Mr Lookforward

Thanks very much for your answer. I will try to fill in the AN form following your valuable advice.

I also wanted to ask you, at the moment I am working in the care sector but my boss has told me that he will finish my employment unless I renew my visa, I mean the Residence Card sticker on my passport which expires the first week of October 2013.

I have explained to him that as a spouse of an EEA national that has been exercising Treaty rights in uk continuously for 5 years, I acquired automatically Permanent Residence in Nov 2012 (I arrived here in Nov 2007) and I do not have to apply for PR (EEA4) as it's not compulsory but he won't listen.

What do I do? He even refused to read what I had printed out from UKBA about EEA nationals and their non EEA spouses right of residency in Uk after 5 years.

if he sacks me, can I sue him? I do not want to lose my job, please advise me. You seem to be very knowledgeable about immigration matters.

No, you cannot sue him at all. He is well within his rights to sack you, or should I say, he is obliged to sack you.

It is your headache to prove to him that you have right to work, by showing an endorsement in your passport, or a status letter issued to you by UKBA.

As an employer, how is he supposed to know that you have really gained PR?
Maybe your spouse never exercised treaty rights, maybe your spouse has left UK, maybe you got residence card by sham marriage, how is he supposed to know?

Employers are only obliged to check the documents as mentioned by UKBA in their guidance to employers. Beyond that, its not their headache. It was your headache that when you gained PR, you should have asked UKBA for confirmation by filling for eea4.

If you employer does not accept your explanations, then I am afraid there is nothing you can do.


regards

Dear Mr Look forward could you please advise me whether or not I meet the new KOLL requirement?

 I have a  "University of Cambridge First Certificate in English, grade B. I took this test in 1996 when I first came to UK as a student.

I also hold this University of Cambridge ESOL Skills for Life(Entry level 3)
in Speaking and Listening 
Writing
Reading 
I achieved an exceptional level in all of them.

On the same year, I did a Literacy and Numeracy course and I achieved this "City & Guilds Level 2 Certificate in Adult Literacy and Numeracy" which is the highest level and hasn't got an expiry date.

So can the above certificates be enough to satisfy the new Koll requirement after the 28th October or do I need to provide something else? please help. Thanks

 

I am a Non EEA who has been married to an EEA national since Sept 2007.

I arrived in Uk in Nov 2007 with a Family Permit valid for 6 months.

I applied for a Residence Card (EEA 2 form) and got it in Oct 2008 valid until Oct 2013. I do not want to apply for PR (EEA 4).

My EEA spouse has been in full employment since Nov 2005 in Uk and got his Permanent Residence Card (EEA 3 form) in March 2011.

He applied for Naturalisation as BC a few months ago and this has just been granted.

I want to apply for Naturalisation as BC as well so,

a) Do I wait until Nov 2013 to complete the 6 years of residency under EU law ( 5 yrs with RC and 1 yr holding Permanent Residence) or

b) Can I apply right now that I have become the spouse of a British citizen, under British Law?

Which law applies to me now? EU Law or British Law or both?

Also, in the AN form:

it says “Partner’s nationality” so do I put British, or Polish or both?

Also, “absences from Uk” do I dive details for the last 3 years as spouse of BC, or 5 years as spouse of EEA national?

Page 8, “EEA nationals exercising EC treaty Rights” do I have to fill in all that section or skip that?

Can someone help me with it please? Thanks