EEA2 application refused -what to do next?

Aliaslan · Post by **Aliaslan** » Mon Oct 14, 2013 12:14 pm

I have applied for a residence card on 2nd of September 2013! I'm together with an EU national (Austrian)since nearly 3years, we are unmarried.my partner is working for a newspaper.

On Friday I have received a refusal letter stating that my partner does not qualify under as a worker.
They say that they have phoned her employer ONCE but no one answerd and they say that when they google the company they can't find anything about the company.

I have googled my partners workplace and I find 2 pages full on google. We have sent her contract and a letter from her employer confirming her employment.

Further to this refusal I have not received my passport and they have only sent one photograph out of the requested 2 back!

I have a right to appeal but would it be easier to ask for a reconsideration?

I do not know how they could refuse the application as we have submitted all evidence which has been asked for. Further to this evidence we have received a letter from our family support worker of our local council who confirmed my workplace as well. My local immigration worker from UKBA asked me via email to see this letter to her and she will forward it to the right person in Liverpool. This has obviously not been done.

They have acknowledged me as my partners family partner (we are unmarried so I thought this may be the trickier part of the application)! Am I entitled to work now?

Thank you in advance for all your answers!

Post by **Obie** » Mon Oct 14, 2013 7:01 pm

No you are not allowed to work at present, except if you had an EEA family permit.You could put in an appeal and ask for a Reconsideration, just in case they refuse to reconsider their decision.

ninkas · Post by **ninkas** » Mon Oct 14, 2013 8:49 pm

[quote="Aliaslan"]I have applied for a residence card on 2nd of September 2013!
could you share your timeline please?when did you receive coa? we applied on 30.08.2013 and still waiting...

Aliaslan · Post by **Aliaslan** » Mon Oct 14, 2013 9:02 pm

Eea2 application sent:30/08/2013
Eea2 application received:31/08/2013
Payment deducted:01/09/2013
CoA received:12/09/2013
Sponsor passport returned for travel:26/09/2013
Eea2 refused:09/10/2013

ninkas · Post by **ninkas** » Mon Oct 14, 2013 9:27 pm

Aliaslan wrote:Eea2 application sent:30/08/2013
Eea2 application received:31/08/2013
Payment deducted:01/09/2013
CoA received:12/09/2013
Sponsor passport returned for travel:26/09/2013
Eea2 refused:09/10/2013

thank you and really sorry to hear about your refusal.But in my humble opinion the whole thing looks promising as 1.ukba approved you as a eu partner 2.you just need to obtain few more payslips and letter form employer.Then write a letter and ask for reconsideration quoting the ref numb from refusal letter and the name of the caseworker-the person who signed the letter.Send it via recorded delivery and at the same time send the same thing via email.You should be o.k.

Aliaslan · Post by **Aliaslan** » Mon Oct 14, 2013 9:43 pm

Thank you.

I have sent a letter from employer the first time round but that wasn't enough. My partner got a letter from her employer directly addressed to the homeoffice now. I hope that helps.

Post by **Amber** » Sun Oct 27, 2013 7:09 am

Aliaslan wrote:Hi,

I have complained to the UKBA about my eea2 refusal and they have sent me a letter now stating that if I can send them payslips and a confirmation of my partners workplace then they will reconsider the application.

I receive my payslips via email. Can I just print them or do they need to be on a special paper?

Thank you for your help.

Jambo wrote:Your payslips are irrelevant. It's the EEA national payslips that matter.

Aliaslan wrote:Sry I meant to say my partners pay slips. I'm talking about her payslips.

Jambo wrote:If this is how she receives them, it should be fine. Adding a letter from employer would help too.

Aliaslan wrote:They have a letter from her employer plus her contract but they still refused it in the first place(her contract was dated wit 11/06/2013 and they said this can mean that she isn't working there anymore) Now they have asked me to send her last recent payslip.

Davmck70 wrote:
Aliaslan wrote:They have a letter from her employer plus her contract but they still refused it in the first place(her contract was dated wit 11/06/2013 and they said this can mean that she isn't working there anymore) Now they have asked me to send her last recent payslip.
My advice to you is to attach a letter detailing the company method of paying electronically, print the electronic pay slip, attach at least 3 bank statements to show where the money was paid from (your spouse's workplace) and more importantly highlight the payments using coloured ink so it can be seen when looking at the statement from a glance. If spouse has a company identity card, send them a copy. Wishing you the best.

Aliaslan wrote:How do I highlight the bank statement? I can only print PDF statements and can't adjust them

EUsmileWEallsmile wrote:
Aliaslan wrote:They have a letter from her employer plus her contract but they still refused it in the first place(her contract was dated wit 11/06/2013 and they said this can mean that she isn't working there anymore) Now they have asked me to send her last recent payslip.
Complain, a letter of engagement is explicitly referenced in both the directive 2004/38/ec and the UK's transposition. It is up to the home office, where they have doubts, to verify whether employment is genuine.

To progress matters, also include payslip.

Aliaslan wrote:
EUsmileWEallsmile wrote:
Aliaslan wrote:They have a letter from her employer plus her contract but they still refused it in the first place(her contract was dated wit 11/06/2013 and they said this can mean that she isn't working there anymore) Now they have asked me to send her last recent payslip.
Complain, a letter of engagement is explicitly referenced in both the directive 2004/38/ec and the UK's transposition. It is up to the home office, where they have doubts, to verify whether employment is genuine.

To progress matters, also include payslip.
They had my partners contract, an engagement letter, a signature on the form and a letter from our family support worker from the council confirming my partners employment -still they refused!

They have phoned my partners workplace, but obviously out of the office working hours, no one was there to pick up (it is a small company which produces a monthly newspaper) instead of leaving a voice mail or writing to the employer, they have refused the application.

I have complaint to the complaints department but didnt get any answer from them!

Aliaslan · Post by **Aliaslan** » Wed Oct 30, 2013 4:43 pm

We have sent 3payslips, a letter from my partners employer, a newspaper(her name is in it, as she is working for a paper),a google search about the company, a yell.com search about the company and my partner has emailed the case worker from her work email!

Well, the things is that not often someone answers the phone in my partners workplace as they are quite busy with clients and everyone works with mobile. Shall her employer contact the case worker directly via email? Or do you think all her docs are enough for a reconsideration?

I'm a bit plan less, my partner is working but UKBA is trying to do everything to not give as a residence card. We have previously sent them co tract of employment and letter from employer but that wasn't enough proof for them

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EEA2 application refused -what to do next?

EEA2 application refused -what to do next?

Re: EEA2 application refused -what to do next?