RC refused

[Karby]

Hi

I am a German national and my husband is South African – we got married in South Africa in 2006.

In April 2013 we moved with our sons (who are also German Nationals) to the UK. My husband has a EEA Family Visa.
It took him a while to find a job but he started working on a contract at the end of October 2013. His contract was for 5 months and has just ended.

In January we applied for his residents permit. We have just received a letter back saying it has been refused on the following grounds:

Your EEA national sponsor is not registered with the Department of Work and Pensions as a jobseeker
Your EEA national sponsor has been a jobseeker for a period of excess of six months.

Please can someone explain what they mean by registering with the department or Work and Pensions as a jobseeker

I was also unaware that there was a time limit on me getting a job – I have been looking but because of having kids I had to make sure I earned enough to cover their childcare and as my husband was working and we were not claiming benefits I was not too concerned.

We did claim benefits for about 4 months after arriving here as it took longer for one of us to find work than we thought it would and our savings had just about run out.

We can appeal this decision but don't know on what basis.

Has anyone got some advise for us?

[Obie]

How were you exercising treaty rights then.

were you a:

1) Jobseeker (Seeking work and can show you have a reasonable prospect of securing work)

2) A worker ( Engaged in effective and genuine work)

3) Self employed

4) Student ( Engage in course of study and in possession of Comprehensive Sickness insurance and can show sufficient resource or declare that you will have sufficient funds.)

5) Self Sufficient ( Have CSI and can demonstrate you have sufficient resources)

If you cannot demonstrate any of the above, then your husband is not entitled to a residence card, and the refusal was lawful.

You can appeal or reapply. But ensure you meet the requirement when you do next time.

[Karby]

Hi,

I am a jobseeker - but was not registered with the jobcentre as my husband was working and we did not want to claim benefits.

I can show them emails of jobs applied for as well as a letter / letters from agents I signed up with.

Do you think this would be sufficient?

[Karby]

Hi,

okay so a big change in our situation - I now have a full time paid job.

Happened today with something I had applied for last week.

Please can you give advise on the best route forward - do we re-apply (not sure how as they have my husbands passport) or do we ask for a re-consideration or do we appeal the decision.

Thanks

Karen

[Hubba]

Hi,

okay so a big change in our situation - I now have a full time paid job.

Happened today with something I had applied for last week.

Please can you give advise on the best route forward - do we re-apply (not sure how as they have my husbands passport) or do we ask for a re-consideration or do we appeal the decision.

Thanks

Karen

They shouldn't really have kept your husband's passport. You have two options:

1) Request that they return his passport and re-apply, this time with you exercising Treaty Rights as Worker;

2) Ask them to reconsider whilst sending extra documentation showing that you're now exercising Treaty rights as Worker.

I don't think appealing is right, since the appeal would be only valid if their reason for rejection was unlawful.

[Obie]

She will be permitted to appeal and add new point or evidence that was not before the decision maker originally, under Section 85(4).

The Tribunal has started a new policy, of requiring document and bundle to the respondent 15 working days, to enable the respondent to review her decision, and withdraw it. So it may be quicker to appeal, as it provides you double bite of the cherry.

Kind Regards

[sam0044]

Such a sad news:-(

[Karby]

Thanks for your help.

How do we ask them to reconsider?

I am only starting my job tomorrow - should we wait a while although we only have until early next week to appeal.