EEA 2 visa revoked at border control, not allowed to work

[olivesummer44]

Dear all,

My EEA 2 visa was revoked at border control, they are challenging my husband's status on exercising treaty right.

He's now travel back and forth between Norway and UK every other weekend, and he has comprehensive health cover in the UK right now.

My lawyer said I should have the right to continue to work till my appeal is heard, but Home Office still put the restriction on employment.

I would like to hear your opinions before I write a letter to Home Office asking them to grant my right to work.

[Universal soldier]

After listening this experience I have to agree and appreciate the knowledge of OBIE - moderator what he written in the similar type of thread:

http://www.immigrationboards.com/eea-ro ... 73410.html

[dalebutt]

Dear all,

The decision is wrong, appeal it rigorously, you have a right to work, send them a clear warning letter, if you loose your job as a result there will be cost. Full details of your case is not known.

You are a family member of a qualified person, with a right to reside, you have a derived right. I believe on the face of it, the decision in itself is obviously wrong.

[Obie]

If your spouse is a frontier worker, then the burden is on you to demonstrate that such is the case, by providing the relevant evidence, that he is employed in another member state and he returns to the UK at least everyday, or as a rule, once a week.

In the absence of that, I am of the view that you have no right to work in the UK. Community law will not be engaged at all in the event of you being unable to prove this.

[olivesummer44]

If your spouse is a frontier worker, then the burden is on you to demonstrate that such is the case, by providing the relevant evidence, that he is employed in another member state and he returns to the UK at least everyday, or as a rule, once a week.

In the absence of that, I am of the view that you have no right to work in the UK. Community law will not be engaged at all in the event of you being unable to prove this.

Thanks Obie

My husband spends every other weekends in the UK, each time would be 4 days. Because some weeks he has to travel for work.

So in the last 35 days, he's in the UK for 10 days. Is this sufficient?

[Obie]

He will not be a frontier worker unless he returns to the UK at least once a week.

[olivesummer44]

He will not be a frontier worker unless he returns to the UK at least once a week.

Thanks again Obie,

Would the situation qualify that he is economically self-sufficient and has comprehensive healthcare in the UK? We have a lease together, and bills are in his name etc.

[Obie]

He may well do . I am simply giving a general advise based on the law. My advise are not intended to be case specific.

[olivesummer44]

He may well do . I am simply giving a general advise based on the law. My advise are not intended to be case specific.

Okay. thx Obie