EEA2 REFUSED- Reapply or appeal?

ash5712 · Post by **ash5712** » Fri Jan 10, 2014 3:17 am

I was wondering if someone could really advice me as a matter of urgency. I am married to an EEA national. We got married in India later we registered our marriage in POland. Now we are in Uk from March 2013. I have applied for my EEA2 but i recieved a refusal, The reason why they refused is, when i applied for EEA2 my wife used to work for a restaurent. later she changed her job but we didnt neither updated this info to home office nor submitted the new payslip and its the reason why they refused. Well we had an option of appeal or reapply. Well we decided to reapply and we receaved an aknowledgement letter from UKBA about my application but without permission to work. When i first applied i receaved a permission to work for 6 mnths untill they will send out my decision. Well i have to update my status at my work,i dont know what to do, i know that i will loose my job. Can someone please guide me what i have to do. How to get the permission to work. i'll appreciate an immediate answer.

4uvak000 · Post by **4uvak000** » Fri Jan 10, 2014 12:55 pm

Unfortunately it is not much you can do in your situation. HO has changed their EEA acknowledgement letter format recently so they cannot confirm your right to work. Tell your employer to contact HO if they need a proof. Explain everything to your employer. Show him/her European regulations 2006 with appropriate paragraphs. You have right to work till your divorce and you do not need a visa, but employer wants to be secure and see a visa as there are huge penalties for employing people without working permit in UK. Usually employer does not bother to read all immigration regulations so it is easier for him/her to hire someone who can prove his/her right to work, but you can try to talk to your employer and explain everything - you have nothing to loose. If you do not try you will loose your job anyway and it will be extremely difficult to find a new job. I do not think that appealing the decision will make any difference to your situation. You still will not have any written proof that you can work in UK. Obviously everything depends on your relationship with your employer and his/her willing to help you. Good luck.

ash5712 · Post by **ash5712** » Fri Jan 10, 2014 1:05 pm

thank you for your advice. Well i will do that i will speak to the employer. Well do you think there will be some problems in giving the decsion for my residence permit by UKBA. cuz all my paper are genuine. My wife is working fulltime now in a school. So do i have the rught to work legally witout any problems. sorry i am just nervous and confused

Post by **EUsmileWEallsmile** » Fri Jan 10, 2014 8:12 pm

4uvak000 wrote:Unfortunately it is not much you can do in your situation. HO has changed their EEA acknowledgement letter format recently so they cannot confirm your right to work. Tell your employer to contact HO if they need a proof. Explain everything to your employer. Show him/her European regulations 2006 with appropriate paragraphs. You have right to work till your divorce and you do not need a visa, but employer wants to be secure and see a visa as there are huge penalties for employing people without working permit in UK. Usually employer does not bother to read all immigration regulations so it is easier for him/her to hire someone who can prove his/her right to work, but you can try to talk to your employer and explain everything - you have nothing to loose. If you do not try you will loose your job anyway and it will be extremely difficult to find a new job. I do not think that appealing the decision will make any difference to your situation. You still will not have any written proof that you can work in UK. Obviously everything depends on your relationship with your employer and his/her willing to help you. Good luck.

I don't think OP had mentioned divorce. In any case, there are special provisions for divorcees.

Where have you got your information that the COA format has changed?

Post by **EUsmileWEallsmile** » Fri Jan 10, 2014 8:13 pm

ash5712 wrote:I was wondering if someone could really advice me as a matter of urgency. I am married to an EEA national. We got married in India later we registered our marriage in POland. Now we are in Uk from March 2013. I have applied for my EEA2 but i recieved a refusal, The reason why they refused is, when i applied for EEA2 my wife used to work for a restaurent. later she changed her job but we didnt neither updated this info to home office nor submitted the new payslip and its the reason why they refused. Well we had an option of appeal or reapply. Well we decided to reapply and we receaved an aknowledgement letter from UKBA about my application but without permission to work. When i first applied i receaved a permission to work for 6 mnths untill they will send out my decision. Well i have to update my status at my work,i dont know what to do, i know that i will loose my job. Can someone please guide me what i have to do. How to get the permission to work. i'll appreciate an immediate answer.

As an EU family member, you have the right to work, provided that your EU spouse is working. Complain.

ash5712 · Post by **ash5712** » Sat Jan 11, 2014 4:03 am

Thanks for your advice. Yes my wife is working in a school now she is a full time employee. who should i complain to? I have no idea where i can go with my complain. My solicitor dont care. I just recieve calls from them about payments. He just told that i have no permission to work he cant help.I asked him to help but no reply from him. I live in Bristol and my solicitor is in London. well please guide me where should i go and complain. can i do something myself? so that i can work normally. please advice. thankyou guys for all those support. Please Please let me know if you guys find any loop hole to solve this issue. thanks & Regards to all

Post by **sheraz7** » Sat Jan 11, 2014 4:42 am

Be informed that you are living with a qualified EU national partner, therefore applying EEA2 RC is optional for you but definitely have right of work & residence. UKBA caseworker must not straightly refused you rather should ask for further latest evidences. Moreover, if you search the forum then will know that few members in same situation appealed and asked too for reconsideration and got more success. Remember, reapplying will once again take you into a queue for 6/6+ months.

Post by **EUsmileWEallsmile** » Sat Jan 11, 2014 8:39 pm

ash5712 wrote:Yes my wife is working in a school now she is a full time employee... solicitor dont care... He just told that i have no permission to work he cant help.

If your solicitor told you that, I suggest that you change. That said, an EEA application ought not to have required specialist help unless there was something unusual.

There are contact numbers on the stickies above.

appealalready · Post by **appealalready** » Sat Jan 11, 2014 9:03 pm

Complaints Office (complaints@homeoffice.gsi.gov.uk)
Complaints Service Unit (NEYHCustomers@UKBA.gsi.gov.uk)

Immigrationboards.com: Immigration, work visa and work permit discussion board

EEA2 REFUSED- Reapply or appeal?

EEA2 REFUSED- Reapply or appeal?

Re: EEA2 REFUSED- Reapply or appeal?

Re: EEA2 REFUSED- Reapply or appeal?

Re: EEA2 REFUSED- Reapply or appeal?

Re: EEA2 REFUSED- Reapply or appeal?

Re: EEA2 REFUSED- Reapply or appeal?

Re: EEA2 REFUSED- Reapply or appeal?

Re: EEA2 REFUSED- Reapply or appeal?

Re: EEA2 REFUSED- Reapply or appeal?