EEA2 Residence card Refusal

[Sevenjack]

Good morning,

I came to the UK as a Russian Citizen (even if with an unlimited Schengen residence permit) with a EEA family permit as my unmarried partner is an Italian Citizen.

She is working for a company based in Italy, so she doesn't exercise the treaty rights to work in the UK (as written in my letter of refusal reason).
We also got more then £ 5,400 on our bank accounts.

After my first month of stay in London, I found a job with a salary of £ 15,350 per year, with a regular contract Agreement, that I attached to my EEA2 residence card application.

Now I got fired because the company where I worked failed and closed down, but few weeks ago me and my collegue decided to open a trade company to continue the work made so far.

What should I do now? Make an appeal for the EEA2 Residence Card or apply for another type of Visa?

I received the refusal letter on the 27th September, while the date on the documents is the 12th. Which date should I consider as valid? How much time left do I have before I'll be enforced to leave the Country?

P.s. the company is a start-up, so I don't have still the funds to apply for a Entrepreneur Visa, as its costs are too high at the moment.

Please let me know as soon as possible,

best regards

Evgeny

[Jambo]

If she doesn't work in the UK, she can still exercise treaty rights as self-sufficient. What did the refusal letter actually say? Did you provide evidence of her work in Italy or your work in the UK?

To be self sufficient, you will need to have private health insurance (CSI) or an Italian EHIC.

[Sevenjack]

Thanks for your soon reply.
We both have an Italian Health Insurance Card (Carta dei servizi sanitari Europea) and the NHS registration number here in the UK.
We both have a UK bank account. We both provided evidence of our works (her work in Italy with an employee contract and an employer's letter as a reference) - (my work in the UK with my job contract and all the references).

The reason written on the refusal letter is the following: "Upon assessing the employer letter the Secretary of State has undertaken various checks to verify the employement, but has been unable to do so for the following reason: The company your EEA family member claims to work for is not based within the United Kingdom
Due to the reason noted above therefore unable for the Home Office to grant a Residence Card as the EEA national is not excersing treaty rights inside the United Kingdom. The Home Office does not deem it viable that the EEA national could reside inside the United Kingdom but also work 40 hours a week outside of the United Kingdom in Milan, Italy.
Whilst every attempt has been made by the UK Border Agency to establish your EEA family member's employement the burden of proof rests with the applicant to provide such evidence and you have failed to do so.
It is therefore concluded that you have failed to provide sufficient evidence to demonstrate that your EEA family member is currently a qualified person in the United Kingdom as a worker, as detailed under Regulation 6 of the Immigration (EEA) Regulations 2006."

What I can't understand is that on the form of the EEA2 Residence card application there was written that the EEA member can provide just the evidence of a job-seeker of self-sufficient person and we provided also all our bank statement, both British and Italian, and there are enough funds to provide for ourselfs for at least 6 months.
Here is what is written in the EEA2 form:

"YOUR RIGHT TO RESIDE IN THE UK
The non-EEA family members of an EEA national have a right to reside in the UK if
their EEA national family member has a permanent right of residence or is exercising
a Treaty right in one of the following ways:
• Worker
• Self-employed
• Student
• Economically self-sufficient (including retired people)
• Jobseeker
• Temporarily incapacitated"

Do you need to know any further information to give me an advice? I can provide anything you need, or if you can just tell me to who should I talk to ask to RECONSIDER just the answer, without appealing, as probably I can't do an appeal as I have to do that in 10 days after the date of the decision, which is the 12th September on the letter, but I received the envelop on the 27th September (without any prints or evidence that they just delivered on this date, and without any my sign for the receival, as I suppose should be).

Thanks,

Evgeny

[Obie]

The 10 days commences from the day you receive the notice of refusal.

Therefore you need to ignore the date of the refusal.

If you look at the top right hand corner of the Notice of decision, you will see a date, that states Deemed Served, that is the date you should go by, as it is mostly, but not always correct. 10 Working days from that date will be the deadline for you to file an appeal.

They will not reconsider, as i have received lots of failed reconsideration request lately. They usually ask that you reapply.

In regards to the substance of your appeal, i believe your wife is entitled to be a Frontier worker, provided she returns to the UK at least once a week. It is possible for her to work 40 hrs a week in Italy and return to the UK once a week.

In any event the application should have been granted.

[Sevenjack]

Thanks Obie.

So the only thing I can do is to re-apply with the same documents and informations? It seems ridiculous!

[Obie]

I believe you need to appeal.

[Petaltop]

In regards to the substance of your appeal, i believe your wife is entitled to be a Frontier worker, provided she returns to the UK at least once a week. It is possible for her to work 40 hrs a week in Italy and return to the UK once a week.

In any event the application should have been granted.

It's not his wife, she is his girlfriend.

I came to the UK as a Russian Citizen (even if with an unlimited Schengen residence permit) with a EEA family permit as my unmarried partner is an Italian Citizen.

[Sevenjack]

We are an unmarried couple and we already proved our relationship of 4 years with the first application.

Anyway, that's not a reason for this discussion.

[Obie]

Yes I thought so.

I obviously got mixed up with the relationship type, but that was not the basis for the refusal in any event.

The refusal appears to be on the basis that she does not live or exercise treaty rights in the UK.

Had it fall on the discretion under regulation 17(4) or 17(5), then whether or not your are married would be a relevant factor.

[Sevenjack]

Hi everybody, thanks for your help so far. I submitted the appeal with all my reasons and explanation for the delay (as I received the envelop only on the 27th September, submitted the appeal on the 1st October, even though the date on the refusal notice is the 12th September). As my tenancy agreement ends on the 22nd October, now I need to know how long will it take to have an answer from the Tribunal and for the oral hearing as I need also to understand if I have to extend my rental or to buy tickets to come back to Italy.

Does anybody know which would be the ETA for an answer??

Thanks

[heyitsme]

Reviving an old thread but regarding your partners status as a Frontier worker, can you please update us about your situation. Did you manage to get a UK residence card while your partner continued to work in another country?

[noajthan]

@heyitsme, its a longshot as OP last visited the Board in Jan 2015 and last posted anything as long ago as 2014.

Looks like s/he gave up and left the country:
http://www.immigrationboards.com/eea-ro ... l#p1117879

then decided to give up on any RC-related appeal and came back to settle with a simpler life in UK:
http://www.immigrationboards.com/eea-ro ... l#p1123881

Note in this case it was apparently the dependent filing these cases and flitting around Europe, not the sponsor. The sponsor's final status and location is indeterminate.