EEA FP RC Refused, Appeal or submit a new application?

[ASNUL]

Dear Friends,

Hope you can help

My wife ((EEA Citizen)) and I arrived to the uk on April this year, I applied for RC in July at this time my wife was not working, Today i received a refusal for my application and right to appreal, the reason was that my wife was not working and was not rejestered in jobseekers office and we only sent few printed emails about the job applications she made, however she has been working for the last 4 months and now she got offered a permanent job to start as of january, I called the home office and got advised not to appeal as it takes long and i should be submitting a new application with new evidence of employment
another thing is, Am I stilll eligible to work in the UK ?

Advice would be much appreciated

[noajthan]

Dear Friends,

Hope you can help

My wife ((EEA Citizen)) and I arrived to the uk on April this year, I applied for RC in July at this time my wife was not working, Today i received a refusal for my application and right to appreal, the reason was that my wife was not working and was not rejestered in jobseekers office and we only sent few printed emails about the job applications she made, however she has been working for the last 4 months and now she got offered a permanent job to start as of january, I called the home office and got advised not to appeal as it takes long and i should be submitting a new application with new evidence of employment
another thing is, Am I stilll eligible to work in the UK ?

Advice would be much appreciated

If your sponsor (wife) is now a qualified person & exercising treaty rights here in UK (eg working) then you have the right to work (or study) too.
A RC simply confirms that.

But you may not find an employer who is happy to employ you without sight of RC (or COA).

[ASNUL]

Thank You for your help
I submitted a new application as advised by Home office consultant , it is a bit worrying me though, still think I should have appealed as my first visa I got from outside the uk allowed me to stay till August and I submitted the first application in July but received the decision only yesterday. This way they might come up with an excuse which is that I stayed this time illegally between August until they receive the new application.
What do you think?

[noajthan]

Thank You for your help
I submitted a new application as advised by Home office consultant , it is a bit worrying me though, still think I should have appealed as my first visa I got from outside the uk allowed me to stay till August and I submitted the first application in July but received the decision only yesterday. This way they might come up with an excuse which is that I stayed this time illegally between August until they receive the new application.
What do you think?

You are not in UK illegally - you are in UK with your spouse who is exercising treaty rights.

You can read more about freeemovement here:
http://ec.europa.eu/justice/policies/ci ... nt_low.pdf
- for example see page 17

[ASNUL]

Thank You for your help
I submitted a new application as advised by Home office consultant , it is a bit worrying me though, still think I should have appealed as my first visa I got from outside the uk allowed me to stay till August and I submitted the first application in July but received the decision only yesterday. This way they might come up with an excuse which is that I stayed this time illegally between August until they receive the new application.
What do you think?

You are not in UK illegally - you are in UK with your spouse who is exercising treaty rights.

You can read more about freeemovement here:
http://ec.europa.eu/justice/policies/ci ... nt_low.pdf
- for example see page 17

Thank you Noajthan , really appreciate your valuable information

[ASNUL]

Thank You for your help
I submitted a new application as advised by Home office consultant , it is a bit worrying me though, still think I should have appealed as my first visa I got from outside the uk allowed me to stay till August and I submitted the first application in July but received the decision only yesterday. This way they might come up with an excuse which is that I stayed this time illegally between August until they receive the new application.
What do you think?

You are not in UK illegally - you are in UK with your spouse who is exercising treaty rights.

You can read more about freeemovement here:
http://ec.europa.eu/justice/policies/ci ... nt_low.pdf
- for example see page 17

Sorry Noajthan, but one thing more is confusing me, I had a job interview yesterday and i provided the employer With the COA from the first application withthecase ID, unfortunately in the same day i received the decision with refusal , I'm sure that the HR department will check my eligibility for work, the question is when they check are they gonna be told with my first application decision or just about my eligibility of work?, it's confusing because the timing is not the best.

[noajthan]

Sorry Noajthan, but one thing more is confusing me, I had a job interview yesterday and i provided the employer With the COA from the first application withthecase ID, unfortunately in the same day i received the decision with refusal , I'm sure that the HR department will check my eligibility for work, the question is when they check are they gonna be told with my first application decision or just about my eligibility of work?, it's confusing because the timing is not the best.

Interesting question.

If 1st RC application was refused surely 1st COA has become invalidated.

You should be expecting a 2nd COA whilst 2nd RC application is being determined.

If no sign of your COA then this link is about requesting a replacement COA may help:
http://surinder-singh-route.info/how-do ... eplacement

There is general HO guidance here that covers the various types of COA & also the timelines for them to be issued:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

[Obie]

If you allow the deadline of your appeal rights to elapse, you will not be in a position to request a replacement COA. You will then need to wait until the new application has been processed and a new COA is issued.

If you appeal and reapply, then you will be entitled to a renewed COA, until the appeal or application is decided.

[ASNUL]

If you allow the deadline of your appeal rights to elapse, you will not be in a position to request a replacement COA. You will then need to wait until the new application has been processed and a new COA is issued.

If you appeal and reapply, then you will be entitled to a renewed COA, until the appeal or application is decided.

Obie, firstly, are you saying that I should be applying for a replacement COA within the appeal deadline and what is the procedure to be followed to do so?
And secondly , shall I appeal and reapply or follow one process of them only?

[ASNUL]

Sorry Noajthan, but one thing more is confusing me, I had a job interview yesterday and i provided the employer With the COA from the first application withthecase ID, unfortunately in the same day i received the decision with refusal , I'm sure that the HR department will check my eligibility for work, the question is when they check are they gonna be told with my first application decision or just about my eligibility of work?, it's confusing because the timing is not the best.

Interesting question.

If 1st RC application was refused surely 1st COA has become invalidated.

You should be expecting a 2nd COA whilst 2nd RC application is being determined.

If no sign of your COA then this link is about requesting a replacement COA may help:
http://surinder-singh-route.info/how-do ... eplacement

There is general HO guidance here that covers the various types of COA & also the timelines for them to be issued:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

Thank you Noa, however I'm still not sure about whether I should appeal or submit new app, I shall inform the employer about the situation bc it's the right thing to do so they would make their own decision, regarding the 2nd COA that confirms what the consultant from the home office said (( that I will have to wait till I get the COA of new app ))

[sandy88]

Hi ASnul,

i strongly advice do not listen to home office customer service representative because i had experience talking to them. one person say something if you talk to second person they will say something different. My EEA FM under process now, prior to that i have contacted EEA help line about health surcharge, the person on the otherside told me i have to pay, but the fact was if anyone making an application under EEA regulation do not have to pay.

you might consult a solicitor or go ahead with appeal, it may take long time but the home office wont throw you out as you are a family memder of an EEA national

[ASNUL]

Hi ASnul,

i strongly advice do not listen to home office customer service representative because i had experience talking to them. one person say something if you talk to second person they will say something different. My EEA FM under process now, prior to that i have contacted EEA help line about health surcharge, the person on the otherside told me i have to pay, but the fact was if anyone making an application under EEA regulation do not have to pay.

you might consult a solicitor or go ahead with appeal, it may take long time but the home office wont throw you out as you are a family memder of an EEA national

Hi Sandy,

The point is that they had the right to refuse my first application due to missing documents and registeration form as a jobseeker, which could be easily issued only if we knew, even though I believe they should have contacted us to out us in the right direction instead of waiting 6 months and then getting refusal, appeal was going to make worse because we did not supply them with all documents, we sent a new application with full documents this time on Thursday the 24th and it will be delivered on Wednesday coming due to vacations, I'm still worried though. This is why we are going to consult a solicitor but I don't want to appeal because it means that you are taking the case to the court, some people got refusal for their second application because of the decision of the appeal ! I think it depends on the case, is this your first application?

[sandy88]

hi Ansul,

this is my first application. hope everything goes okay. I have done everything through solicitors because i was scared to do my own. My partner is self employed recently and prior to that was working as an employee.
now i am waiting

[ASNUL]

hi Ansul,

this is my first application. hope everything goes okay. I have done everything through solicitors because i was scared to do my own. My partner is self employed recently and prior to that was working as an employee.
now i am waiting

Good luck sandy, you will be fine doing it through solicitors as they know what to do.
Update us

[sandy88]

hi Ansul,
thanks very much. as i have read through loads of people experience, i believe its luck really. i think home office also consider nationality when they process the application. One of my friend was polish and married to US citizen. And they received RC with in 3 months of application.

[ASNUL]

hi Ansul,
thanks very much. as i have read through loads of people experience, i believe its luck really. i think home office also consider nationality when they process the application. One of my friend was polish and married to US citizen. And they received RC with in 3 months of application.

When you said self employed, did you mean paying taxes and national insurance to the hmrc personally even if employed by an agency? Or running own business?

[sandy88]

Self employee pays taxes and national insurance by person or with the help of an accountant . If an agency pays tax and ni still classed as employee not self employee

[sandy88]

What nationality is your partner ?

[ASNUL]

What nationality is your partner ?

She is Polish, she has been working for an agency for 4 months, then she got a permanent offer from a company which we submitted the application with, in the meantime we sent her payslips from the agency from the last 4 months, the only weird thing is that the agency is deducting the ni but not the tax, they did for the first two weeks then they refunded it but they still deduct the ni, which is confusing.

[sandy88]

Hi Aansul,
good morning. i did not understand what you mean by Refund?
Home office just wants to know if the EU national excersing their treaty rights in the UK whoever live in the UK over three months according to EEA regulation. when you sent application, you can establish this by sending pay slip and bank statements.
it is not really matter where works or what is the wages are, as longs as work legally. paying tax is not a big deal as may be your wife did not earn much to pay tax. So NI deduction is fine (as it is evidenced in Payslips).

[sandy88]

Hi Ansul
Any feed back yet ?

[ASNUL]

Hi sandy , nothing yet, the just took the payment on the 4th of Jan , any news about yours?

[sandy88]

Hi Asnul,

thanks for your reply. i have not received anything yet. the coming 16th will be a month since my application been sent so i will wait until then i will give them a call just to chase up. As i paid through postal order, i would not know whether they have started processing my application. hope everything will be good.


Regards

[sandy88]

Hi Ansul,

finally i have received my Bio metric enrollment today

how about you?

[ASNUL]

Hi Sandy,

Good news,

Still nothing here !