EEA1/EEA2 refused how long do I have to leave the UK?

[mina]

Hello everybody,

I am looking for an advise for EEA1/EEA2 applications.

I am Japanese female married to Italian and living in the UK.
We sent the HO our joint applications of EEA1 and EEA2 end of September 2008.
It's been 9 months and my husband received a letter from them say:


Having assessed the application and documents supplied
I am writing to request that you supply the following additional information:

*Evidence that you are exercising a Treaty Right in the UK as,

a worker(i.e.provide a recent wage slip or employer's letter)
a self-emproyed person(i.e.provide audited accounts
or evidence of paying National Insurance Contribution to Revenue and Customs)
a student
an economically self-sufficient person(i.e.please demonstrate that you have sufficient funds
so that you/your family members are not a burden on public funds-supply either evidence of your pension&/
or your last 3 months bank or building society statements)
We also require evidence of fully comprehensive medical insurance for you and your family members.


He has to send a document within 14days.(we have 6days now)

The problem is he can't provide any of these documents at the moment....
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,
there are lot of job in black but of course he can't take it so there are a little choice.

If he can't find a job in time the HO don't wait any more
and refuse my visa and I have to leave UK?

Do you think they will give him a second chance if he explain how hard to look for a job this recession time,
and we managed living without public funds?

What do you think? Please give us an advise, it's urgent!!!

Thank you

[JA13I]

If you can show sufficient bank balance, then you should be able to claim that you are self-sufficent.

Also Job-seeking is a also a valid treaty right according the UK interpretation of the EU rules.

[mina]

Jabi, thank you for your reply!!

I worry that my husband's been a "job seeker" for too long,
but I hope the HO will understand our situation.

Thanks!

[mina]

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!

[meats]

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 think it's 28 days, at least that's what it is with UK visas as opposed to the EU ones.

[mina]

Hello meats,
Thank you very much for a quick response!

28 days!?
That's longer than I expected and makes me feel better!
I thought it's 10 days or something because I have 10 working days to make a decision to appeal or not.

This is good. Thank you!

[Obie]

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.

You husband is allowed to be a Jobseeker for a period of up to six months and that should not affect your residency application. Also if he has sufficient resource to be in the UK, you only need to supply them a Bank statement and proof of medical insurance, for that requirement to be fulfilled.

Was it because he was unable to find a job that you were refused?

Please tell me there is more to it than that.

[86ti]

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

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?

What documents did you actually send to HO?

[mina]

Hello Obie and 86ti,
Thank you for your response!

The reasons I was refused are:
We failed to provide private medical insurance as a self sufficient person and my husband failed to find a job in six months since we sent our application in Sep 2008.

I'm going back to Japan and make a fresh application again.

I just wanted know how many days I have to leave the UK after refusal. Do you guys think 28 days is right?

[Mr Rusty]

I think it depends on how you entered the UK in the first place.

I wonder if you came with an EEA Family Permit, which is why they have not specified any particular date by which you must leave, because they can't.

EEA Nationals and their family members are not given "Leave to Enter or Remain" under UK Immigration Rules, so if someone has an EEA Family Permit which expires, they are not an "overstayer" as defined under S24 1b of the Immigration Act 1971, and can not be arrested for an immigration offence. I suspect that if you came here as, say, a visitor or a student, and that permission to stay has expired while you have applied for EEA Residence Card, in addition to refusing you the Residence Card, they would also have served you with a notice as an overstayer and you would have to leave within 28 days.

So if your stay here has been entirely under EEA Regulations, all UKBA is saying to your husband (and therefore to you) that you are no longer "qualified persons" under the Regulations. Section 19.3a of the Regulations states that if someone no longer has a right to reside under EEA rules they may be removed, and Section 24(2) provides for an administrative removal. However, there is no actual specified offence for which someone in your situation can be arrested, so in practice there is no mechanism by which they can forcibly remove you.

Therefore, unless they write to you again and serve any more notices or give you a specific date to leave the country, and if you think that your husband can either get a job within the next few months, or prove that he is "self-sufficient", then don't leave, simply apply again when you come within the Regulations.

[Obie]

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.

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.

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

[Mr Rusty]

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.

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.

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

The "six months rule" isn't the only criterion in the 2006 Regulations, which actually provide as follows:-

"(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.

[keshgrover]

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.

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.

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

The "six months rule" isn't the only criterion in the 2006 Regulations, which actually provide as follows:-

"(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.

100% agreed with you. OP needs to take prompt action.

[mina]

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?

[86ti]

Bacically you guys are saying that the HO is not following EU rules?

Actually no. They may have written to you that they will remove you but there is obviously no effective mechanism to do so.

If my husband find a job next week for example, can I make a application again from here? or is it worth to appeal?

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...

[Mr Rusty]

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?

You certainly can.

[Valiul]

Hello MINA!
I am Vicky and I have the same situation as you, have been refused EEA2 and EEA1, we send application to Tribunal to Appeal. but some people said we can withdrawn us application and make new one.
Just want you to ask what you did in yours situation???

http://www.immigrationboards.com/viewto ... 344#355344



thank you