Unmarried partner visa processing - entry refused!!!

[bamarek]

Hi,
to make it short my Australian partner has been refused entry to the UK after a short trip abroad. Our EEA2 application is being processed but she got her passport to go for friend's weeding in Poland.
The ground to refuse the entry was that she mentioned she had some part time job since we applied for the visa. We were told by HOme Office (and confirmed on this forum) that she could work while the application is with Home Office and that is why she did not try to hide this fact. Immigration at the border said she was not allowed to work and now she has 3 days to leave the UK.

What should we do? Is it better to do something now or let her get back and try to get an entry clearance in AUS? Will this refusal change the way our application is looked at?

[Wanderer]

If she was in UK as a visitor she can't work can she?

[bamarek]

Well, that is the problem. I called the Home Office on numerous occasions and we were told that she could work.

[Wanderer]

Well, that is the problem. I called the Home Office on numerous occasions and we were told that she could work.

Never believe what anyone tells you on the phone - get it in writing. Too late now of course....

I dunno the options with VV's best wait for others.

[bamarek]

Can you please clarify something for me? Would it make sense for my partner to apply for EEA Family Permit when she gets back to Australia in 2 days?
It is usually other way round and couples apply for EEA FP before EEA2 visa. We did opposite and now EEA2 application is being processed but she still has to go back to Australia to get a clearance to even enter the country as a tourist for 3 months.

Also, something does not make sense to me. If you apply for EEA FP first and then apply for EEA2 in say 5 months, you will only be able to work for a month as FP is valid for 6 months (if HO does not allow you to work when EEA2 is being processed). I just cannot believe that the versions about work permission when you wait for EEA2 are so different

[bamarek]

UPDATE

Unexpectedly things changed upside down. Someone from central unit of Immigration called my partner saying the case will be overturned as she was treated unfairly. She was not given too much explanation except that all was wiped out from the system and she should not have problems to get back to join me in the UK, even without entry clearance.

When we picked the passport it was Leave to enter stamp there. She has just left the UK for 3 weeks but I have some concerns that the same situation may happen again when she comes back. Lack of the explanation from their side was a bit dodgy.

Also, I revied HO website to find out if she can work provided that she will get Leave to enter again. She can enter as a self-sufficient person so to me can be treated as "qualified person". Family members having "qualified person" status can work but unmarried partners are considered external family members. Is this the same from work perspective???

[farneybunny]

Immigration at the border said she was not allowed to work and now she has 3 days to leave the UK.

Does that means she was let in but given 3 days to leave the country? Was she an overstayer?