Leaving Country during Appeal - EEA2

[krayz133]

Hi, I'm a South Korean guy married to a Romanian and I applied for a EEA2 September of last year.

I got refused my EEA2 a few months ago because we didn't attend the interview - when my wife was 8 months pregnant (no way we could travel to liverpool from south London) - asked if we could attend somewhere closer or after the baby was born - but they refused and thought that we were not a genuine marriage after that.
We decided to go for the Appeal as our son was born and prepared documents including a DNA Test.

Today was my hearing day.
My solicitor asked me to send them payslips of my wife and marriage certificate which I did, but asked me to "BRING" the birth certificate along to the court.
The problem was from this.
I took along the birth certificate and other documents that could help our case.
(DNA results arrived on the day of hearing so didn't have a time to print out )
We went into the court room, the HO rep. asked for DNA proof - our barrister showed the birth certificate that I brought with me and explained that she left the DNA out because there is already sufficient proof of our genuine marriage. The judge asked why we didn't hand it all the sufficient documents that might help.

The appeal hearing has been pushed to another date - no-one knows but the barrister said probably around January which I find it quite furious about.

I need help deciding on two occasions -
1. I am wondering if I will be able to travel out of the country with my wife (and 6months old son) while we get a new date for the hearing. My wife has her passport and I do too (had to make a new one for the DNA test). Will the Home Office allow me to do this?
2. I am also thinking of cancelling my Appeal - if I am eligible to re-apply from outside the country.
This seems quicker and cheaper - as I need another fee for the barrister.

I don't know if I explained everything well enough for you to understand. It's a bit complicated..but
Let me know if anything needs more detail.

Thanks!

[Annebee]

I will suggest you don't leave the country. It's easier to fight for your case here. My suggestion will be to apply for another residence card. Just do it on your own , you don't need a solicitor . Add all supporting docs in support of ur application . add a cover note to explain your circumstances and address the previous denial stating why you couldn't attend interview. If you had any comms notifying HO at that time, include that. Don't forget the DNA.

This time the more docs, the better. I understand you can lodge a new app even if there is an appeal in the court.

If I am wrong, the gurus will point you to the right direction. I honesty do wish you luck and believe you will succeed following a re application.

[PutiniEEA]

Hi, I'm a South Korean guy married to a Romanian and I applied for a EEA2 September of last year.

I got refused my EEA2 a few months ago because we didn't attend the interview - when my wife was 8 months pregnant (no way we could travel to liverpool from south London) - asked if we could attend somewhere closer or after the baby was born - but they refused and thought that we were not a genuine marriage after that.
We decided to go for the Appeal as our son was born and prepared documents including a DNA Test.

Today was my hearing day.
My solicitor asked me to send them payslips of my wife and marriage certificate which I did, but asked me to "BRING" the birth certificate along to the court.
The problem was from this.
I took along the birth certificate and other documents that could help our case.
(DNA results arrived on the day of hearing so didn't have a time to print out )
We went into the court room, the HO rep. asked for DNA proof - our barrister showed the birth certificate that I brought with me and explained that she left the DNA out because there is already sufficient proof of our genuine marriage. The judge asked why we didn't hand it all the sufficient documents that might help.

The appeal hearing has been pushed to another date - no-one knows but the barrister said probably around January which I find it quite furious about.

I need help deciding on two occasions -
1. I am wondering if I will be able to travel out of the country with my wife (and 6months old son) while we get a new date for the hearing. My wife has her passport and I do too (had to make a new one for the DNA test). Will the Home Office allow me to do this?
2. I am also thinking of cancelling my Appeal - if I am eligible to re-apply from outside the country.
This seems quicker and cheaper - as I need another fee for the barrister.

I don't know if I explained everything well enough for you to understand. It's a bit complicated..but
Let me know if anything needs more detail.

Thanks!

Why don't u send them medical certificate of ur wife ., u shouldn't miss interview
Now u made it complicated. , try to stay here and fight ur case using internet sources.

Or why don't u put new application , that will be quick ,pay just £65 for application, don't go to any solicitor

God luck