RC refused, appeal or new application

[hortuspyrex]

I am a non-EEA nationality and holding a Tier 4 visa now, which expires on 1 February 2019 dating on the BRP. Me and my boyfriend who is a EEA nationality will get married soon so I will be able to apply for residence card in UK. Here is the problem, I really need to leave UK for my country in December, and that leaves me two options: either apply for EEA family permit outside UK, or come back to apply residency inside UK after the trip.

My question is, is it possible to re-enter on Tier 4 visa when the expiry date is less than one month, but I tell the immigration that I am going to apply for residence because I am a family member of a EEA person? (We will come back to UK together not me alone, might be more...convincing?)

I understand it is hard to re-enter the country if the course has already ended and not to say that it is almost expired, and getting the family permit before coming back is the safest way, but I just wanted to check if this will be another option, after all it is kind of painful to pay for the rent in UK yet waiting for an unknown amount of time for the permit outside of UK.....

Thanks.

[hortuspyrex]

Hi guys,

I am right now staying in UK holding a Tier 4 visa, and it will expire in 2 days. I have sent in the EEA (FM) application 2 days ago and the application fee has been deducted from my bank account already. Right now I am looking for a job but I am slightly confused about what kind of status will I be in 2 days, after T4 expires, but before I get the CoA which allows me to work.

Does that mean I have nothing to prove that I have to right to live and work during this period?

Thanks!

[kamoe]

Right now I am looking for a job but I am slightly confused about what kind of status will I be in 2 days, after T4 expires, but before I get the CoA which allows me to work.

If you are a family member, you are fine, as you have automatic rights.
If you are an extended family member, you will be an overstayer. It does not matter if you have already applied, unlike other immigration routes, the EEA route is not a "visa" but a confirmation of your rights to stay. So the fact of having applied to "extend" your stay does not really cover you, as until your application is process and that is not confirmed, you do not have the right to stay.

Does that mean I have nothing to prove that I have to right to live and work during this period?

Pretty much, yes. Again, if you are a direct family member you can hold on to automatic rights conferred by that family status (like a marriage certificate), but otherwise, no, no way to prove your right to stay.

[hortuspyrex]

Million thanks Kamoe!! I am a direct family member so i guess i can relax a bit now!

[hortuspyrex]

Hi all,
I understand I will not get any absolute answer in this group, but just wanna ask for some opinions.

I am non-eea applying for RC, my husband is my sponsor. I got the CoA with work 14/2, yet still no sign of getting the card. I am slightly worried considering so many people got the card within 2-3 weeks after receiving the CoA.

My case is, I was a Tier 4 visa holder coming to the UK October 2017, and then met my husband, start dating immediately, and decided to get married in October (gave notice). He is self-employed; he often jokes that if he had a proper job, I could have already got the card. I did sent in pictures of me spending Christmas with his family, and he going on a vacation with my family (and other documents of course), so this case might look less fishy. (getting married just after one year knowing each other)

If I really get refused, It is also about time to receive something from them no?

Any comment will be reallllllly appriciated!!!

[arianaaa]

I am in exactly the same situation - got my CoA on 15/02 and nothing since. My husband is actually fully employed but we only had 1 pay slip because he started his job not long before I applied for the RC. I am also currently on a Tier 4 - expiring in May.

I am getting nervous too because some people on the timeline thread have received their RC even if they applied after me/got CoA a week later! Annoyingly, we just have to wait as the HO's timeline is 6 months.

[hortuspyrex]

I am in exactly the same situation - got my CoA on 15/02 and nothing since. My husband is actually fully employed but we only had 1 pay slip because he started his job not long before I applied for the RC. I am also currently on a Tier 4 - expiring in May.

I am getting nervous too because some people on the timeline thread have received their RC even if they applied after me/got CoA a week later! Annoyingly, we just have to wait as the HO's timeline is 6 months.

It really sucks; I am literally like "What the hell! WHY!" every time I opened the mail box and see nothing, while the timeline thread gets more and more like "got the card in three weeks!" or "It was really fast" thing. Urgh . Finger crossed!

[arianaaa]

I am in exactly the same situation - got my CoA on 15/02 and nothing since. My husband is actually fully employed but we only had 1 pay slip because he started his job not long before I applied for the RC. I am also currently on a Tier 4 - expiring in May.

I am getting nervous too because some people on the timeline thread have received their RC even if they applied after me/got CoA a week later! Annoyingly, we just have to wait as the HO's timeline is 6 months.

update - i got my visa and documents returned today - hang in there!

[hortuspyrex]

I am in exactly the same situation - got my CoA on 15/02 and nothing since. My husband is actually fully employed but we only had 1 pay slip because he started his job not long before I applied for the RC. I am also currently on a Tier 4 - expiring in May.

I am getting nervous too because some people on the timeline thread have received their RC even if they applied after me/got CoA a week later! Annoyingly, we just have to wait as the HO's timeline is 6 months.

update - i got my visa and documents returned today - hang in there!

Congrats!!!!

[hortuspyrex]

So after a while of waiting, we got our EEA2 RC refusal letter. And because of some confusion with the concierge, we only got the package just today, while the date on the letter is 11 March; that leaves us only one day left for the appeal.

My question is at this moment, is it better to appeal? or make a new application? or the pre-settled (but I heard this one you need to have the RC first to apply?)

Thanks!

[CR001]

What was/were the reasons for refusal??

[hortuspyrex]

What was/were the reasons for refusal??

It says on the letter "Do not have adequate evidence to show that I am the family member of a person exercising Treaty rights in the UK as a self employed."

The tricky part is, he is a self-employed teacher/tutor, so basically he does not really have a formal contract for his business, nor is there any need for like advertisement or flyer for his business that can be a proof of business is currently trading. The only evidence of his trading is probably the Tax return and the NI contribution, which we sent in.

He has been working like this in the UK for three and a half year though.

My other question is, do I still have automatic right to reside in UK? Also, can I still use the CoA with work that issued in this case as a form to proof the right to work?

[Ugosonic]

What was/were the reasons for refusal??

It says on the letter "Do not have adequate evidence to show that I am the family member of a person exercising Treaty rights in the UK as a self employed."

The tricky part is, he is a self-employed teacher/tutor, so basically he does not really have a formal contract for his business, nor is there any need for like advertisement or flyer for his business that can be a proof of business is currently trading. The only evidence of his trading is probably the Tax return and the NI contribution, which we sent in.

He has been working like this in the UK for three and a half year though.

My other question is, do I still have automatic right to reside in UK? Also, can I still use the CoA with work that issued in this case as a form to proof the right to work?

From what I got from the reason given is that you didn't present an adequate proof that you are a member of his family. Did you submit marriage certificate and other form of evidence to show you are now his wife or both of you are partners