EEA2 Rejected under "jobseeker" route. Asked to leave. Help!

[carulosu]

Hello. I was wondering if someone could give us some advice on our situation.

I am a non-EEA married to an EEA national (My wife is Spanish). We arrived together in the beginning of august 2013 (we came from Spain and I entered with an EEA family visa). Last September I filed an EEA2 application under the “job seeker” route, claiming that my wife was getting interviews related to possible job opening (we included emails of interviews and rejections, and proof of registration with recruiters. She is an architect). I luckily got a full time job in Software Engineering in the beginning of September so all was well…until last week.

Last week I got a refusal letter with really strong wording, the likes of:

You do not have a basis of stay in the United Kingdom under the Immigration (European Economic Area) Regulations 2006.
As you appear to have no alternative basis of say in the United Kingdom you should now make arrangements to leave. If you fail to make a voluntary departure a separate decision may be made at a later date to enforce your removal from the United Kingdom.

Apparently we failed to do a proper “job seeker” claim. The letter states:

You have stated that your EEA family member is a jobseeker but you have not provided a letter(s) from the Department of Work and Pensions.
Regulation 6(2)(b) stipulates that a person who claims to be a qualified person in the United Kingdom as a jobseeker must.
(i) have registered as a job seeker and were employed for at least a year before becoming unemployed
(ii) have been unemployed for no more than six months, or
(iii) can provide evidence that they are seeking employment in the UK and have a genuine chance of being engaged.

The EEA Regulations 2006: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

A form IAFT-1 for appeal has been included. The letter also states:

Regulation 26 of the Immigration (EEA) Regulations 2006 confers a right of appeal against this decision. However this does not mean that, if you choose to appeal, you will be entitled to remain in the United Kingdom whilst the appeal is being considered.

Also:

Your documents have been retained and responsibility for your case has now been passed to your local immigration team. You should contact them (between the hours of 9am and 5pm, Monday to Friday) to discuss your departure from the United Kingdom. It is important that a telephone contact is made prior to you making any firm travel arrangements in order to allow adequate time for your documents to be retrieved from a secure place of storage.

I just got fired today because of this.

Also my wife started a part time job last November. She signed a contract for 6h/week and earning a little over £7/hour.

So here are my questions:

• Really? Do I HAVE to leave? How can this be? And leave my wife here? Will I be blacklisted if I don’t leave?
• Would it be better to appeal or just file a new application? If I file a new application, under which route? Worker (with so little hours/income) or self-sufficient?
• Did the people in the home office made a mistake? Is 6(2)(b) the correct definition of a “jobseeker” or is it 6(4): “For the purpose of paragraph (1)(a), “jobseeker” means a person who enters the United Kingdom in order to seek employment and can provide evidence that he is seeking employment and has a genuine chance of being engaged.”
• Do I really need to call this local immigration team?
• If I appeal or file a new application, do I still need to leave? Could I get in trouble if I don’t?
• Even if I DO leave, how can I file an application if I still need to include my passport with it? Aren’t they supposed to be filed from within the UK and not from the outside?
• Is my wife also in risk of this “administrative removal”?
• Fired? really? Could I still work? What proof could I show the company of this?

I’m desperate, don’t know if I should leave or stay, and being jobless and with no supporting document that proves I have the right to work, I don’t know what to do. Please help!

[el patron]

Re-apply on a fresh EEA2 form, you can also appeal, either way both actions secure your rights in the interim.

What was the date of the refusal decision?

[JulianaV]

That's interesting...

Yesterday I decided to go to Job Centre plus, but sounds like the laws has been changed. I'm a new expat, hence I cannot register myself as Jobseeker because this will result in receive funds for the government. You just can apply as Jobseeker if you are 3 months with no employment.

So, considering this thread, sounds like EEA2 for new Expats where the EEA1 is a jobseeker is no longer valid ! Because the registration of Job Centre plus is mandatory !

However on the EEA2 form, it's says that it could be a Job Centre plus registration or any other Employment agency.

Again: If Job Centre plus is really mandatory as this thread suggests: Not a valid route anymore.

[askmeplz82]

yes Law have changed for HMRC.

https://www.gov.uk/government/news/toug ... e-tomorrow

[el patron]

That's interesting...

Yesterday I decided to go to Job Centre plus, but sounds like the laws has been changed. I'm a new expat, hence I cannot register myself as Jobseeker because this will result in receive funds for the government. You just can apply as Jobseeker if you are 3 months with no employment.

So, considering this thread, sounds like EEA2 for new Expats where the EEA1 is a jobseeker is no longer valid ! Because the registration of Job Centre plus is mandatory !

However on the EEA2 form, it's says that it could be a Job Centre plus registration or any other Employment agency.

Again: If Job Centre plus is really mandatory as this thread suggests: Not a valid route anymore.

You should still be able to register as a Job Seeker, you would not be able to claim Job Seekers Allowance though!

[kafworld]

If anyone knows how to register as a Jobseeker online or in person WITHOUT collecting Jobseeker Allowances I would love to know. I'm about to send my EEA2 application in but still a bit confused about my EEA National wife exercising Treaty Rights as a Jobseeker.

Background: I'm non-EEA, wife is EEA National. Arrived in UK 3 months ago. I have a job here, wife does not but seeking employment.

According to EEA2 our situation seems pretty straight forward but I've read about a lot of rejections so if anyone can offer advice please help. Thanks

[el patron]

Use online employment agencies and other local/national recruitment agencies, keep evidences of her applications for jobs interviews and refusal etc and submit them with EEA2 application (keep copies of everything submitted). Don't be surprised if application is refused, but appeal with all the evidences you accumulate up to the point of an appeal hearing, if she has employment, even the day before the appeal hearing (and you can prove it), the appeal will succeed! In the meantime you are still able to rely on your EEA family member status whilst an application/appeal is pending.

[kafworld]

Would I have a better chance of my EEA2 being approved if I chose the Self-Sufficient option instead of Jobseeker for my EEA National wife? After doing a bit of reading perhaps I qualify.

I have a job that supports us both and we both have AXA Health Insurance through my work (How do I verify that it is comprehensive enough to be accepted by UKBA?). We have a joint bank account and she has access to all of our funds. We don't have much of a savings but does that matter since I receive a regular paycheck each month that more than covers our living expenses?

I have read a lot of conflicting info about what documentation to submit if applying for this route so really appreciate your guidance. Thank you.

[vinny]

Self-sufficiency may be more complicated.

See also Amendment to EEA regulations on worker status and job seeking.

[el patron]

Self-sufficiency may be more complicated.

See also Amendment to EEA regulations on worker status and job seeking.

Indeed! All the more reason to apply soon or to expect to have to appeal!

[ReubenH]

We had a very similar outcome with our application – I was working and my eea wife a jobseeker.

Fortunately my wife was offered a full time job shortly after receiving our refusal letter so we appealed which allowed me to stay in the country and a few weeks after my wife started her job we re-applied. We sent a copy of my wifes letter of employment, her contract, our marriage certificate, her passport, joint bank statement and our lease. Home office had my passport and refused to return it so we sent a letter stating that they had my passport from a previous application as well as the reference number of that application.
Two weeks after submitting the application we received a COA with no right to work. We immediately wrote to them and told them they had made a mistake and they need to re-issue a correct COA – at this time we also contacted our local MP and asked her to help.
About 10 days later I received a new COA with right to work and not long about another two weeks later we received all documents back including my passport with a RC.
We reapplied on the 21st April so the whole process took just over a month (my RC is dated 22 May)

Hope this helps.

[kafworld]

Does anyone get a residence card when a partner is exercising treaty rights as a jobseeker?

My biggest fear is that I submit the EEA2 application and then they don't return my passport which I need for work travel. She is the definition of a new jobseeker in that we arrived in UK for her to "seek work." I found a job but I am the non-eea national, she is.

So far as I've read on this board the following will likely happen:

1. Submit EEA2 application
2. Receive COA with No Right To Work
3. They hold my passport (I potentially lose my job because I can't travel for work).
4. Months from now I am refused a Resident Card and asked to leave country (with right to appeal)
5. Pray my wife finds work to include in appeal or file new EEA2 applications so UKBA can nab another £55 from me.

Does that about cover it? Why include the Jobseeeker category if they aren't going to grant RCs using that method? BTW, I'm submitting my wife's EEA1 application along with mine. Do you think that helps or hurts the situation?

Apologise for all the questions but I'm a bit freaked about this.

[kafworld]

Hi ReubenH,

Please can you walk me through your first submission and the timeline? Did you not get a COA the first time around? How long did it take for you to get refusal letter from date of submission?

Thanks for the info.

[ReubenH]

Hi,

We arrived in April 2013 but only submitted for my RC in January 2014. Got my COA with cannot confirm right to work a few weeks after that but didn’t pay much attention to it. At the end of March we received a letter refusing my RC.

Let me know if you need any more info.