EEA2 Refused

[wl786]

Hello every body
In this post I am writing about one my friend, he got married with EU wife
in June 2007 after 9 month he received a letter from home office for interview,
In interview he was refused for RC, then he contact with solicitor.
But his case was refused in court as well because her wife was not working that time.
So his solicitor submitted his case again in home office about 6 months before and he recive acknowledgment and still he is waiting for decision.
3 years of his marriage will complete in June 2010.
So any one have any idea what should he do now and what is his future now?
Is he entitled to be granted RC or PR?
Or be refused?
Your valuable reply will be highly appreciated
Thanks

wl

[86ti]

So how do they think they are exercising their right of free movement? Your posting lacks information. All we know now is that the wife was not working at some time in the past.

[wl786]

At court the judge last question was that? are you (she) working? and she Reply that at moment I am not working, but they provide full documents and so now what will happened?
Will his case be successful?
And how long they should wait more?
And what more documents they can ask more?

[Ben]

If the EEA national is not exercising a Treaty right (not working, not self-employed, not enrolled in a course of study and not economically self-sufficient), she herself does not have the right to reside in the UK for longer than 3 months, let alone her family member(s).

[Obie]

I think the judge should have asked the question in a better way like " In what capacity are you exercising treaty rights in the UK" rather than "are you working". Someone could not be working and still exercising treaty rights in the UK.

[Obie]

I think the judge should have asked the question in a better way, like " In what capacity are you exercising treaty rights in the UK" rather than "are you working". Someone could not be working and still exercising treaty rights in the UK.

[86ti]

What nationality is the EU wife? How are they supporting themselves (financially) at the moment? Why did the solicitor think that he/she had/has a case?

You only obtain PR after having exercised treaty rights for a continuous period of 5 years.

[hopeless2009]

I think if the wife is economically self sufficient and she is a job seeker then there is some hope.

[Ben]

economically self sufficient

..and has comprehensive sickness insurance cover for herself and her family members.