeker)
• study
• are self-employed 
<unquote<
Concerning the pregnancy, maybe you did not read carefully... As I said I came to the UK on early maternity leave from my Italian employer due to health conditions, PREGNANCY RELATED. After two kids born prematurely and with the csection, this pregnancy- absolutely not planned and not expected- was considered AT RISK. I spent 2 out of the first 3 months in bed and I almost had to have spinal surgery. When I finally joined my husband in september I was still not well and from october to january, when I delivered, I was in and out of the hospital for more than 8 times, for a total of more than a month.. Do you stilll think I could work? I know some women work up to their 8th month, if they are fit and well. That's not my case. As far as the maternity leave IN THE UK concerns, afraid you are not correct: You can choose how long you take off work for maternity leave, up to a maximum of 52 weeks. However, the law says that you MUST take at least two weeks immediately after the baby is born. If you work in a factory, you must take at least four weeks. Thank you for responding my questions NOT


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## fergie (Oct 4, 2010)

J&JMama said:


> Hello I need an advice.... my non EEA husband request for the residence card has been refused because I, the EEA wife, apparently did not provide enough evidence of me being qualified for staying in th UK exercising treaty rights and that my pregnancy was not a reason sufficient for me not to work/look for work. To make a long story short I came to the UK pregnant, on early maternity leave from the employer back in my country, due to health problems and as we sent the request to the Home Office i was 7 months pregnant and in and out the UK hospital, still due to complications related to the pregnancy. We actually failed to explain well that I could not look/get work because of my health status. Now I have had the baby and I can finally register with the jobcentre and look for work since it seems impossible for me to be a housewife and my husband to work! My husband has been given the chance to make appeal. We have also understood that if the appeal is also refused, we can make another application.
> 
> Questions are:
> -can we skip the appeal and make another application straight away, saving 140 quids?
> ...


I am sorry to hear of all the complications of your pregnancy, but the fact you arrived in UK already pregnant, and having left your work in Italy on early maternity leave, due to early complications of pregnancy,is proof enough that you had no intention of exercising your treaty rights by working in the UK. 
Home office was correct to refuse a visa for him.
Why the heck did you go to UK, relocating when you have dodgy pregnancies is not good for you or the baby, and perhaps you might have had more support from relatives in Italy, whilst having to stay in hospital.
You might have been better staying in Italy to have your baby, then using the Surinder Singh route to try to get a non EU husband into the UK, by you both proving you work in Italy first,and your centre of life is there, for at least 12 months.


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## _shel (Mar 2, 2014)

What EU Law says and how the British Government interpret it are different things dear. Its the same all of Europe with individual requirements demanded to obtain residence including in Italy. 

To the British Government you are prime example of an NHS/welfare tourist who doesnt meet the requirements for residency. 

I'm well aware of what you can have off work for maternity but their is no legal requirement to do so. The requirement is 2 weeks. Your maternity can only count if you are on maternity leave from work. Which you are not, you decided to be a stay at home mum before arriving in the UK aka not exercising treaty rights


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## _shel (Mar 2, 2014)

BTW how much are you being paid? http://www.expatforum.com/expats/britain-expat-forum-expats-living-uk/516706-kinda-complicated-case-eea-non-eea-spouse.html


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## J&JMama (Aug 8, 2014)

What i posted according treaty rights, "dear", comes from the uk government website so if their interpretation of what they post is a different thing altogether is thier problem, not mines...... Anyway, watch out your words! I am on maternity leave fully paid by my italian employer, i am not a welfare tourist nor a parasite on uk taxpayers shoulders, including my husband who is full time working for a uk employer! I am not on any benefit so know things before making such statements! I have moved my residency from italy to uk i do have a nhs card and my italian eihc card has been registered at the hospital where i give birth and i have been treated as uk resident and not a visotor. I did not decide to be a stay at home mom and i do not intend to be, even if my husband makes enough money for me to be home! . As far ar the surinder singh route concerns, it applies only to family members of british citizens and clearly i am not one, duh! If you can't respond to the three questions i posted, please spare your time and mines with unnecessary comments not related to my questions. If i could have stayed in my country to live, work and have the baby i would have done it. Thanks


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## J&JMama (Aug 8, 2014)

Maternity leave in italy is not a joke like in the uk, kmt. Early maternity due to health probs is the 80% of the monthly salary and it goes from the 3rd month to the 7th . From the 8th to the 3rd month after giving birth is paid 100% of the monthly salary.


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## ALKB (Jan 20, 2012)

J&JMama said:


> Maternity leave in italy is not a joke like in the uk, kmt. Early maternity due to health probs is the 80% of the monthly salary and it goes from the 3rd month to the 7th . From the 8th to the 3rd month after giving birth is paid 100% of the monthly salary.


Giving complete information helps, snapping at people who are trying to help, not.

Anyhow.

On which basis did you make the residence card application?

Did you provide proof of your husband's salary and of your maternity leave income from your Italian employer to apply as self-sufficient? 

If you applied as a jobseeker while on medical maternity leave - meaning that you effectively cannot look for a job - the residence card was probably correctly refused. Also, applications as a jobseeker after 90 days of arrival are usually not accepted as far as I know.

I'd recommend to address the refusal reasons and re-apply. An appeal will just take ages.


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## _shel (Mar 2, 2014)

J&JMama said:


> Maternity leave in italy is not a joke like in the uk, kmt. Early maternity due to health probs is the 80% of the monthly salary and it goes from the 3rd month to the 7th . From the 8th to the 3rd month after giving birth is paid 100% of the monthly salary.


 Who cares what maternity in italy is. This is the UK, your pay or leave in Italy does not constitute exercising treaty rights in the UK. You need to be earning in the UK or did that part escaoe you? 

You have been using NHS services have you not without being a resident whilst abusing the EHIC because nor are you a visitor. If you have failed to exercise treaty rights within 3 months you are not a resident and can in fact be asked to leave aka burden on the state. 

If you wish to be seen as self sufficient you need to have health insurance not sponge off the NHS. 

If you could have stayed you would have stayed in Italy. Mafia after you or something else so pressing that made you flee across Europe pregnant and ill?


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## Crawford (Jan 23, 2011)

J&JMama said:


> employer[/u], i am not a welfare tourist nor a parasite on uk taxpayers shoulders, including my husband who is full time working for a uk employer! I


How is your non EEA husband working full time for a UK employer? 

He does not have a residency card and as a non EEA person he would need a work visa to work - and if he had that he would not need the residency card.

Also, from your earlier posts it appears you arrived in the UK after your husband.

Am I missing something here.


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## ALKB (Jan 20, 2012)

Crawford said:


> How is your non EEA husband working full time for a UK employer?
> 
> He does not have a residency card and as a non EEA person he would need a work visa to work - and if he had that he would not need the residency card.
> 
> ...


He can work on his EEA family permit.

While she should live with him the entire time while he is in the UK, going back to her home country for a visit or tying up loose ends is allowed (and probably hard to prove otherwise, I don't think HO will look into all her comings end goings, especially since exit controls haven't been fully established, yet).


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