EEA 2 REFUSED and EEA FP EXPIRED

[zedel]

Hi,

I entered with my EU fiancee (unmarried partner) in the UK in August 2013 with a EEA FP visa. I have sent my EEA application in September 2013, I received COA with right to work. The documents employer should ask for my RC after 6 months, so after March 2014.

In early December 2013 my fiancee has quit her job, as she had a new job which starts in January 2014. So she went back to her country and spent 2 weeks with her family. In the meanwhile UKBA has called her manager who told them my fiancee quit her job. They therefore refused my EEA2 application 2 days after the phone call.

Here are my concerns:

1- Am i illegal in the UK ? Can i continue working ? (EEA FP expired, have COA with right to work)
2- Should i leave the UK ?
3- Should i appeal or reapply ? (my fiancee is currently working)
4-I dont want to get married just for this matter, but is that my only option?

I would appreciate your help !! kinda desperate:(

Thanks in advance

[Obie]

UKBA acted wrongly, because someone quit a job, does not mean they have ceased exercising treaty rights.

They should have given you an opportunity to explain before refusing.

Inform them, that your partner quit one job for another, and ask that they provide you with another COA confirming your right to work, as you entered with a valid EEA family permit.

If not for their poor interpretation of the law, you would have secured a residence card under regulation 17(1).

[zedel]

Thanks Obie for your quick reply.

Should i reapply or appeal the decision based on what you have mentioned ?

Can i continue working ?

Would they send me a removal letter if i do not file an appeal?

Thanks again

[Directive/2004/38/EC]

I agree for the most part with what Obie said.

How long did your wife work?
Did she quit?
When did she leave her job?

[zedel]

Thank you for your reply.

I entered the UK with my fiancee end of July 2013 she found a job straight away. I launched my EEA2 application in October. She quit a Job on Dec 1 as the business slow down and was given less shifts.
She found a new job on Dec 24th. so the gap is only 3 weeks. She attended few job interview in that period.

I am considering asking for reconsideration, as an appeal might be expensive and long.

My concern is my current situation. Am i legal in the country ? can i continue working ? i had received COA with right to work.

the refusal letter states this

<<<<Since you have not made a valid application for Article 8 consideration, consideration has not been given as to whether your removal from the UK would breach Article 8 of the ECHR. Additionally, It is pointed out that a decision not to issue a residency card does not require you to leave the UK if you can otherwise demonstrate that you have a right to reside under the Regulations. >>

It also says << if you consider that you have a right to reside in the UK as a matter of EU law, and are in a position to submit the necessary information to support your application for RC as recognition of that right, you may alternatively wish to submit a further application.

<further application> Is that mean provide them with more documentation to reconsider my existing application or launch a fresh one ?

Thanks a lot !!

[Directive/2004/38/EC]

You are definitely legally in the country. You are married and your wife is working.

I would definitely ask for a reconsideration.

[EUsmileWEallsmile]

A worker is entitled to change employers, though it might have been better if she did not have a break between jobs.

The only fly in the ointment is that you are not married, therefore, your rights are not generally automatic. That said, you had a family permit issued to you, which helps.

I would appeal. I would also ask for re-consideration.

[Directive/2004/38/EC]

Sorry, my mistake in missing that you are not married.

How long have you been living together as a couple?

I agree that UKVI has already assessed that you are covered by Eu free movement law: that is why they issued the EEA Family Permit.