EEA REFUSAL( EEA SPOUSE NOT COMPLETED WRS

[jerseycrow]

hello, i am in desperate need of your help, i just recieved a refusal letter , and it states that my eea spouse does not qualify because she still hasnt completed her 12 months under the WRS , at the moment she still has 4 months to go

1) we have been given a chance to appeal against the decision.
the question is do we have a basis to stand on for the appeal?
2) how long does the process take,( hopin that it will take at least 4 months, n by then she would have completed the 4 months left_
3) what are the chances of making an apllication with a FMRS form even though we are in this situation, (considering that my cuRrent student visa has already expired)

please help am desperate, and running out of time before i can launch my appeal process

MANY THANKS

[jerseycrow]

guys pls help, any replys will be very much appreciated
!!!

[bobobo]

can you please provide more information - what you applied for, what docs you sent before any one can help you.
Thanks

guys pls help, any replys will be very much appreciated
!!!

[justice69]

Hi jerseycrow,
I am in the same situation as you are just that mine is a bit different. I did appeal mine but the appeal has now been taken to the higher tribunal by the H.O which i'm yet to reply. I thought pple will be willing to help on the forum but i can see pple just read your message and waive your needs aside. I do hope to find a solution b4 the week runs out.
Justice.

[Guerro]

Hi jerseycrow,
I am in the same situation as you are just that mine is a bit different. I did appeal mine but the appeal has now been taken to the higher tribunal by the H.O which i'm yet to reply. I thought pple will be willing to help on the forum but i can see pple just read your message and waive your needs aside. I do hope to find a solution b4 the week runs out.
Justice.

I'm really sorry for both of you and wish i can help. I really don't have a clue about wrs cuz my spouse is not a8 national. I wish i could help, and i am sure any member on the board with a similar experience or knowledge will help

[Deeone]

I am in a similar situation with you guys and looking for someone that knows how i can complain to Ho because it's been up to 2 months now I have submitted all my documents and the application form that was sent to me when HO appeal against the First Tribunal judgement to allow my appeal. dont know what to do: Because I may loose my university place this coming few weeks if I do not have any evidence to show my status. Help from people in the forum will be really appreciated.

[Plum70]

Jerseycrow, it'll be a waste of time appealing. The rules are clear: until your wife completes 12 months of employment under WRS without a break you cannot apply for a RC. Right now you need to apply for a FMRS (valid for 12 months) which confirms your right of residence in the UK. Once your wife completes WRS, you can then 'switch' to a RC using form EEA2.

See here: http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/

Alternatively, hold off applying for a FMRS and apply straight for a RC in a few months. Choice is yours depending on how difficult you may find it proving your legal status (to employers, banks, educational establishments etc) without any documentary evidence.

[jerseycrow]

thanks a million guys, your suggestins were very helpful, i contacted the homeoffice and asked them what i needed to do, they actually advice that i re apply using the FMRS form, they also said that appealing will be useless as the homeofice had a valid reason refuse my application,

so now i have resubmitted my application using the FMRS form, right now i am patiently waiting and holding thumbs and hoping that i will be recieving a COA soon tha=en i least i know that they will process it despite my previous refusal

[justice69]

Dear Jerseycrow,
I have applied for the FMRS too. I got some very good pieces of info from very nice pple on this forum including yourself. Now i await a confirmation from the HO. Big Thank you to all the good pple on this forum.

[justice69]

Hi Jerseycrow,
Have you any replies on your latest application to the HO yet? Many thanks.
Justice.

[jerseycrow]

hi justice, i have recieved a confirmation last week, just the usual certificate of application , to confirm receipt of my application, now awaiting a decision on my case, i really hoope that all goes smoothly this time, took about 3 weeks to recieve the COA .

i really hope they process it faster than my previous one

[justice69]

Yes, I got mine today. It came right in time as I was given a deadline to produce evidence by my employer. I gallantly walked to the meeting today with the letter. I do hope they can speed up the whole process now. Many thx and take care.

[MelC]

I have only just seen this thread ~

I am glad you have it sorted.

I personally know of cases where the WRS was not completed, due to administrative error ~ a change in employment ~ the employer did not complete the WRS although the A8 national completed the forms.

EEA/fp was granted, although only 5 months of WRS was produced, but over 5 years of continuous emplyment (with different employers) was.

I post this as information for others in the future as it may help between now and the WRS ending.

[jerseycrow]

hi guys, just a big thank you to u guys for your help and contributions, i have finally recieved my residence card. 5 yrs, if u have been following my tread, i applied for the FMRS, in waiting for my wife to complete the WRS, however my passport was returned with the 5yrs residence card, probably becos of the 1st application i had made..... a million thank you's to u all once again