# EEA2 Refusal



## Vivi2013 (Aug 10, 2013)

Hello all:

I hope somebody can send me a sunshine on my situation, im Mexican, In 12 Janary I applied for a EEA2, Today 10 August i received a refusal letter telling me that my husband (Spanish).

Telling that my husband can not exercising their treaty rights in UK.
We provide a letter from His employer Giving the wellcome to the company.
But they sayed that the letter only states that the company wants to offer a possition.

Affter Been working from End of december Till 30 June , they didn´t request an information extra from us, not a single letter requesting payslips or similars.

They sayed they contacted the company and they told my husband ended his work with the company on 30 June . (UK BA they wasn´t clear the letter and then say yes to his work but ended in june).

After end the employment with this 1 employer he took another 15 days after with another company, he stopped to work for 15 days.

And that is why that are refusing my application..................................
Can they do that?????''''''

Can any one tells me what to do next?, appeal or applied again???, i dont know
Tks all 



My question is is UKBA has the right to do that


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## Joppa (Sep 7, 2009)

Just re-apply (paying £55 now) enclosing payslip and/or contract of employment or both. Plus your marriage certificate. 
You should be issued with your residence card.


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## Vivi2013 (Aug 10, 2013)

Joppa said:


> Just re-apply (paying £55 now) enclosing payslip and/or contract of employment or both. Plus your marriage certificate.
> You should be issued with your residence card.


Hello Jopa:

Tks for your reply, re-apply with the old contract and payslips of the 1° employment? (this is the employment which i sent the letter with my initial application in Janauary 2013) you meant that?.

And do you know what is the name or format to re-apply?

Tks friend


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## Joppa (Sep 7, 2009)

No, the current employment contract and pay slip.
Just complete another EEA2 form.


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## Vivi2013 (Aug 10, 2013)

Many tks, for your reply
Tks again


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## Vivi2013 (Aug 10, 2013)

Please 1 more thing , my family permit expired cos the applcation took to long, wont be a problem with that?
Tks


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## Joppa (Sep 7, 2009)

No, as EEA permit isn't a legal requirement.


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## Vivi2013 (Aug 10, 2013)

Joppa said:


> No, as EEA permit isn't a legal requirement.


Hi Joppa:
After much thought, I am considering to appeal, I have my solid case and all the evidence, first of all I ask you sincerely and according to your experienca tell me if with the basis on which I rejected are legal or valid or I have great opportunity to defend my position and documents?.

UKBA say that I could not prove theire treaty rights in UK, cos the letter that i sent to states That is only the company wants to offer to positin in the company, also this letter mention the wellcome to my Husband to the company and They are sure (company ) That my husband enjoy been part of the team, Signed by the admin.

After many calls and a letter to the UKBA asking if They need a document from me supporting my application in case they say They Will contact me if they need more info.

 I applied on January 12, they say they decided to contact the company to verify the status of my husband, and UKBA received a letter from the company on July 31 saying that my husband had left to work in that company on June 30, more time six months they say they will have the decision.

My question is what happens during those six months that Was working in that company? and why they didn´t contacted the company before when my husband was working?, they found and confirm in there refusal that he was working from December to June 6 months.

But they say we couldn´t prove that my husband was working ..

I have proof of all the months worked paysilps, the letter and the annual tax return.

You think, I will have ample opportunity to Judgment?????

Greetings and thanks (sorry for my big letter)


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## Joppa (Sep 7, 2009)

The basic principle is it's up to you to supply necessary document to prove your eligibility, not for UKBA to contact employer to verify. Of course they can and often will do that, but they aren't obliged to, and can decide on your application solely on the basis of evidence presented to them.
You only sent them a welcome letter. You should have sent instead a job contract, letter of employment or first pay slip.


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## Vivi2013 (Aug 10, 2013)

Good point that .

Good advise as well.
Apreciate your comments


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## adetutu (Aug 13, 2013)

*Eea 2 refusal/new application with no right to work*

Hello everyone,

I have been actively following discussions on this forum and I have decided to join in. I came into the UK in May 2012 after my marriage to an Irish national who is exercising treaty rights in the Uk. 

Thereafter, I decided to stay and applied in September 2012 for a residence card. I got a COA in October 2012 which allowed me to work. Eight months after application, my spouse's passport was returned by the HO and i was informed that the marriage certificate I submitted as proof of relationship was a counterfeit. I immediately called the issuing authority and was reliably informed by them that the HO didn't send anyone to verify the authenticity or otherwise of the certificate. I was taken aback by this and was on the verge of appealing the decision when I was advised that it would be quicker to apply again and get a letter from the marriage registry where the marriage took place confirming that the certificate is indeed genuine. I called the marriage registry and a letter was sent to the British consulate in my country for transmission to the HO here and a copy of the letter was scanned to me. I have made another application and I included the scanned letter and other documents.

Also, the refusal notice stated that I didn't show proof that my spouse and I were in a durable relationship by including things like joint account details, nhs card etc. It is very obvious in this country that you cannot open a account without proof of ID and since my passport has been with the HO i couldn't do anything. Even the GP is refusing to register me for the same reason. I included in my new application a letter from one of the banks refusing my application to be a joint account holder with my spouse. 

I must say that I think as this application is no longer free, the HO might take it a little bit more serious as within the space of 3 weeks of my new application, I have received an acknowledgment letter and a COA from the HO. My only anger now is that the COA doesn't give me the right to work until my application is decided. I am a married partner so I don't know why that was included. What can i do? 


SO SORRY FOR THE LONG NARRATIVE JUST LOOKING FOR A WAY TO POUR OUT MY MIND.

PLEASE ADVISE.


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## Joppa (Sep 7, 2009)

Wait until Jrge our EEA expert logs in late afternoon or evening (he is in Western Canada which is about 10 hours behind).


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## anillapilla (Sep 26, 2013)

Hi there, I got recently refused and my passport was retained by the home office. I received a letter with a number of options I have next, 1) Leave the country because I don't have the right to stay here. 2) Appeal their decision or 3)Apply again with the documents I missed before. However, when applying for EEA2 RC I still had a lot of time before my Tier 1 expired. The expiry date of my Tier 1 is August 2014 so I don't understand why they have to retained my passport. Has my Tier 1 been automatically cancelled when applying for EEA2? (When I got the refusal I got all the documents back (apart form my passport) including my partners passport and my Tier 1 RC) 

I have booked holidays with my partner for this Christmas in my country (Colombia) and since it's our first holiday together we spend a lot of money on it (about £3K). Will I be able to get my passport back for my holiday and will I be allowed to enter the UK with my valid Tier 1? 

I still want to apply again for the EEA2 but I know if I do it now I will have to miss my holidays and lose all the money spent on it. I wish I could just get my passport back, go on holidays, and apply again once we are back in the UK. Will it be possible?


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## Jrge (Mar 22, 2011)

Hi,


anillapilla said:


> Hi there, I got recently refused and my passport was retained by the home office. I received a letter with a number of options I have next, 1) Leave the country because I don't have the right to stay here. 2) Appeal their decision or 3)Apply again with the documents I missed before. However, when applying for EEA2 RC I still had a lot of time before my Tier 1 expired. The expiry date of my Tier 1 is August 2014 so I don't understand why they have to retained my passport. Has my Tier 1 been automatically cancelled when applying for EEA2? (When I got the refusal I got all the documents back (apart form my passport) including my partners passport and my Tier 1 RC)
> 
> I have booked holidays with my partner for this Christmas in my country (Colombia) and since it's our first holiday together we spend a lot of money on it (about £3K). Will I be able to get my passport back for my holiday and will I be allowed to enter the UK with my valid Tier 1?
> 
> I still want to apply again for the EEA2 but I know if I do it now I will have to miss my holidays and lose all the money spent on it. I wish I could just get my passport back, go on holidays, and apply again once we are back in the UK. Will it be possible?


Whilst I trust your passport has been unlawfully retained, you have the right to request it back from HO. After you have received it, you can go ahead with your already scheduled trip and try to procure a Family Permit from Colombia (I think turn around time is 3 weeks) and try to re-enter UK.

Here's where the trick is: I wouldn't know if your current visa will be cancelled - you haven't violated the terms of it, but again with the strict controls UK has implemented for non-EU nationals, it is very unlikely you will be admitted under this visa.

Animo
(Cheers)


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## anillapilla (Sep 26, 2013)

Thank you very much lfor your response. In that case since my partner would have to go back to the uk while I am awaiting for the decision to be made in Colombia could I apply for the eea2 with his polish ID rather than his passport?


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## Jrge (Mar 22, 2011)

Hi,


anillapilla said:


> Thank you very much lfor your response. In that case since my partner would have to go back to the uk while I am awaiting for the decision to be made in Colombia could I apply for the eea2 with his polish ID rather than his passport?


Certainly you could apply for a FAMILY PERMIT and not for a RESIDENCE CARD whilst in Colombia, but since y'all are in UK, why don't you get a certified copy of his passport now?

Animo
(Cheers)


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