EEA2 refused appeal allowed

[NewJD3]

Reason
.........HO could not contact EEA national employer

Should I appeal or Re-apply...????

If appeal what should I do and what is the process like?????


Thanks

[NewJD3]

I am kindly waiting for your responds on which option might be the best for me

Appeal Or reapply?

[KrSuma]

Reason
.........HO could not contact EEA national employer

Should I appeal or Re-apply...????

If appeal what should I do and what is the process like?????


Thanks

I am in the similar case as you, and I have applied for a reconsideration request, which the HO replied yesterday that it is not possible.

I have applied for an appeal which it was accepted, however. Hope this helps...

I apologise for hijacking the post, but is it also possible to reapply while the appeal is still going on?

Thanks,

[askmeplz82]

yes you do not have to cancel appeal under EEA law .. just send a new application

[NewJD3]

Reason
.........HO could not contact EEA national employer

Should I appeal or Re-apply...????

If appeal what should I do and what is the process like?????


Thanks

I am in the similar case as you, and I have applied for a reconsideration request, which the HO replied yesterday that it is not possible.

I have applied for an appeal which it was accepted, however. Hope this helps...

I apologise for hijacking the post, but is it also possible to reapply while the appeal is still going on?

Thanks,

So they said you cannot apply for reconsideration?
What is your refusal reason?
Mine was that HO couldnot contact my Eea national Employer,

[NewJD3]

I think the best is to Appeal and send in new Application.

But what was your refusal reason

But

Reason
.........HO could not contact EEA national employer

Should I appeal or Re-apply...????

If appeal what should I do and what is the process like?????


Thanks

I am in the similar case as you, and I have applied for a reconsideration request, which the HO replied yesterday that it is not possible.

I have applied for an appeal which it was accepted, however. Hope this helps...

I apologise for hijacking the post, but is it also possible to reapply while the appeal is still going on?

Thanks,

[KrSuma]

hey,

i got refused for the same reason - couldnt contact the sponsor of my eu partner's workplace.

i told the HO that we got further evidences to prove my eu partners exercise of treaty rights but they refused.

i am thinking of sending them an mail again explaining that my partner's work manager has contacted them after I have sent my reconsideration letter.

[NewJD3]

hey, s

i got refused for the same reason - couldnt contact the sponsor of my eu partner's workplace.

i told the HO that we got further evidences to prove my eu partners exercise of treaty rights but they refused.

i am thinking of sending them an mail again explaining that my partner's work manager has contacted them after I have sent my reconsideration letter.

But did you add those documents to the reconsideration documents?
Who did your partner manager contacted? I still think a Appeal and Reapplication is the best.

[KrSuma]

hey, s

i got refused for the same reason - couldnt contact the sponsor of my eu partner's workplace.

i told the HO that we got further evidences to prove my eu partners exercise of treaty rights but they refused.

i am thinking of sending them an mail again explaining that my partner's work manager has contacted them after I have sent my reconsideration letter.

But did you add those documents to the reconsideration documents?
Who did your partner manager contacted? I still think a Appeal and Reapplication is the best.

no, I havent added those documents to the reconsideration documents.

I am not sure who, but the partner manager told us that he contacted the HO with a call and also sent them a letter of employment / verifying that she has been working ever since the duration of the EEA2 residency application.

I havent sent any evidences to the HO when I applied for reconsideration, but I explained them that I will be sending them more evidences if the reconsideration has been accepted. The sponsor of my EU partner has also contacted the HO with call /mail explaining to verify my eu partner's exercise of her treaty rights, after I have sent my reconsideration to the HO... However they still turned down the reconsideration.

I am thinking of sending a mail to the HO if they have received the call / mail from my EU partner's sponsor, and if that changes anything about the reconsideration being accepted.

This was said when the HO refused my reconsideration request:

The application was considered under section 6 of the Immigration (EEA) Regulations 2006. Decisions can only be reversed where it is clear that the original decision was NOT taken in line with the prevailing policy and immigration law at the time the decision was reached. The onus is on applicants to demonstrate that they satisfy the statutory requirements.

I have reviewed the handling of your application and the decision made on it and I am satisfied that the correct procedures were followed in the decision making process. There are therefore, no grounds for reconsideration of your application.

The decision to refuse your application has attracted a right of appeal and any representations you may now with to raise will be addressed at the appeal hearing."

So I am not sure if I can make any reconsideration requests at all now...

[NewJD3]

hey, s

i got refused for the same reason - couldnt contact the sponsor of my eu partner's workplace.

i told the HO that we got further evidences to prove my eu partners exercise of treaty rights but they refused.

i am thinking of sending them an mail again explaining that my partner's work manager has contacted them after I have sent my reconsideration letter.

But did you add those documents to the reconsideration documents?
Who did your partner manager contacted? I still think a Appeal and Reapplication is the best.

no, I havent added those documents to the reconsideration documents.

I am not sure who, but the partner manager told us that he contacted the HO with a call and also sent them a letter of employment / verifying that she has been working ever since the duration of the EEA2 residency application.

I havent sent any evidences to the HO when I applied for reconsideration, but I explained them that I will be sending them more evidences if the reconsideration has been accepted. The sponsor of my EU partner has also contacted the HO with call /mail explaining to verify my eu partner's exercise of her treaty rights, after I have sent my reconsideration to the HO... However they still turned down the reconsideration.

I am thinking of sending a mail to the HO if they have received the call / mail from my EU partner's sponsor, and if that changes anything about the reconsideration being accepted.

This was said when the HO refused my reconsideration request:

The application was considered under section 6 of the Immigration (EEA) Regulations 2006. Decisions can only be reversed where it is clear that the original decision was NOT taken in line with the prevailing policy and immigration law at the time the decision was reached. The onus is on applicants to demonstrate that they satisfy the statutory requirements.

I have reviewed the handling of your application and the decision made on it and I am satisfied that the correct procedures were followed in the decision making process. There are therefore, no grounds for reconsideration of your application.

The decision to refuse your application has attracted a right of appeal and any representations you may now with to raise will be addressed at the appeal hearing."

So I am not sure if I can make any reconsideration requests at all now...

From what I understood, you only sent a reconsideration letter to your case worker for reconsideration, you did not add any document to the letter. Right?
I think you should get the document from your spouse employer and make a new application/or add it to your reconsideration.
That is what I am going to do..

[NewJD3]

Dear ALL..
For those of you that HO could not contact employer.
Please tell us what you did in your situation..
We will be greatfull

[erikac]

We have appealed but not reapplied because apparently while you are on the application your visa has to be valid, and in our case it was just about to expire... and obviously we need to travel out the UK now: any idea about how re-enter? Is another visa the only option?

[NewJD3]

We have appealed but not reapplied because apparently while you are on the application your visa has to be valid, and in our case it was just about to expire... and obviously we need to travel out the UK now: any idea about how re-enter? Is another visa the only option?

OK, It is good to appeal and reapply as applications now takes less than three months...

I am not sure how u can get back, u just need to be patient.

[DERBY F]

hello every one i just want help from you, i applied fot my wife EEA2 but they refused it cos iam eea national not working , iam in jsa
and we have child togather
i sent my apeal to to HO and iam still waitng
iam starting a new job part time 3 hours a week starting 1/4/14
what is the best to make a new application while iam waiting the appeal .
part time job does it help to get eea2 to my wife
thank you

[NewJD3]

hello every one i just want help from you, i applied fot my wife EEA2 but they refused it cos iam eea national not working , iam in jsa
and we have child togather
i sent my apeal to to HO and iam still waitng
iam starting a new job part time 3 hours a week starting 1/4/14
what is the best to make a new application while iam waiting the appeal .
part time job does it help to get eea2 to my wife
thank you

Yes a parttime job is enough and you just need to reaplly and also send the new employment details for the appeal.

[DERBY F]

hello every one i just want help from you, i applied fot my wife EEA2 but they refused it cos iam eea national not working , iam in jsa
and we have child togather
i sent my apeal to to HO and iam still waitng
iam starting a new job part time 3 hours a week starting 1/4/14
what is the best to make a new application while iam waiting the appeal .
part time job does it help to get eea2 to my wife
thank you

Yes a parttime job is enough and you just need to reaplly and also send the new employment details for the appeal.

thank you ..and what is the best hours as part time which HO consder that its part time , is it more than 13 hours a week ? or any part time 3 or 4 hours a week

[chaoclive]

I've read somewhere that to be a qualified worker, you need to be working about 10 hours/week. You might want to do a search by yourself on Google.

[DERBY F]

hello every one
i started a part time job on the 5/4/14 . 13 hours a week
iam going to reapply for new eea2 for my wife as they refused her first application
i receved a letter from the apeal telling me the they receved our apeal

if i apply for new application eea2 for my wife with my new employment details and with all the documents like marreiege certificat
and tenants agrement and my passport as eeu national but without my wife passport cos the HO held it
do you think my wife will get her RC eea2? and do you think that part time job 13 hours a week is enough to make a quilefy person
thank you

[DERBY F]

hello every one
i reapplay for my wife new eea2 as the first one been refused cos iam in jsa ,i sent an appeal with my new work information
...
send new application eea2 for my wife
i sent:
letter from my work that iam working 13hours a week with 104 wages a week
my eu passport
tenants contract
marriege certificat
do you think they will issue the eea2 for my wife

[rosebead]

12 hours a week means you're offically a worker under EU law according to Case C-139/85 Kempf.

[DERBY F]

12 hours a week means you're offically a worker under EU law according to Case C-139/85 Kempf.

thank you for your answera
do you think they shoud issue the eea2 for my wife ?

[chaoclive]

hello every one
i reapplay for my wife new eea2 as the first one been refused cos iam in jsa ,i sent an appeal with my new work information
...
send new application eea2 for my wife
i sent:
letter from my work that iam working 13hours a week with 104 wages a week
my eu passport
tenants contract
marriege certificat
do you think they will issue the eea2 for my wife

I think you should be fine! If you have any pay slips just stick them in too. Of course, you will need to send her passport too!

[DERBY F]

hi
i recevied yesterday the coa
not confirm her right to work
her passport been held at HO as the first application been refuesd
do think this time my wife eea2 will be issue
. in the letter which we recevied its writin ( we are not going to revisite you right to work untill we make the decision )
what that mean by revisit

[chaoclive]

Here 'revisit' just means 'review'. They mean they won't change the COA to give her the right to work.

Many people have had this issue recently. If you think they made a mistake you can still contact them about it but they have said they won't change it. If she doesn't need to work for the time being, you could just forget it and wait for the residence card.

Wish you good luck!

[DERBY F]

Here 'revisit' just means 'review'. They mean they won't change the COA to give her the right to work.

Many people have had this issue recently. If you think they made a mistake you can still contact them about it but they have said they won't change it. If she doesn't need to work for the time being, you could just forget it and wait for the residence card.

Wish you good luck!

thank you
my wife she does not need to work at the moment
do you think they will issue her the RC
SHE IS VERY WORRY