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Ask A. Valcke Your Own Question
A. Valcke
A. Valcke, Solicitor
Category: UK Immigration Law
Satisfied Customers: 740
Experience:  14+ years of experience // LL.B., Maîtrise en Droit, Masters in EU Law, Pg.Dip.L.P.
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I am an Irish citizen and my wife is from Peru we married

Resolved Question:

I am an Irish citizen and my wife is from Peru
we married in Thailand 1 year ago and got an eu family permit for her to come here UK
All ok

We send in a eea2 application for a residence card for her and the application was with the Liverpool office for 6 months I send before an online print out from my tax return i filed as an self employed courier and because I am earning less than 15000 and some capital was put in £ no tax was required to pay so u through this would be ok

We got a letter from Liverpool a few weeks ago requesting proof of earnings and national insurance contributions from myself original copies.

Our plans changed and we want to go to Peru for a holiday. I send in a withdrawn notice and request for return of documents.

We got all the documents back except my wife’s passport and they say she must voluntary leave a voluntary deportation collecting her passport at the airport or put another application with the documents

We really want to travel to Peru in the next few weeks without delay and just get another eu family permit I will have time to get the original documents by then on just online printout.

SO questions

How much do I need to be earning and how much national insurance contributions need to be paid? For the application

Is it ok to voluntary depart at this point in terms of her coming back to the uk?

Is it better to cancel the trip and put the application in again now.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  A. Valcke replied 5 years ago.

Thank you for your question.

I would highly recommend that you give serious consideration to cancelling your trip and proceed with the application.

If your wife was asked to sign a voluntary removal notice, this will cause her delays when applying for an entry permit to return to the UK.

I would therefore suggest that you consider submitting a new application.

Under the EU rules on residence there is no specific income or level of NICs to be paid. You must show that you are registered as a self-employed person with HMRC. You should include copies of all documents relating to your tax and NIC affairs to show you are exempted.

I hope this answers your question. Please don't forget to click accept. Thank you.

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