Eea2 appeal or re-apply

[Jefymum]

My eea2 submitted on 4th October has just been refused because they don't believe my Eea spouse is exercising treaty rights. When I applied, he was working for well known company since Jan 2013 but lost his job two weeks after i made the application. I informed home office that he was working for new smaller company. He's got e-payslips and different company handles their payments. Home office says company cannot be located on Google or yell and emails sent to them havereturned undeliverable. But wages are being paid into his bank account. I submitted Eea 4 application two weeks ago while this application was pending. Please kindly advise....many thanks

[Jefymum]

Home office says from searching through companies house...the company dissolved in 2013 but it clearly shows the company is active and incorporated in Nov 2016 and is active. Wages are clearly being paid into his account. Can I continue with work while I appeal? Current residence card expires on 28th Feb 2018

[Obie]

Was he made redundant from the old company.

It is my advise that whenever Home Office make a credibility refusal, it is always sensible to seek to have it overturned through the courts, or they may well seek to recycle it for future purpose.

In any event your husband will not lose his worker status just because he cease from working, especially if he was made redundant.

[Jefymum]

Thanks Obie. ...no voluntary resignation. ..but immediately started work with different company. I sent e-payslips and bank statements showing wages being paid into his account. When I search on the company house website it shows the company does exist....is active and was incorporated Nov 2016. I just received biometrics letter for the Eea4 application I submitted 10 days ago.....very confusing

[Jefymum]

Obie are we allowed to PM you?

[CR001]

Obie are we allowed to PM you?

You don't have the privilege of PM as yet.

You should also post in public so that all may benefit and others can also offer advice.

[Jefymum]

Ok Thanks....When do we get that privilege?

[CR001]

After 30 genuine posts. Any nonsense posts simply to increase post count and the function is likely to be disabled permanently, same as if members send unsolicited PMs continuously to other members.

[Jefymum]

Thanks for the info. Any advice for my case?

[Obie]

I will be more than happy to answer you on open forum if your matter is novel.

It is better if my reply is beneficial to thousands than just 1.

In any event, as Char stated the right to PM does not exist until 30 genuine posts have been made.

[Jefymum]

Thanks Obie. Just submitted biometrics for the PR application. ...so thinking of concentrating on it instead of the refused Eea2. I've emailed the company in question , once they write back I'll use that to aďdress the part of refusal. They sent back all docs including my passport. I just feel it was a bit of laziness on their part because the company does exist. But like you said it's best to fight such issues thru the courts. what's your thoughts on this?

[Obie]

Yes indeed. A failure to challenge will amount to an admission of guilt and future applications will be viewed from that perspective.

It may also undermine citizenship application.

[Jefymum]

Oh ok.....I just thought, get proof that the company does exist and send it as additional information for my current EEA 4 application. My work place also just called to ask for my rights to work as my current residence card expires tomorrow. Can I use my old COA? .it says that till your appeal rights are exhausted, but just called homeoffice and lady says until I receive my new COA I have no right to work.. all very stressful ...I submitted biometrics for PR application on Saturday. ..so COA may not come for another few days.

[Obie]

Oh ok.....I just thought, get proof that the company does exist and send it as additional information for my current EEA 4 application. My work place also just called to ask for my rights to work as my current residence card expires tomorrow. Can I use my old COA? .it says that till your appeal rights are exhausted, but just called homeoffice and lady says until I receive my new COA I have no right to work.. all very stressful ...I submitted biometrics for PR application on Saturday. ..so COA may not come for another few days.

That is wrong, COA are always issued to applicants who are pursuing, so long as the request were made before. I have 4 pending appeal, some have been pending for about a year, and COA are still being issued, so the Home Office lady is clearly wrong on that.

[Jefymum]

I thought she's wrong too.....because it does say on the COA that you can use it till appeal rights have been exhausted. Do you think i can give it to my workplace? They want proof that I've applied for extension.told them I have and can give them biometrics letter . They said that's fine for now I guess....I thought the COA would suffice till I get other one....can't afford not to work. By the way thanks a great deal for taking time to reply/advise.

[Obie]

You cannot use current COA, as it states that it is valid for only six months. You are able to get a renewal, if you have a pending appeal and you make a request through the COA email request email.

[Jefymum]

oh thanks Obie. Much appreciated will update here how things go.

[Jefymum]

Just received notification from the court....that my appeal has been received and I'll be informed of what next in due course. Anyone who's appealed how long did it take? I requested for paper hearing....I also still haven't received a new COA. ..

[Jefymum]

Just got another letter from court saying any other submissions should be made by 2nd May and home office to submit theirs by 1st May...do any members know how long it takes from now? i opted for paper hearing. Appeal was submitted 6th March 2018. Any idea too when I get new COA after submitting appeal? Many thanks

[Jefymum]

Hi Obie hope all is well. Am back. My appeal was refused in June. ....so I applied to the upper tribunal.meantime I managed to get letter from the company and sent copy with request to upper tribunal and original for my PR application. I was granted PR in July but have just received letter that my application for permission to appeal to the upper tribunal has been granted...any advice should I withdraw it now that I've been granted PR? Thanks again for taking time to respond

[Ansarw919]

You cannot use current COA, as it states that it is valid for only six months. You are able to get a renewal, if you have a pending appeal and you make a request through the COA email request email.

Hi
Obie can I have an email address where I can send an email to get COA renewal?

[Jefymum]

NWEUROCOARequests@homeoffice.gsi.gov.uk i used this email to request fir the COA

[Ansarw919]

thanks

[Ansarw919]

NWEUROCOARequests@homeoffice.gsi.gov.uk i used this email to request fir the COA

Hi
thank you so much today I received a certificate of application. May God Bless you all