Can I re-apply to residence card EEA2 instead of appeal?

pol · Post by **pol** » Sat Mar 26, 2011 9:24 pm

Hi,
My son and wife just got refused their application for a residence card EEA 2.
They sent us a letter saying that I'm not exercising treaty rights. We sent extra documentation instead of appealing trying to proof that I am exercising treaty rights as a self-employed. We just got a second letter back saying they didn't consider the extra documents and that the decision they made was right at the moment the application was sent, therefore they refused the application again.

We received most of the documents sent with the application except for my wife and son passports.
By now, they have been more than 6 months in the UK, and the permit they have on their passport is expired. In the letter confirming the process of application they said they had the right to stay in the UK until they process the application.

Right now we have about 10 more days to appeal.

My question are:

Can we just not appeal and send a new application?

Do they still have the right to stay in the UK if they have refused the application?

My wife has been working since we got the application confirmation letter, Is she still allowed to work?

If we appeal and we loose the case, what else could we do?

I would really appreciate any advice on this,

Best Regards

Paul

PS: I'm an Italian citizen.

mall · Post by **mall** » Mon Mar 28, 2011 12:38 pm

i didnt appeal when my application for residence card was refused.i re applied by adding the documents that was required in the refusal letter and got my rc after 5months,may be this helps

pol · Post by **pol** » Mon Mar 28, 2011 2:46 pm

mall wrote:i didnt appeal when my application for residence card was refused.i re applied by adding the documents that was required in the refusal letter and got my rc after 5months,may be this helps

Thanks you so much. I have been researching and re-apply seems our best bet.
The only thing I'm a bit confused. Since my wife received the first Certificate of Application she's has been allowed to remain and work in the UK. By now, her visa is expired already, although she's still allowed to be here until we decide either to appeal or reapply I understand. Is she still considered to be legally present in the UK so she can send a new application?
Thanks you so much for your help.

Paul

pol · Post by **pol** » Mon Mar 28, 2011 2:50 pm

mall wrote:i didnt appeal when my application for residence card was refused.i re applied by adding the documents that was required in the refusal letter and got my rc after 5months,may be this helps

I forgot to ask, did you get a new certificate of application allowing you to work when you reapplied?

mall · Post by **mall** » Mon Mar 28, 2011 4:37 pm

yes,i got a new cert of application when i re applied.

pol · Post by **pol** » Tue Mar 29, 2011 2:41 pm

mall wrote:i didnt appeal when my application for residence card was refused.i re applied by adding the documents that was required in the refusal letter and got my rc after 5months,may be this helps

Her visa is expired already, Is she still legally entitled to submit a new application? (10 days to submitted appeal haven't passed yet)

I'd really appreciate your answer.
Thanks

86ti · Post by **86ti** » Tue Mar 29, 2011 3:20 pm

Please avoid duplicates and do write from a single person's perspective.

Post by **geriatrix** » Tue Mar 29, 2011 4:03 pm

Agreed.

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Can I re-apply to residence card EEA2 instead of appeal?

Can I re-apply to residence card EEA2 instead of appeal?