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✎ EN EEA 2 application rejected!
    

Discussion in 'Immigration UK' started by untame274, Jun 2, 2008.

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  1. untame274

    untame274 Member

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    Hi, I am making this short but informative and hope someone has some advice perhaps. 1. I applied for a EEA2 based on myself(non-eea) working for th elast 10 mths on an family permit and whilst the application was being processed as it does say the EU national is abel to work while this process is on. 2. I applied in Nov 15 and got a reply within 2 weeks ack with ref no. 3. Then in May1 2008 I called to find out the status and was told in the process. 4. I recieved a letter stating for me to provide payslips for my wife and letter form employer. Also it did mention if being self employed need proof in business etc,or as a student the location,school,funds etc. If retired show funds available and aslo private insurance!!. 5. I got a call from the case worker on my case who was not at all friendly very discouraging who told me my wife(EU) citizen is not excersizing her treaty and she should be working full time or parttime,provide 2 mths pay slips,bank stetements. 6. I can't work since the application is rejected and I said technically I can as it does not say on the web page in order for me to work my wife (eu) national has to work in order for me to continue. Any advice is helpful
     
    #1 untame274, Jun 2, 2008
  2. Plum70

    Plum70 Well-Known Member

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    Untame, i am sorry to read of your predicament.

    One thing though, is your eea spouse not exercising any treaty rights? When you filled the application form did you state that you were the sponsor and provide your payslips, bank statements e.t.c?
     
    #2 Plum70, Jun 2, 2008
  3. thsths

    thsths Addicted member

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    Since they moved processing to Liverpool, they really seem to have a lot of caseworkers who do not know what they are doing. When your situation is taken into considerations, both incomes count. So even if your wife is not working, as long as you earn enough for both of you, that is ok.

    Now technically there is the question whether your wife is "working" or "self sufficient". Since she is not working, but she has sufficient income, I would probably argue for self sufficient. But this is really a technicality. The main point is that you are not depending on public funds (benefits).

    So has your application been rejected? If so, you have to find out the reason, and you will have to counter that reason (and that reason only). You may want to get a solicitor for this.

    Tom
     
    #3 thsths, Jun 2, 2008
  4. untame274

    untame274 Member

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    response to rejection!

    Yes, I did specify that I am the sponsor of my wife(Eu) citizen. The lady over the phone even told me I think you are forcing your wife to work because I mentioned I am going to ask her to work. I said I am married 13 yrs not just 4 yrs or 4 mths so no need to force my wife to work, I thought that was an arrogant remark from a case officer. Anyway I did get in touch with a solictor on immigration and was advised to counter to that and get my wife to find parttime or full time work wether 1 hr or 2 hrs etc. register with a job centre , and only when they ask for proof of identification then get the wife to produce it and take the job offer adn register for the NI card as well. And while this process is going on make sure the correspondence is in continuity as if there is no continuation they can tell me to leave. So tomorrow whiel I am in the midst of getting a new contract I am taking my wife to register and got her cv updated and am taking any job.. simply being according to the solictor excersing means in the legal context, 1.look for a job 2. be student showing funds,registration and 3. If retired,show funds,private insurance. So when I have her get her 1st job I am writing back t them saying she has a job,NI and is now excercising her rights which means EEA1 needs to be filled... So I am going down that track and will se what the outcome is.. I think the case worker is making it difficult for us... Anyway..
     
    #4 untame274, Jun 2, 2008
  5. manubaba83

    manubaba83 Active Member

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    Re: response to rejection!

    Mate did you apply for FMRS before?

    Have you got any other visa on your passport?

    which country are you from?

    Thanks

    Manish
     
    #5 manubaba83, Jun 4, 2008
  6. ray247

    ray247 Member

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    Re: response to rejection!

    That's pointless, although he has already indicated he had family permit when he applied for his Residence Card but it is not a requirement under Council directive 2004/38/EC. For me, the best course of action will be for him to apply for a medical insurance for his family except him because he is working and contributing towards his NI. Hsa.co.uk is good because he can do it online and usually get the certificate withing 10 working days and send it to the the BARMY caseworker and at the same time look for a part time job for his spouse. That way he will be preserving his right of residence and as soon as his spouse finds a job, cancel the medical insurance direct debit and send the evidence of the employment to the caseworker without the need to fill out EEA1 application form. EASY!
    Should the BARMY caseworker decides to refuse the application before
    his spouse finds a job, he shouldn't panic he will be given a right of appeal. Contend the decision and a date will be fixed in advance, by the court hearing, his spouse will have gotten a job if he try hard. Take the evidence of employment to court and I bet the learned JUDGE will allow his appeal and order Jacqui Smith staff to issue him with the confirmation. EASY! Because there is a case law that gives the tribunal the legal right to accept POST DECISION evidence.There is no need to submit EEA1 form as he intends to do as that may prolong the decision or confuse the caseworker the more as she is already confused! Regarding what the caseworker said about his right to work if the application is refused is untrue. He will continue to have right of residence until all appeal rights are exusted which obviously he has not. So dude, be pro-active and you will have the last laugh. Good luck! :lol:
     
    #6 ray247, Jun 4, 2008
  7. untame274

    untame274 Member

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    response

    Folks, Thanks for all the info very informative. I hold a malaysian passport and I get 6 mths without a visa. After which you need to apply for a longer stay. FMRS no I didn't go down that route. I was @ jobcentre with my wife looking for work for her parttime when the daughter is @school. Nothing yet but I have got the NI ref no,and my bank statements which I will send before Tuesday next wether my wife gets a job so that it is responded to within 10 days when I called the case worker today,tried to get an answer from her but it was stone cold. I called the enquuiry section and explained my circumstances and this worker said that should be fine except each case worker makes their own mind up. So anyway will see what happens soon.. The only consolation is both my wife and daughter are EU citizens so just myself...
     
    #7 untame274, Jun 4, 2008
  8. manubaba83

    manubaba83 Active Member

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    Re: response

    Hi mate one question, how you get a family permit? was it 6 months duration?

    tc
     
    #8 manubaba83, Jun 6, 2008
  9. untame274

    untame274 Member

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    family permit

    Yes, I got 6 mths as family permit.
     
    #9 untame274, Jun 6, 2008
  10. Njangah

    Njangah Member

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    COA request.

    Hi there,

    Can someone really tell me what HO is up to?I have been waiting for close to six weeks no respond from HO.I am actually grounded with no legal framework.I dont have anything doing but to sit and check my post box every second.
    I need some advice,please.

    Cheers.
     
    #10 Njangah, Jun 6, 2008
  11. Plum70

    Plum70 Well-Known Member

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    Hey Njangah, what sort of documentation are you waiting for? If an EEA residence card, when did you apply and have you gotten your COA?
     
    #11 Plum70, Jun 7, 2008
  12. Njangah

    Njangah Member

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    EEA2,waiting for COA

    Hi Plum07,

    I applied for EEA2 residency card, sent my application on the 29.04.2008 and tracked the mail and saw that it was delivered on the 30.04.2008 ,even called and was confirmed the application came in but has not been recorded into the system.My EEA permit got expired May ending,i have been grounded since then.
    Please, sort me out of this mess.

    Cheers.
     
    #12 Njangah, Jun 7, 2008
  13. Plum70

    Plum70 Well-Known Member

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    Re: EEA2,waiting for COA

    Any luck with the HO this week?
     
    #13 Plum70, Jun 10, 2008
  14. untame274

    untame274 Member

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    reply

    I have posted my bank statements,wife(EU) NI application,2 emails confirming application is made actively!! seeking work. Just got 2 interviews for work my wife 25 hrs a week tomorrow,need to be at NI for application but requested wife(EU) passport back for ID as all employers and also the NI need passport for ID. Will have to wait the 2 mths for pay slips as here it is mthly. Now just waiting for a response from HO....
     
    #14 untame274, Jun 10, 2008
  15. Njangah

    Njangah Member

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    Re: EEA2,waiting for COA

    Hi Plim70,

    So far no word from HO as yet.I dont know what they are up to.
     
    #15 Njangah, Jun 10, 2008
  16. Plum70

    Plum70 Well-Known Member

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    Re: reply

    Untame, having sent those off I reckon you should get your residence card in about 3 weeks. That the HO requested them means that a case worker is already working on your application. :D
     
    #16 Plum70, Jun 10, 2008
  17. Plum70

    Plum70 Well-Known Member

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    Re: EEA2,waiting for COA


    They are working but at snail's groove. How long has your application taken now? 6 1/2 months? A guy in another forum contacted the HO in Liverpool after 6 months had elapsed (stating the obvious) and they apologised and assured him that a Snr case worker will be closing off his application in 20 days.

    You may want to try Liverpool again...
     
    #17 Plum70, Jun 10, 2008
  18. Plum70

    Plum70 Well-Known Member

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    #18 Plum70, Jun 11, 2008
  19. untame274

    untame274 Member

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    Plum70..

    Plum, if you say 3 weeks you sound very confident... I just can't stand the HO case workers when you try to explain a set of rules and they keep harping look at the web page. Hopefully I mean they do as you say in 3 weeks which will be a real consolation as now potential employers has said they want proof!! even producing the letter I have from HO is proving to be difficult as well as job consultants. Anyway hope for some good news.
     
    #19 untame274, Jun 11, 2008
  20. Plum70

    Plum70 Well-Known Member

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    Re: Plum70..

    I am more hopeful than confident! But from what I have read elsewhere it does take about that time.

    Let us all know when the good news pops through your postbox ok?

    Cheers
     
    #20 Plum70, Jun 17, 2008
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