Forwarded to Removals Unit

[manoloito]

Hi all,

I'm on a temporary stamp 4 eufam and a few weeks ago I received a letter saying that the Minister won't continue with my application as I did not provide a required document. I was forwarded to the Removals Unit which is very scary. More on this later.

I went to a solicitor who advised me to start a new application. I did and just received a letter saying the Minister refused my application based on Regulations 7(1)(b). I started this application with the date I arrived at the state XX/12/2015. The letter finishes forwarding me to Review Unit.

The only documentation about the regulations of free movement I have found was this ONE. If I'm not wrong, the Regulations 7(1)(b) is as follows:

Residence card for family member who is not a national of a Member State

7. (1) A family member who is not a national of a Member State—

(a) may, within 3 months of the relevant date, apply to the Minister for a residence card, and

(b) shall, where an application under paragraph (a) has not been made within the period specified in that paragraph, before the expiry of 4 months after the relevant date, apply to the Minister for a residence card.

(2) In paragraph (1), the “relevant date” means—

(a) in the case of a qualifying family member, the date on which he or she—

(i) entered the State as a qualifying family member, or

(ii) having already been in the State, became a qualifying family member,
and
(b) in the case of a permitted family member—

(i) the date on which he or she first entered the State as a permitted family member, or

(ii) where he or she was present in the State on the date on which the Minister decided that he or she should be treated as a permitted family member, that date.

I'm kinda lost right now. The last letter makes me feel that I did something wrong putting the date I arrived at the state. Can I get any thoughts on this or on my whole situation? Do you think they can send me away even with my wife in the state?

Some other information about my first application.

On my first application, before the last result, I have sent to Review Unit two separate envelopes. One containing one payslip, employment contract and a letter describing the contents of the envelope. A second one with one payslip and also a letter describing the contents. I have never received any letter saying they received the two envelopes. For this reason, I thought that start a new fresh application was a good idea as I have the opportunity to show all documents that I have on my possession to get a residence card.

The required document that was not sent according to INIS was a health insurance on my name as I started the application with my wife's studying, which is not the case for 10 months now. Although, I have a letter stating they received the health insurance from me on a certain date. I don't think this is too important as I was trying to change the current activity of EU from student to employed. I think INIS just used a bad excuse to deny my application but maybe this can be useful somehow.

My wife is still on the state with no intention to leave. We share the same desire.

Thanks in advance for all comments.

[arz1986]

did you put your first application EU1 form, within three months of arrival in state? if you are qualifying family member than 3 months is timeframe.
I think first refusal is made on this base as well.
marriage date is before 12/2015, i think they r right.
senior member advise more.

[manoloito]

did you put your first application EU1 form, within three months of arrival in state? if you are qualifying family member than 3 months is timeframe.
I think first refusal is made on this base as well.
marriage date is before 12/2015, i think they r right.
senior member advise more.

Yes, I did. On the same month actually.

I'm in contact with a Solvit solicitor to try to solve this issue. And, at the same time, I have another solicitor helping me to write the review.

There is nothing more I can do, I think.

[arz1986]

I applied for my mother case it is refused and review as well, It is forwarded to repatriation unit, then my solicitor write a letter to repatriation with refusal letter, try to send proof of that allegation. in my case, allegation is she is not financial dependent on me prior to state, I try to cover it with medical evidence. I try to cover up your allegation, take legal advise. new application without substantial change in evidence is useless.