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Hi appeal is your best option here and don't panic because you have options.Scolastique wrote:Good evening everyone,
My husband and I arrived in UK in June, I am a EEA National and my husband is from Nigeria. He entered with a EEA Family permit we got while leaving in Canada.
We got marriage in Nigeria in June 2012.
We applied for a EEA2 residence card in July, as job seeker.
The UKBA refused the RC for two main reasons:
The first reason is : the EEA national sponsor is not registered with the Department of Work and Pension.
I am now working full time with a temporary work agency.
The second reason is: The paragraph 11 (1) (a) of the Nigerian Marriage Act states ''before the registrar can issue the certificate he must be satisfied that one of the parties has been resident within the direct for at least fifteen days preceding the granting of the certificate"
We got marriage on the 28th, I arrived in Nigeria on the 25th and my husband on the 18th. But my husband was born and bread in Nigeria, at that time he was a student in Scotland, with a student visa. I believe he was then legally resident of Nigeria.
On this basis, the UKBA considered our marriage as invalid.
Besides, this condition is valid in order to satisfy the registrar, since he delivered the marriage certificate, and the marriage is genuine; we believe the UKBA has no right to not recognize our marriage.
We actually appealed the decision for an oral hearing. But my question is: should we think about doing a civil partnership in the UK (if my husband can get back his passport) and then re-apply. Or do we have good chances to win the appeal?
The other concern we have is that my husband got a good job and they are actually asking him proof of his right to work. I could read on the forum that while appealing, he keeps his rights. But we do not have anything to prove he appealed and we are quite afraid that if the company call the HO they say he is not allowed to work…..
Can somebody help us we some advice...
Thanks in advance for your time.
chaoclive wrote:I just noticed that the OP is working for a temporary work agency - would this have been an issue? I.e. she is probably working as a temp and not a 'permanent' staff member.
Would such an issue exist?
the law says:chaoclive wrote:So even agency work counts under the Directive? I remember seeing that it wouldn't work under Surinder Singh though. Is that right?
I can't see why this would be a problem. Perhaps, it might be less convenient than "conventional" employment in terms of demonstrating that one is a worker, but no problem in principle.chaoclive wrote:I just noticed that the OP is working for a temporary work agency - would this have been an issue? I.e. she is probably working as a temp and not a 'permanent' staff member.
Would such an issue exist?