EEA2 wasn't successful

[wathita]

My husband is Hungarian and I'm non-eea
I sent EEA2 application in Jan 09. After 6months, i sent a simple complaint letter and got reply letter from them a week later( just a apology letter). In the same week i got back my husband passport with a letter said I was not qualify for a residence card because he has not completed 12 months continuous uninterrupted legal employment.

He came to work in the UK in May 07 and he did registere his emloyment under the workers registration scheme in August 07. This employment has ended in April 08. After 2 weeks, He started with a new employment in May 08 and he did register with WRS in on 21 Oct 08. The period from May08 to 20 Oct 08 doesn't count towords his 12 months continuous employment. The 12 months count from the registered date not from when he was employed. This is a mistake that we didn't know.

the letter said i can be considered for a Family Members Residence Stamp which valid until the 20th october 09. They also require more document current payslip, photos of us taken during the relationship together, documentary of any joint finances held and at least five documentary evidence that we have both lived together.

Does the Family Member Stamp allow me multiple entries into the UK? I have Travel plans in the next months; will I be able to return to the UK with this stamp?

When should I reapply for the Resident Card? The Family member Stamp expire on the 20th October and he will complete his 12 months on the same day. Can i reapply before 20th oct or i have to send my EEA2 on 20th oct and HO will get it on 21st oct. It seems like overstay, doesn't it?

can anyone advise me pleaseeee?

Thank you

[Eric-Poole]

Here is a copy of the text of EU directive 38 with regards to employment:

3. For the purposes of paragraph 1(a), a Union citizen who is no longer a worker or self-employed
person shall retain the status of worker or self-employed person in the following circumstances:
(a) he/she is temporarily unable to work as the result of an illness or accident;
(b) he/she is in duly recorded involuntary unemployment after having been employed for more
than one year and has registered as a job-seeker with the relevant employment office;
(c) he/she is in duly recorded involuntary unemployment after completing a fixed-term
employment contract of less than a year or after having become involuntarily unemployed
during the first twelve months and has registered as a job-seeker with the relevant
employment office. In this case, the status of worker shall be retained for no less than six
months;
(d) he/she embarks on vocational training. Unless he/she is involuntarily unemployed, the
retention of the status of worker shall require the training to be related to the previous
employment.

With regards to proving 12 month employment, I suggest that you send copy of salary forms as proof of employment.

I hope this helps. Cheers.

Eric

______________________
Act on EEA residency application delays by signing the petition:
http://petitions.number10.gov.uk/EEA4-Residency/[/quote]