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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.ASNUL wrote: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
You are not in UK illegally - you are in UK with your spouse who is exercising treaty rights.ASNUL wrote: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?
Thank you Noajthan , really appreciate your valuable informationnoajthan wrote:You are not in UK illegally - you are in UK with your spouse who is exercising treaty rights.ASNUL wrote: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 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 wrote:You are not in UK illegally - you are in UK with your spouse who is exercising treaty rights.ASNUL wrote: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 can read more about freeemovement here:
http://ec.europa.eu/justice/policies/ci ... nt_low.pdf
- for example see page 17
Interesting question.ASNUL wrote: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.
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?Obie wrote: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.
noajthan wrote:Interesting question.ASNUL wrote: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.
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
sandy88 wrote: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
Good luck sandy, you will be fine doing it through solicitors as they know what to do.sandy88 wrote: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
sandy88 wrote: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.
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 wrote:What nationality is your partner ?