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I think it's 28 days, at least that's what it is with UK visas as opposed to the EU ones.mina wrote:Hello everybody.
Unfortunately our EEA1/EEA2 application was refused,
so I have to leave the UK soon.
The letter from HO say:
If you do not wish to appeal against this decision, you should make arrangements to leave the UK without delay.
If you do not appeal and do not leave the UK we will remove you.
I'm not going to appeal, I accept their decision and am going to leave the UK.
but they don't say how many days I have to make arrangements to leave the UK clearly.
Do anybody have any idea how many days??
I can not be delay otherwise I'll be banned to come back.....
Could anybody help me please?
Thank you!
Hang on a minute, on what basis where you refused. Perhaps your refusal was unjustified, you need to check it.mina wrote:Hello everybody.
Unfortunately our EEA1/EEA2 application was refused,
so I have to leave the UK soon.
The letter from HO say:
If you do not wish to appeal against this decision, you should make arrangements to leave the UK without delay.
If you do not appeal and do not leave the UK we will remove you.
I'm not going to appeal, I accept their decision and am going to leave the UK.
but they don't say how many days I have to make arrangements to leave the UK clearly.
Do anybody have any idea how many days??
I can not be delay otherwise I'll be banned to come back.....
Could anybody help me please?
Thank you!
I can see here self-sufficiency -- to some degree at least. Did you show HO how much savings you had? How long would the savings and other income be enough to pay your bills? There is also an online business which could qualify as self-employed?mina wrote:He's been supporting himself and me with his saving money and online business,
we managed to pay the rent, bills and live our life.
Also He's been looking for a stable job but it's very very difficult recently,
we managed living without public funds
Therefore UK border agency 6 months rule for finding employment, or proceeding with expulsion measures because someone has been unable to find employment within their set 6 months rule, is incompatible with EU rules.[b] Directive 2004/38EC[/b] wrote:
Article 14
Retention of the right of residence
4. By way of derogation from paragraphs 1 and 2 and without prejudice to the provisions of
Chapter VI, an expulsion measure may in no case be adopted against Union citizens or their family
members if:
(b) the Union citizens entered the territory of the host Member State in order to seek employment.
In this case, the Union citizens and their family members may not be expelled for as long as
the Union citizens can provide evidence that they are continuing to seek employment and that
they have a genuine chance of being engaged.
The "six months rule" isn't the only criterion in the 2006 Regulations, which actually provide as follows:-Obie wrote:Therefore UK border agency 6 months rule for finding employment, or proceeding with expulsion measures because someone has been unable to find employment within their set 6 months rule, is incompatible with EU rules.[b] Directive 2004/38EC[/b] wrote:
Article 14
Retention of the right of residence
4. By way of derogation from paragraphs 1 and 2 and without prejudice to the provisions of
Chapter VI, an expulsion measure may in no case be adopted against Union citizens or their family
members if:
(b) the Union citizens entered the territory of the host Member State in order to seek employment.
In this case, the Union citizens and their family members may not be expelled for as long as
the Union citizens can provide evidence that they are continuing to seek employment and that
they have a genuine chance of being engaged.
They are supposed to ask for further evidence that the EU family member is seeking employment and has a realistic chances of finding one. Even if that takes a year or longer, it is fine, and as long as they don't pose an unreasonable burden on state fund
100% agreed with you. OP needs to take prompt action.Mr Rusty wrote:The "six months rule" isn't the only criterion in the 2006 Regulations, which actually provide as follows:-Obie wrote:Therefore UK border agency 6 months rule for finding employment, or proceeding with expulsion measures because someone has been unable to find employment within their set 6 months rule, is incompatible with EU rules.[b] Directive 2004/38EC[/b] wrote:
Article 14
Retention of the right of residence
4. By way of derogation from paragraphs 1 and 2 and without prejudice to the provisions of
Chapter VI, an expulsion measure may in no case be adopted against Union citizens or their family
members if:
(b) the Union citizens entered the territory of the host Member State in order to seek employment.
In this case, the Union citizens and their family members may not be expelled for as long as
the Union citizens can provide evidence that they are continuing to seek employment and that
they have a genuine chance of being engaged.
They are supposed to ask for further evidence that the EU family member is seeking employment and has a realistic chances of finding one. Even if that takes a year or longer, it is fine, and as long as they don't pose an unreasonable burden on state fund
"(2) A person who is no longer working shall not cease to be treated as a worker for the purpose
of paragraph (1)(b) if—
(b) he is in duly recorded involuntary unemployment after having been employed in the
United Kingdom, provided that he has registered as a jobseeker with the relevant employment office and—
(i) he was employed for one year or more before becoming unemployed;
(ii) he has been unemployed for no more than six months; or
(iii) he can provide evidence that he is seeking employment in the United Kingdom and has a genuine chance of being engaged;"
So the requirement that you mention is there. Obviously the caseworkers have to make a judgement about what is "a genuine chance of being engaged". It's hard to express an opinion in the OP's case as to whether they have made the correct decision, but my point is that even though UKBA have asked her to leave the country, there is no time limit and the arrangments for compelling her to do so are not really coherent. Thus if she and her husband think that they can re-present a credible case for residence, she can remain here to do it. Best not to delay too long, though.
Actually no. They may have written to you that they will remove you but there is obviously no effective mechanism to do so.mina wrote:Bacically you guys are saying that the HO is not following EU rules?
Either way you will have to demonstrate that you are exercising your treaty rights in some way. So far you have been basically self-sufficient by living off your own money and not claiming any benefits but that would also require private health care in the reading of the HO. For the job seeker clause pointed out above to work you will also have to show a genuine chance of getting a job. Anyway, you will need to work out a long-term perspective...mina wrote:If my husband find a job next week for example, can I make a application again from here? or is it worth to appeal?
You certainly can.mina wrote:Hello guys, thank you for reply!!
The law and rules are so complicated for me....
Well, I entered the UK with 6 months EEA Family Permit from Rome
and before it's expired I applied EEA2.
Bacically you guys are saying that the HO is not following EU rules?
If my husband find a job next week for example,
can I make a application again from here? or is it worth to appeal?