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✎ EN EEA 2 application rejected!
    

Discussion dans 'Immigration UK' démarrée par untame274, 2 Juin 2008.

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  1. untame274

    untame274 Member

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    reply from caseworker

    1.Got both pasports back. 2. A lettr form home office saying i have 14 days to respond to 1. provide payslips from march to may 2008-I have not been working since now. 2. Bank statments showing proof of salary- which i have given from sept 2007-march 2008 in my name 3. a letter form my employer saying date of employment and when starting from-( aim unemployed now looking for new job). 4.documentary evidence of eea from nov 2007 till now (how is she excercising her treaty rights?). If no reply is availabel within 14 days this application will be refused on insufficent evidence. Also said advisable to retract the application and reapply when we have all the documentation. I gave it some thought and also spoke to my wife and I think once she finds a job(parttime) as my daughter needs to go to school and hopefully I find one soon as finance is just about dried up, then apply using eea1,eea2. My worry is once i write to retract the application am i allowed to work? would they check if i was still in employment? How can I work? How do i prove to a employer i can work as this would then prove to be difficult as i have a the moment with employers as they want the appoval in writing.. I tried my solicitor haven't spoken to him yet. Any advice as to retract the existing application and then reapply for eea1 and eea2 once spouse has 2 or 3 mths payslips and maybe i have work then... I am open to any suggestions here....
     
    #21 untame274, 26 Juin 2008
  2. untame274

    untame274 Member

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    check with solictor

    I finally checked with my solicitor and he said if i do retract within 14 days and make fresh application this might suggest they are giving me window to make a fresh application. The only issue with that is being a malaysian citizen(third world) they can turn around and say no you don't have rights to do that. The solictor also says that could imply that they are giving you an opportunity to resubmit once all the proper docs are available like payslips, bank statements etc and say you need 6 mths to get this which means in the meantime you are allowed to work and continue till that info is available and then reapply. He is going to check wether this is for certain as an appeal if refused acording to him takes a lot time, you need a proff solictor, money and it just goes on and on... I am going to meet him tomorow to show him the exact wording and content as he feels they are saying you can and we will allow this new application... Will see what happens...
     
    #22 untame274, 26 Juin 2008
  3. Plum70

    Plum70 Well-Known Member

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    Re: check with solictor

    I think that as long as your wife is actively exercising a treaty right (and has documentary evidence to show) then you can take up employment in the interim. The big question is how you convince employers of this without the necessary paperwork. I would advise you to contact the AIRE Centre http://www.airecentre.org/law_index.html for advice.

    Please keep us posted and good luck
     
    #23 Plum70, 26 Juin 2008
  4. ribena

    ribena Member

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    You may want to give the below link & tel number to prospective employer on your eligibility to work in the uk as a non eea family member of a eea national.

    If they are convince, you are in luck.

    http://www.bia.homeoffice.gov.uk/employ ... ersupport/

    I think a cover letter on the CV might help.

    I have been adviced on the similar issue and the advice work for me :)

    p/s: my now employer called up the HO or the BIA to check if I can work for them and guess what? he was told I can't work and that I would need a work permit even tho I am married to a EEA National.
    Just be prepared with all the infos on hand just in case the employer were given wrong advice.
     
    #24 ribena, 27 Juin 2008
  5. thsths

    thsths Addicted member

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    I have to admit that I still do not understand that problem in this case. Maybe there is something in the details, so let's check them.

    What is your wife's nationality (a recent ascension state)?

    When did you come to the UK, and together?

    You have been working, and your wife has no income?

    Are you both registered with the NHS?
     
    #25 thsths, 27 Juin 2008
  6. ribena

    ribena Member

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    Hi untame274,

    uhmm .. sorry to ask but there are a few things i don't understand:

    1. in your post#1, you mentioned that the case worker called you to say that you need to send them more docs. Did the caseworker mentioned your application is/will be rejected? Up to now, did they send you a rejection letter? Or was he 'threating' that your wife must at least have a job or seeking one?

    2. also, i don't think you need to get you and your family medical insurance.
    I believe you are covered under NHS as you are paying tax/NI (National Insurance) and you & family just need to register with the nearest clinic.

    3. i thought as long as your wife is self sufficient without causing any burden to the state, is she not exercising her treaty right.

    4. and again, i thought the EEA2 application doesn't grant us the right but rather to confirm that we already have the right so to speak. and unless you are in danger to public safety ,health and recourse to public fund, then they don't really have a strong ground to reject the EEA2 application.

    I have to say I am surprised that your application has been rejected and I think your case is the first I've known to be rejected.
     
    #26 ribena, 27 Juin 2008
  7. untame274

    untame274 Member

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    The details again

    1. My wife is an Irish citizen(not one of the ascension states).
    2. I am a malaysian( family permit for 6 mths) from aug 2007 to dec 2007.
    3. In Aug 2007 I was working, got my NI,opened a bank account, and paying tax.
    4. My wife was notowrking from Aug 2007 till june 10 2007 (present).
    5. I applied in Nov 15 2007 using a EEA2 and ticked th ebox that my wife EU citizen is self sufficient.
    6. I got the COA in december recieved application processing will take 6 mths.
    6. I received a letter in the post in April 2008 that 1. provide bank statements for nov - march 2008 2. Provide evidence that my wife is excercising her treaty rights. 3. Provide her salary slips 4. Provide employment letter from employer 5. provide comphrensive health insurance for wife.
    7. I then sent my pay slips, bank statements showing sufficent funds but bank account is in my name, marriage certificate(11ysr) married.
    8. I got a call in May from case worker 1.EU spouse not excercisig her treaty rights she said, your wife not working,studying,not self employed so I can't work on her behalf to do that or excercise her rights while I work. I said I am supporting her financially,I have provided bank statements,pay slips, employer letter then I was employed. She told me that still shows EU citizen is not excercising her treaty rights. I said I will now get EU (spuse) to look for work as since the caseworker said not excercising rights. Then she said you can't force your wife to work. I said very politely my wife knows when she needs to work and she is doing it on her own accord to satisfy the requirements. So caseworker said she needs health insurance comphrensive, I said I have NI so it is covered. She said no since spouse(EU) not working needs comphrensive insurance. So she said she will write again and give 14 days to reply which she did.
    8. I applied for NI in wife's name , requested ofr her and mine passport. Made appt for NI to register EU(spuse) and I just got it back 2 days ago 25.06.08 and aslo a letter below......

    NOW I WILL TYPE THE CONTENTS OF THE LETTER.

    DEAR MR.....
    yOUR APPLICATION FOR A UNITED KINGDOM RESIDENCE CARD AS THE FAMILY MEMBER OF A EUROPEAN ECONOMIC AREA(EEA) NATIONAL.
    FURTHER TO YOUR LETTER DATED 2ND JUE 2008,YOUR LETTER 8TH JUNE 2008 AND 12 MAY 2008.
    BASED ON THE DOCUMENTARY EVIDENCE THAT YOU HAVE SUBMITTED WE ARE UNABEL TO ISSUE A RESIDENCE CARD AS LAID OUT BY THE EEC LAW.
    AT THIS WE SUGGEST YOU WITHDRAW YOUR APPLICATION AND RE APPLY ONCE YOU HAVE ALL THE CORRECT DOCUMENTS REQUIRED.
    YOU SHOULD INFORM US OF THIS IN WRITING.SHOULD YOU WISH TO CONTINUE WITH YOUR APPLICATION YOU ARE REQUESTED TO PROVIDE-
    1.DOCUMENTARY EVIDENCE OF HOW TH EEA NATIONAL HAS BEEN EXCERCISING TREATY RIGHTS FORM 10.11.2007(THE DATE OF YOUR APPLICATION) UNTIL THE 6TH JUE 2008.
    2.A LETTER FROM YOUR EMPLOYER CONFIRMING THE COMMENCEMENT DATE OF EMPLOYMENT AND THAT YOU ARE CURRENTLY IN THEIR EMPLOY.
    3.YOUR SALARY SLIPS FROM MARCH 2008-MAY 2008
    4.YOUR BANK STATEMENTS SHOWING YOUR SALARY BEING PAID INTO YOUR ACCOUNT.
    THIS IS THE FINAL LETTER/REQUEST OF DOCUMENTS WHICH WE WILL MAKE. THE INFORMATION IS REQUIRED WITHIN 14 DAYS FROM DATE OF THIS LETTER.
    AFTER WHICH THE APPLICATION WILL BE CONSIDERED AND MAY BE REFUSED ON THE GROUNDS OF INSUFICIENT EVIDENCE.
    ONCE AGAIN AN ADDRESSED LABEL IS ENCLOSED FOR YOUR REPLY. A STAMP IS REQUIRED AND RECORDED DELIVERY IS RECOMMENDED.
    AS PREVIOUSLY STATED ALL DCUEMNTS MUST BE ORIGINAL AS PHOTOCOPIES ARE NOT ACCPETED BY THE HOME OFFICE.

    YOURS.......
    XXXXXXXX
    1. eea is still lookig for work 2. I am unemployed at the moment so can't get letter form employer. I am actively looking for work. 3. No salary slips for march 2008 - april 2008 as unemployed. 4. bank statements have been provided till march 2008.

    Hopefully this makes sense now....
     
    #27 untame274, 27 Juin 2008
  8. thsths

    thsths Addicted member

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    Re: The details again

    Thanks for the clarification.

    When you made the EEA2 application, did you fill in your details in Section 4? It says clearly that you can be the person working. So even though your wife is not working, I think she would still exercise that treaty right if you are employed.

    That could be the problem. The Home Office only classifies you as looking for work for a maximum of 3 months. If you are still unemployed after 3 months, they conclude that you must not have been looking hard enough.

    And in a certain way they are right. If you have a job, even with a minimal income, you are covered by the right of free movement. You may even be eligible for benefits if necessary, although that is a bit of a grey area. But without a job, you need to show sufficient funds to maintain yourself. I think you can even claim unemployment benefits for 3 months, but not longer.

    So that is your basic problem. If either of you can find a job, you would be in a much better position.

    Tom
     
    #28 thsths, 27 Juin 2008
  9. untame274

    untame274 Member

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    Response

    Tom,
    1. I was employed for 8 mths from aug 2007 march 2008 so I am just unemployed now april 2008 to present. So I don't think that would be correct.2. HO seems to emphasize EEA citizen needs to excercise her treaty rights!!! So I think this is the main criteria....
    3. Should I carry on with the existing case or withdraw and resubmit a new application?
    4. If I do then am I still allowed to work or find work and am I here illegally then?? In any case I think the HO is being overzealous here ... !!!Any suggestions..... how to go about this... I am trying to contact a immigration lawyer as how to go about this before the 14 days is up and I know they make a very good living of this...
    If you have any other suggestions........
     
    #29 untame274, 28 Juin 2008
  10. thsths

    thsths Addicted member

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    Re: Response

    Yes, we obviously have a different view on this. Unfortunately, the texts from the Home Office do not really clarify the point. One things is sure though: if you wife did find a job, that would qualify as a treaty right.

    If you think you can make a reasonable case, you should continue the application. For example you can say you are looking for work, if you have some evidence (letters of applications, invitations for interviews etc). Or if you have some saving, you could claim self sufficient.

    Otherwise it is probably wise to withdraw the application. But if you find a job, how would you prove that you have the right to work? Getting the certificate of application can take ages now (8 weeks). Anyway, there is no easy to solution to this question.

    Tom
     
    #30 thsths, 28 Juin 2008
  11. ribena

    ribena Member

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    Re: Response

    .

    Otherwise it is probably wise to withdraw the application. But if you find a job, how would you prove that you have the right to work? Getting the certificate of application can take ages now (8 weeks). Anyway, there is no easy to solution to this question.

    Tom[/quote]

    Hi Tom,
    just wondering.. if untame can somehow put in the CV a cover letter that he is married to a eea citizen and has the right to work and perhaps putting the link for employer and the employer helpline number to call? I understand not all employer would just 'believe' him w/o any proof.
    Do you reckon it is do-able?

    my 2 cents worth..
     
    #31 ribena, 28 Juin 2008
  12. untame274

    untame274 Member

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    application resubmission

    I have written to HO to withdraw my application since Thursday 10thJuly 2008. I was late writing back to them as I thought the 14 days was working days but is just that not working days. I could not provide more documents so only option was resubmit. In doing so I got 3 offers in writing from 3 companies for employment. The catch is under the Assylum Act I need to provide documentation to prove this. So since I have not heard form HO yet. I am still using the COA since nov 2007 since I have no response yet. I am hoping the response will be little slow as all these employers want to check with HO. So it is wait and see as my wife has still not found work yet, as the market is very tight. Will now have to wait and see what happens. My solicitor says talk to th employer and I said I did but they aren't buying it unless written down black and white.
     
    #32 untame274, 14 Juillet 2008
  13. untame274

    untame274 Member

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    New EEA2 application

    I reapplied for my EEA2 since I had to withdraw it in June 2008. I was unemployed then and my my wife(EU) spouse still had no work then. I have since Aug found perm work and applied in Nov 2008. My wife just found parttime work from jan 2009. It will be 6 mths now in March 10th 2009 that my application has been submitted. I only sent my marriage certs, wife's email applications(excercising her EU rights) which means looking for work and a copy of both passports. I am hoping they will reply for the originals as then only I am sending my original passports,bank statements, payslips, NI etc. I hope this time around I will get it soon. Their web page seem to have not changed since december 2008 of which month they are processing or they are either slow.. Will let you folks know soon..
     
    #33 untame274, 3 Mars 2009
  14. untame274

    untame274 Member

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    Finally!! I hope!! some light!!

    After reapplying in Aug 2008 and getting a COA in Sept 2008 now 11.5 mths later , I got 2 letters within a week. First letter UK Border Agency- I am sorry that you had to wait for so long to get back too.. We have been priotrizing the removal of Immigrants illegally in jails in the UK so the resources were not sufficient to process your application. We took note of your new address and will be assigining a case worker to your case. We do apologize.... etc....

    2nd letter 3 days later , case worker Ms B.... we would like you to submit your 1. pay slips for spouse,employment letter etc.... 2. Excercise her treaty rights etc.. 3. Self employed..... etc....
    You have 14 days to reply to this letter after which you application will be returned......

    My ! Oh My!! what a wait!!! and no I did not reply or tell them they were late blah! blah!! ... . I did put my spouse's payslips since she was employed from an 2009 onwards now 6 mths since hse employed, passport original as well as mine original. I had submitted 2 copies of our passport + marriage cert original in the original application in aug 2008 showing identification and also that we needed our passports to travel so when they do require the original pls let me know which they need it now. So 3 days now since posted... I asked for my spouse passport to be returned once seen... as she is on school holidays with my daughter and will be going to ireland shortly... Well now I hope they will approve it since it is my 2nd application without any problems!!!. I thought of writing a stinging letter since they were late but decided not to since they apologized twice in the letter and really it delayed my application by 1 yr since I had to reapply.. I would have to wait 6 yrs now for a perm resident !!! if they approve it now.. Well let you know patience is a virtue for me!!! and I will post once I get it approved!!!
     
    #34 untame274, 27 Juillet 2009
  15. untame274

    untame274 Member

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    Resolved..

    Yes, I got the stamp in my passport till aug 2014. The usual details...
    Writing a letter or 2 in a proffesional manner without the blame... being patient did pay off and all I can say to the rest is be patient and be prepared to wait!! as there is no quick fast resolve and good luck to the rest as I am sure it will be fine for the rest of you!!. I consider this post closed now.....
     
    #35 untame274, 11 Août 2009
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