EEA FM REFUSED REEAPPLIED AND REMOVAL LETTER

[Robertk]

Hi ,I am a EU family member and my timeline is :
15th June 2016 ENTERED UK (leave to Remain)
10th September 2016 applied for EEA FM
15th december 2016 my visa experied
22th February 2017 EEA FM was refused with right to appeal or a right to a further application
20th March 2017 new EEA FM apllication
28th April 2017 received a removal letter (HO Sheffield) , I must leave UK in 7days
03th May 2017 contacted my solicitor and we sent a letter to HO Shefflield
to contact the HO Liverpool.
04th May 2017 Sent an email to HO asking about my biometrics letter
I asked my solicitor if I must leave or remain in the UK . He said that I must remain because
I have a new application and I am still waiting my biometrics letter.
I have many doubts about what I must do . Is there anyone that could suggest what could I do?

[CR001]

What 'leave to enter' did you hold when you came to the UK?

Who is your 'EU FM' sponsor, what relation to you?

[Robertk]

I have leave to enter for six months stamped in my passport when I entered in UK.My Sponsor is my wife.She is an Italian.My Son lives with her and he is Italian too.

[CR001]

Do you mean you came in on as a visitor??

What is your nationality?

How long has your wife lived in the UK?

When did you get married?

Is your wife exercising her treaty rights?

Why did you not apply for a EEA Family Permit from your home country?

[Robertk]

Yes I entered into uk as a visitor.I am Brazilain. My wife has been in UK since 2014 .I got married in Brazil 20 years ago.I was visiting my wife and my son 5 times per year and when i came in june 2016 I decided to apply in UK.Yes She is exercising her treaty rights , she got a certificate of registration an she has the same job for 3 years.

[CR001]

What was the exact reason for refusal?

[Robertk]

The refusal was because we forgot to send her payslips but we have the right to appeal or to make a futher application

[Obie]

A right of appeal on paper, may on average be quicker than a new application, and it would have prevented this.

If you used a solicitor, i wondered why he did not send payslips.

[Robertk]

At that time in 2016 I made the application by myself .I didn't send the payslips because when my wife sent her application for her certificate she didn't send the payslips either and she received her certificate from the HO.

[Chelsuz85]

obie, I have seen several instances where you mentioned "appeal on paper" - Is this different from logging appeal online? What is the difference if there is any.

[Zimsparta]

obie, I have seen several instances where you mentioned "appeal on paper" - Is this different from logging appeal online? What is the difference if there is any.

I d love to hear this answer.

[Chelsuz85]

obie, I have seen several instances where you mentioned "appeal on paper" - Is this different from logging appeal online? What is the difference if there is any.

I d love to hear this answer.

A right of appeal on paper, may on average be quicker than a new application, and it would have prevented this.

If you used a solicitor, i wondered why he did not send payslips.

Guess we are waiting on Obie then.

[Obie]

Appeal on paper essentially means a consideration of your appeal on the basis of submitted documents rather than at an oral hearing which at present has a turnaround time of about 18 months.

It is not the same as online submission, which is the means by with a person gives notice of intention to appeal the decision of the executive.

[Chelsuz85]

Appeal on paper essentially mwas a consideration of your appeal on the basis of submitted documents rather than at an oral hearing which at present has a turnaround time of about 18 months.

It is not the same as online submission, which is the means by with a person gives notice of intention to appeal the decision of the executive.

Oh k, now I get it... - You mean getting your appeal resolved on paper and not oral (court appearance). So during filing of appeal online,, you chose the cheaper and according to Obie quicker option which is "Paper hearing"

Thanks for the clarification. Another question, can one opt for paper after originally filing for oral hearing?