EEA residence refusal due to tresty rights

[eldingo]

Good afternoon all,

After a long wait I've just received a refusal letter for my EEA Residence Card. The application was based on a long term unmarried partner relationship (I'm a Kiwi, she's Irish, been together nearly 5 years). The reason for the refusal given was that at the time of the decision, she was working on a temporary contract. At the time of application (April 2016), the contract wasn't due to expire until August 2016. I am guessing the decision time is this date the letter was written (October 6th).

Abut two weeks ago she finally got her permanent contract with the same employer. As frustrating as this is, I suppose I should have taken note of the August expiry and contacted (hah, we all know how hard that is...) the UKBA.

Today is a Saturday - come Monday I'll be in touch with immigration lawyers and Citizens Advice, but being the weekend there isn't much I can do right now other than reach out here and see what my options are.

I'm hoping there is some way I can keep the application 'alive' as it were, and give them the new contract but I'm not sure what the best way to go about this is. The letter states I have the right to an Appeal. Poking around online I came across 'reconsideration', but as I have the right to an appeal I think this nullifies that option. 'Administrative Appeal' is another, but that seems to be if I think they have made a mistake. Lastly, the letter also states 'If you consider that you have a right to reside in the United Kingdom as a matter of European Union law, and are in a position to submit the necessary information to support your application for a residence card as a recognition of that right, you may alternatively wish to submit a further application'. As with most official UKBA information, I'm having a little trouble fully parsing that - the word 'further' either means 'apply again the same way but with the new contract', or 'apply a different way'.

If I have to make another application, so be it - I'd just rather there was a quicker solution than having to wait another 6 months without my passport and having to spend another Christmas in London.

Thanks for reading - I've always appreciated the time people spend giving advice here.

sorry, quick edit - my passport was not included in the returned documents. I'm guessing this is standard and they send it separately and I'll get it Mon/Tues?

[tresgoya]

I don't see how they could refuse it based on her contract being a temp one..

She was still a worker, i.e. exercising treaty rights. ???

In terms of appeals. Lots of the people on here would say to rather submit a brand new application. The appeal process is very lengthy apparently. It's quicker to resubmit, which is a pain.

[eldingo]

I don't see how they could refuse it based on her contract being a temp one..

She was still a worker, i.e. exercising treaty rights. ???

In terms of appeals. Lots of the people on here would say to rather submit a brand new application. The appeal process is very lengthy apparently. It's quicker to resubmit, which is a pain.

At the time of application (April), she was a temp worker. Nothing wrong with that. At the time of the decision though (October?), there's the rub - her contract had expired in August. She has since gotten a permanent contract, but the UKBA didn't know that. As far as they were concerned she was jobless as of August.

To clarify a question - I can actually do the exact same application again though, right? With the new contract included of course. Trying to find a definitive answer anywhere in the .gov site is proving difficult.

[Isaac90]

her contract had expired in August. She has since gotten a permanent contract, but the UKBA didn't know that. As far as they were concerned she was jobless as of August.

Between when her temporary contract ended in August and before getting the Permanent contract, is she not working at the same company?

[eldingo]

She never actually stopped working there, no. When the contract expired they just kept her on (and kept paying her, obviously!) while they drew up the new permanent contract.

Something else I just noticed - they're keeping my passport until either I'm deported or I 'secure my right to stay'. If I apply again do I just use the same form and on my cover letter say 'no passport sent, you guys have it', or is there a different form I need to fill out? Google is failing me. Or I'm failing google...

[Isaac90]

She never actually stopped working there, no. When the contract expired they just kept her on (and kept paying her, obviously!) while they drew up the new permanent contract.

Something else I just noticed - they're keeping my passport until either I'm deported or I 'secure my right to stay'. If I apply again do I just use the same form and on my cover letter say 'no passport sent, you guys have it', or is there a different form I need to fill out? Google is failing me. Or I'm failing google...

Then to me it's doesn't make any sense to me from HO point of view, if HO called her workplace as at the time of making decision then they would have realised and acknowledge she still work there. This look like an attempt to frustrate people's life for no reason and just refuse application as they wish.

Obie or other moderators may have the best explanation/help on your situation.

[noajthan]

You're not dealing with UKBA, they were abolished 3 years ago.

The right of appeal has very recently been removed for most EFM applicants.

It sounds as if sponsor may have failed the HO PET/MET test;
any mention in refusal?

They mean apply again - with unimpeachable supporting evidence.
You may always request return of passport a few weeks after submitting application. (Sometimes declined).