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EEA REFUSAL OVER TWO YEARS

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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momeebuilder
Newly Registered
Posts: 11
Joined: Thu Mar 21, 2013 11:44 pm

EEA REFUSAL OVER TWO YEARS

Post by momeebuilder » Thu Nov 14, 2013 12:52 am

Hi every buddy,

I would really appreciate any help because it's going on for too long and things are not moving forwards.

My Wife is dual national by birth she was born in Northern Ireland. she holds both Irish and British Passport.

we are together since 2004 and we have three children and they are all British citizen.
AGE NO.1 8YRS NO2. 6YRS NO.3 3YRS

We are self employed with limited company
Running Electrical, Plumbing and Gas Installation business.

I had my RC for five years in 2006 till Nov 2011.

Submitted PR application in Sep/Oct 2011

PR was refused on the grounds that she didn't exercise her treaty rights due to her earnings were less, such earnings has no economical value to the employer and therefore they are refusing my application . I was told to leave the Uk and my passport was retained.

We appealed in the tribunal court but appeal went unsuccessful, case wasn't prepared by my lawyer very well .we explained our situation as much as it was possible but lot of things were over looked in my opinion and it was later refused on the same grounds.

During this time my mother was diagnosed with the cancer and gone through major surgery I was desperate and wanted to visit my mother and therefore I submit fresh application for eea2 in May 2013.

Received COA with permission to work.

Nov 2013 got refusal later again.

Provided all necessary document as per their requirement.

Pay slips as a proof of income and NI contribution
Business Bank Statements
Accountant Letter
HMRC letters
Purchase receipts

This time they refused on the basis that I didn't provide evidence of NI contribution and therefore they are refusing my application and I also have no further basis to stay in the Uk and retained my passport again and want me to leave the Uk.

Just need help please.

Thank you.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Thu Nov 14, 2013 1:00 am

Well you got to appeal the decision, with much preparation this time. I express the view before, that your wife has indeed being in the UK for a significant period of time, and to all intense and purpose is likely to have PR and as a result, you will also.

You are better of appealing, but this time prepare better.
Smooth seas do not make skilful sailors

vinny
Moderator
Posts: 33307
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Nov 14, 2013 1:09 am

Please continue in previous thread.
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