Residence Card refusal and removal question

[anvish]

Hi

My wife application for EEA FM is refused but with 14 days appeal time,

reason was,
(a) centre of life (I provided all document in original) and she applied for visit visa before 2 time and denied

(B) length of stay in eea host country ( 8 months +)

(c) nature and quality of our accommodation in eea host country was not principal residence and they found that I have used my UK house address before for visit visa application ( I have no idea what my UK address previous application do with this EEA FM)

what should I do

is there any case before that I can look for a solution asap ?

thanks

[noajthan]

You are evidently one of the first now subjected to the November 2015 EEA Regs changes:
https://www.gov.uk/government/uploads/s ... ns-_v1.pdf

You might be being seen as attempting to circumvent UK domestic regulations.

You can't go back in time, (extend your stay in Eire, dispose of UK home etc) so unclear where you can go with this.
Unless you take on HO and challenge the Regulations.

[anvish]

well if I appeal through a solicitor ... will that work?
what if my wife stay on in UK .. is there any problem of removal?

[Obie]

I think the decision is clearly unlawful as 8 months residence is clearly substantial.

I believe many people will have to rely on direct effect of EU law, as the changes and their application are clearly non -compliant with EU law.

[anvish]

how can i move with appeal... ? my wife is pregnant now it is not good to travel this time gp and everything is registred in uk .. i have to appeal this.. any solution ?

[Obie]

how can i move with appeal... ? my wife is pregnant now it is not good to travel this time gp and everything is registred in uk .. i have to appeal this.. any solution ?

Surely, the solution is to appeal.

Things will improve when the baby is born, in the worst case scenario.

[anvish]

is there any out of country appeal problems in my case ? because this is EEA immigration .. Is my wife allow to stay more even without the resident card ?

thanks

[MrSlyFox]

is there any out of country appeal problems in my case ? because this is EEA immigration .. Is my wife allow to stay more even without the resident card ?

thanks

If your asking if your wife has an in-country right of appeal then yes she can appeal from within the UK.

European Decisons, page 29- https://www.gov.uk/government/uploads/s ... l-v4_0.pdf

[anvish]

Hi

My wife applied for SS route resident card and got refused and appeal is pending. I am british citizen and my wife is non eea national my question is, will my wife (she is also pregnant now) need to face any removal from (HO) UK?

Thank you

[Obie]

There will be no removal. Stay relaxed and wait until the baby is born.

[anvish]

Hi.
My baby is 7months now... Just got appeal hearing date is on April 26.. I am submitting a post in the forum after a gap.. Because was waiting for hearing date.. I am wondering what will we need to face on hearing day.. I got all original paper works with me from Ireland..
Thanks