American student/Norwegian student/worker: EEA FM CR ???s

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Tesolprof
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Joined: Tue Feb 02, 2016 5:22 pm

American student/Norwegian student/worker: EEA FM CR ???s

Post by Tesolprof » Wed Feb 03, 2016 7:59 am

Hello,

I (American, 24, ending Tier 4 student visa, Feb. 26-having been here since August 2013) married my partner (Norwegian/20, worker/student-exercising her treaty rights) on December 30, 2015. We met about two years ago through our mutual schoolmates, and have been in a relationship for almost two years. We had about 20 friends at our wedding, including my mother (who flew in from the US) and brother, attending school here as well, and our maid of honor (flew in from Norway). We took lots of pictures.

We are trying to do the EEA FM papers on our own because the solicitors are out of our budget. I would appreciate any guidance as I have been unable to get the correct information. A little background follows:

We have our flat mate's tenancy agreement (her parents own the flat and we both live there) and my wife (Norwegian) works almost full time, as well as attends school full time. I only work one night a week, and have had permission to work, according to my visa.

We both receive mail at the flat, and have wedding cards addressed to both of us, and our individual mail. But we don't have shared utility expenses to show. (We do have the flat agreement, and I can show paying the rent every month out of my bank account--but should I show any accounts if my sponsor is not the one making the rent payments?)

I graduated with my master's in November, and as mentioned, I am here legally until my visa's expiration (26/2/16)

1. As a non-EU, EEA person, am I obliged to submit my Residency application before my Student visa expires, or am I already legal because I married my EEA wife?

2. The application is 91 pages (trying to only complete the part that applies to us.) Should we show that my wife, the EEA sponsor, works as well as studies? Or is it easier to just say she is a worker, and have her employer fill out the paper ?(it looks easier to just show that she works because then we don't have to show bank funds for her studies, and have uni tutors etc. sign the school papers-a lot more paperwork.)

3. Should she be applying to register herself as well? Does she need to, or is it in her best interest to apply? It looks like the same paperwork, but we can't tell if she should or not. It is an extra 65 pounds that we don't want to pay if she doesn't need it.

4. As a student I did not have to have special sickness insurance. (My brother had to pay for it with the new laws, because his tier four student visa application was just recent.) I do not know what kind of insurance my wife has, but I know she has it and has been hospitalized a few times (it could be from her EU insurance, which I understand means is just temporary.) I have to check.

Should we buy private insurance so she and I are both covered, or am I covered by her insurance as a EEA family member (and she is a worker, and student here)? I believe I need to submit proof of coverage to show I will not be trying to receive state support. Is this a correct assumption? (Any recommendations for insurance would be appreciated.)

5. We both have our own student loans and funding for school, and we both have our respective family support, so do not plan on sharing bank accounts unless it is absolutely necessary. So we won't be able to show a joint account. Do we need to have one?

6. Does she, and/or I, need to write letters describing our relationship, etc? If so, what is the main point that we should be trying to make?

7. What are the most important supporting documents I should supply with the application for a residency card? I know we are very young, but are very serious about our relationship. We are hoping that being from Norway and the US (both desirable countries as far as living goes) that things will go smoothly and I will get a RC so I can start working full time. Applying for the marriage was a really good, smooth experience, and the wedding was amazing. Even the woman officiating cried when our friend played a wedding song on the guitar.

Thank you so much for any insights!
Cheers for young, international love :D

martyn
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Location: Nuneaton

Re: American student/Norwegian student/worker: EEA FM CR ???

Post by martyn » Wed Feb 03, 2016 4:48 pm

1. As a non-EU, EEA person, am I obliged to submit my Residency application before my Student visa expires, or am I already legal because I married my EEA wife?
Your immigration status changed the moment you married your wife. Your student visa isn’t really relevant now.
2. The application is 91 pages (trying to only complete the part that applies to us.) Should we show that my wife, the EEA sponsor, works as well as studies? Or is it easier to just say she is a worker, and have her employer fill out the paper ?(it looks easier to just show that she works because then we don't have to show bank funds for her studies, and have uni tutors etc. sign the school papers-a lot more paperwork.)
You need to focus on the fact your wife is exercising treaty rights by working – there are odd requirements for ‘compressive medical cover’ if you are a student which cause problems as you can’t get that in the UK because we have the NHS.
3. Should she be applying to register herself as well? Does she need to, or is it in her best interest to apply? It looks like the same paperwork, but we can't tell if she should or not. It is an extra 65 pounds that we don't want to pay if she doesn't need it.
It is a good idea to do it and you can submit the applications together and cross reference them. In order for you to be eligible you need to demonstrate that she is exercising treaty rights and completing the application for the registration certificate will tell you what you need to do to demonstrate that. I have come across a number of cases where applications were rejected because people focused on the non-EU applicant and failed to prove (to the satisfaction of the Home Office) that their EU partner was exercising treaty rights.
4. As a student I did not have to have special sickness insurance. (My brother had to pay for it with the new laws, because his tier four student visa application was just recent.) I do not know what kind of insurance my wife has, but I know she has it and has been hospitalized a few times (it could be from her EU insurance, which I understand means is just temporary.) I have to check.

Should we buy private insurance so she and I are both covered, or am I covered by her insurance as a EEA family member (and she is a worker, and student here)? I believe I need to submit proof of coverage to show I will not be trying to receive state support. Is this a correct assumption? (Any recommendations for insurance would be appreciated.)
See my answer above. If she is exercising treaty rights through working she doesn’t need it, and neither do you, but if she is exercising treaty rights it through being a student she does need it and so do you.
5. We both have our own student loans and funding for school, and we both have our respective family support, so do not plan on sharing bank accounts unless it is absolutely necessary. So we won't be able to show a joint account. Do we need to have one?
It is not a requirement.
6. Does she, and/or I, need to write letters describing our relationship, etc? If so, what is the main point that we should be trying to make?
You only need to provide the documentation they ask for. You can add additional documentation and evidence but your application can't be rejected because you didn't provide it.
7. What are the most important supporting documents I should supply with the application for a residency card? I know we are very young, but are very serious about our relationship. We are hoping that being from Norway and the US (both desirable countries as far as living goes) that things will go smoothly and I will get a RC so I can start working full time. Applying for the marriage was a really good, smooth experience, and the wedding was amazing. Even the woman officiating cried when our friend played a wedding song on the guitar.
They list all the documents you need to provide and you must provide them. Failure to provide any of them would be grounds for rejection. With EU applications they have very little opportunity to reject you and so will concentrate on the minutiae. Note that a rejection doesn’t make you illegal because your status as the spouse of an EU citizen is determined buy your marriage certificate, and under EU immigration rules an EU citizen has an absolute right to have their spouse with them when exercising treaty rights in another EU country.

You might like to attend one of the monthly partnership meetings and discuss this with the volunteer solicitors and other couples in similar circumstances. The solicitous will also be able to answer any other questions you have and will be up-to-date with the latest practices and procedures of the Home Office. Meeting details here: http://uklgig.org.uk/?page_id=80#partnership-meetings
Any responses on this forum represent the opinion of the writer only
If you need legal advice, see http://uklgig.org.uk/?page_id=100 for a list of solicitors

Tesolprof
Posts: 2
Joined: Tue Feb 02, 2016 5:22 pm

Re: American student/Norwegian student/worker: EEA FM CR ???

Post by Tesolprof » Wed Feb 03, 2016 7:16 pm

Thank you sincerely for your responses.

So to clarify:

We will both complete the applications, CR for me, (as EEA FM) and she will apply for registration as an EEA person exercising her treaty rights as a worker, and not as student (it is only a Foundation course anyway.) That will eliminate an extra few documents for banking and proof of funding, and the problem of insurance. (So we skip the school part entirely.)

Re the insurance issue again, we don't need to buy any extra insurance because she is working and I qualify because I am married to her? (I have seen on this forum married people saying they were denied the CR because they did not have additional private insurance, and that we have to show evidence that we are not going to rely on the government for funding.)

For documents, we just need to show our tenancy agreement, (utilities and CT are covered by the owner), passports, marriage license, pictures of wedding, letters and other correspondence to both of us at the same address, but not individual letters written to HO by us covering our relationship, etc? I saw on another LGBT website that we each need to include a letter talking about how we met, what we mean to each other, etc.)

Bless you, bless you for this forum. I have been trying to get information for months, and either the cost is above our heads, or we get differing answers.

We will try to attend the meetings but I have all day Saturday rehearsals. Are there any other partnership meetings in London?

Thank you again...big hug from both of us.
Steb

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