What happens if EEA is refused?

[avellana86]

Hi all

I have previously posted in detail about our situation. See:

http://www.immigrationboards.com/viewto ... highlight=
http://www.immigrationboards.com/viewto ... highlight=

We are preparing an application for EEA4 although are not sure it will be accepted due to his EEA national wife not declaring income as a nanny.

We had thought we should send as much info as possible and hope for the best. (Have evidence of her activity as director of their publishing company. She hasn't taken any income but they have produced and sold a book.)

However today we saw another lawyer who scared the life out of us. The lawyer said if the application was rejected he would be given a choice between going to appeal (expensive with legal fees?) or leave the country!! All within 10 days!!?

This contradicts what I've been told previously on this lovely forum - my understanding was that so long as the wife is still here in the UK and they are still married they would not 'evict' him. (However, we do have limited evidence that she's currently exercising treaty rights - see (1) below.)

Please can someone outline the possible scenarios if an application is refused?? Can he make EEA2 application if EEA4 is refused, reapply for EEA4 with additional docs, etc… If he were to receive a refusal after 24 March his RC would be expired - where does that leave him? What is the worst case scenario?

Thanks in advance. So stressed - don't see any end to this situation


(1) His wife has just signed up to work for a supply teaching agency - would they accept that as proof of employment (the contract, as she won't start working until after Xmas thus first pay will be in Feb) and is there a minimum amount of hours she needs to work? The contract states not less than 336 hours in 12 months, at minimum wage.

[Jambo]

The lawyer is correct that usually that is the wording on the refusal letter as the HO are using a standard refusal letter but the HO knows (and the lawyer should know that too) that this is not supported by the EEA Regulations. If refused, you can either appeal, reapply or apply for EEA2. You won't be deported. Don't worry about that.

[askmeplz82]

you may check this . OP pr refused he applied eea2 again

http://www.immigrationboards.com/viewto ... ht=#941860

[avellana86]

THANK YOU. Truly grateful for this forum.

May I ask further questions?

Options currently as follows.

(1) Place EEA4 application with documents listed on thread below aka "Hope for the best" option.
http://www.immigrationboards.com/viewto ... highlight=

(2) Complete self-assessment tax returns (back-dated to October 2011) for EEA national - making the EEA4 application much stronger (hopefully). To get EEA national to agree to this, I will have to pay for any tax and NI she has incurred, plus penalties for not declaring income, aka "Paying through the nose in blood" option

(3) Get EEA national's current tax affairs in shape and, along with new job, apply for second EEA2. aka "Ball and chain" option. (As he would remain dependent on her for residency for another 5 years.)

Is there any value at any point to being honest about the fact that the EEA and non-EEA national are separated although still legally married and no intention to divorce in near future? I'm worried this could cast doubt on the application if it comes to light. Hopefully it won't, but you never know right? - home checks etc (thanks again, scare-mongering lawyer). EEA wife is cooperative...

[askmeplz82]

1 Good luck

A person continue to have a right to reside so long as long as the marriage subsists (meaning no decree absolute) - and assuming the EEA spouse was/is exercising treaty rights

The difficulty with not divorcing now is the possibility of a lack of the EEA spouses information to support the application for permanent residence at the appropriate time.