Can you apply twice for an EEA2?

[vijylpm]

Hi,

Following her EEA2 expiring end of last year, we applied for an EEA4 for my wife, but she got a refusal yesterday because she was out of the UK for a more than 6 Months. between 2009 and 2010.

We have the right to appeal, but I doubt we will be successful (although we have a child together who was born in the UK, so we might give it a try).

My question is since we did not qualify for an EEA4 because she did not live in the UK for a continuous 5 years, are we OK to reapply for an EEA2?

Alternatively, is there any other VISA she could apply for?

Thanks for your help,
Kind Regards
Patrick

[sheraz7]

Hi,



My question is since we did not qualify for an EEA4 because she did not live in the UK for a continuous 5 years, are we OK to reapply for an EEA2?

In this situation a non-eea national can apply another EEA2 RC with the current evidences of the treaty rights of EEA national with the same procedure as she get the EEA2 RC at 1st time.

[zubby007]

[quote="vijylpm"]Hi,

Following her EEA2 expiring end of last year, we applied for an EEA4 for my wife, but she got a refusal yesterday because she was out of the UK for a more than 6 Months. between 2009 and 2010.

We have the right to appeal, but I doubt we will be successful (although we have a child together who was born in the UK, so we might give it a try).

My question is since we did not qualify for an EEA4 because she did not live in the UK for a continuous 5 years, are we OK to reapply for an EEA2?

Alternatively, is there any other VISA she could apply for?

Thanks for your help,
Kind Regards
Patrick[/quote]



If you could share more lights what was said in the Refusal letter

[vijylpm]

"If you could share more lights what was said in the Refusal letter"

Thanks for your reply.
The official answer was "In regards to your residence, it is required of an Non-EEA national to reside in the UK for 5 continuous years. However , from the evidence provided and as stated in your EEA4 application form, you left the UK for 8 months and 7 days"

They have said we can appeal, but based on the reason for the refusal, I doubt it is worth it, and therefore was wondering if I could apply twice for an EEA2.

[EUsmileWEallsmile]

What was the reason for the extended absence? This may be important.

Yes, you could get another residence card.

[vijylpm]

Thansk for your reply.
We got married abroad, so she had to make all the arrangements and she also wanted to sort everything out overthere before moving permanently here.
It seems none of these reasons are valid reasons to justify such a long time out of the UK, and we accept this (military service, pregnancy, serious illness would have been a valid justification).

I guess we are going to need to re-apply for an EEA2 hoping it will go through.
On the refusal letter they also seem to suggest to apply for an FLR (O) for the 5 year parent, since we have a baby (well I assumed this was the reason they mentioned it). Has anyone got any experience about this? I will continue to look around to understand whether this might be an option.

Thanks once again.

[Jambo]

There is no point to apply for FLR(O). No idea why they gave that as advice.

I assume that you don't have issues of 5 continuous years? Then you can apply for EEA3 (PR confirmation) now (or together with the EEA2 application). It would save you to need to continue exercise treaty rights (if for example you become unemployed).

Was the 8 months absence in one visit? Didn't she visit the UK in between? You might be able to slide the qualifying years so the absences would fall in two different residence years (each year has a 6 months allowence). I have no experience if this would work but with the right supporting documents it might.

[Obie]

I don't believe you will qualify for PR. It appear you might have inadvertently nailed your own coffin, to put it bluntly.

I think EEA2 may be the appropriate.

[vijylpm]

There is no point to apply for FLR(O). No idea why they gave that as advice.

I assume that you don't have issues of 5 continuous years? Then you can apply for EEA3 (PR confirmation) now (or together with the EEA2 application). It would save you to need to continue exercise treaty rights (if for example you become unemployed).

Was the 8 months absence in one visit? Didn't she visit the UK in between? You might be able to slide the qualifying years so the absences would fall in two different residence years (each year has a 6 months allowence). I have no experience if this would work but with the right supporting documents it might.

Hi,
I dont have any issues of 5 continuous years indeed, and applying for an EEA3 is a good idea.
She did not visit the UK in between the 8Months, and as such, we have no grounds for appealing.
We will apply for an EEA 2.
Thanks for the useful advices.
Patrick

[Directive/2004/38/EC]

She may yet qualify for PR...

What was the relationship basis for your original (now expired) EEA2? Were you long term partners both already living in the UK, or did she enter the UK on an EEA Family Permit?

When was that (now expired) RC issued? (Month and year)

When did the 8 month 7 day absence begin? (Month and year)

[vijylpm]

She may yet qualify for PR...

What was the relationship basis for your original (now expired) EEA2? Were you long term partners both already living in the UK, or did she enter the UK on an EEA Family Permit?

When was that (now expired) RC issued? (Month and year)

When did the 8 month 7 day absence begin? (Month and year)

* We were long term partners both already living in the UK

* RC issued AUG 2007 expired Aug 2012

* Absence beginned Sept 2009

[Directive/2004/38/EC]

In your case, the 1 year periods for which to examine the residence are the anniversaries of Aug 2007. So an absence of 8 months beginning Sept 2009 would fall entirely within the year between Aug 2009 and Aug 2010.

It looks like the period to qualify for PR would begin on the day of entry to the UK following marriage, so roughly June 2010. 5 years from that, assuming no additional absences, would be June 2015.