# EEA2 refused, please help!!!



## Armando2 (Aug 22, 2013)

Hello everyone, I've found this forum very helpful and I am in a desperate situation and I hope that someone will be able to help.

Today I received a package and my EEA2 application was refused (wife applied as a jobseeker). The most disturbing part is that they mention this:
''As you appear no alternative basis of stay in the UK you should now arrangements to leave. If you fail to make a voluntary departure a separate decision may be made at alater day to enforce you removal from the UK''
When I was reading that part I was very shocked. They also say this:
''If you consider that you have a right to reside in the UK as a matter of European law, and are in a position to submit the necessary informatoin to suport your application for a recidence card, you may alternatively wish to submit a further application''

What does that mean? it means that I can stay in the UK while a new appication is processed? Or I definetly must leave the UK asap? I am really shocked, that they asked me to leave. I am planing to send a new application within 3/4 weeks, is that too long? If my first application was refused, does it will have an impact for the second one?

Please HELP!


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## Crawford (Jan 23, 2011)

What is your current situation for being in the UK and thinking you were eligible for an EEA2 in the first place? 

Maybe with further details, forum folks could determine the cause of the "departure clause" and provide assistance.


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## Armando2 (Aug 22, 2013)

Hi Crawford thanks for the reply,

I entered the UK with a valid EEA family permit and applied for an EEA2 whilst my wife was a job seeker. I received a Certidicate of Application that authorized to work during 6 months.
So, I sent my application showing that my wife was a job seeker at that point. She worked for three months ( we included the pay slips) and then tried to find a better job ( we made the application at that point). I really do not understand why they ask me to leave.


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## Joppa (Sep 7, 2009)

Basically an EEA citizen like your wife can only be a jobseeker for 3 months. After that, she needs to be exercising treaty rights by working, being self-employed, being self-sufficient or studying. Since she isn't doing any of this, you were refused. She should have stayed in her job long enough for you to get your application in for residence card, and then looked for a better job. Her present status isn't the one that can sponsor you as non-EEA family member. Provided she gets a job (and starts working - even part-time), you can make a fresh EEA2 application. Don't leave it long (maybe a month) or they may start taking steps to arrest and remove you from UK.


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## Armando2 (Aug 22, 2013)

Hi Joppa

Thanks for the reply, I feel a little better now. Do you think that it would be safer for me to leave and ask for an EEA family permit to get in again once she has a job and make an application then? I really don't want to have any problems with the UKBA.
Thanks in advance!


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## Joppa (Sep 7, 2009)

No, that's not necessary.
Just re-apply as soon as your partner starts working again.


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## Armando2 (Aug 22, 2013)

Ok thanks Joppa, I really freaked out when they stated on the refusal letter that I SHOULD make arrangements to leave the UK. At the same time I received an incredible job offer that would secure our future. So she is already looking for a new job as we speak.
Once she finds a job it would be enough to send a single pay slip or there is like a minimum employment time to send an application?
You are saving my life here! Thanks a lot!


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## Jrge (Mar 22, 2011)

Hi,


Armando2 said:


> Ok thanks Joppa, I really freaked out when they stated on the refusal letter that I SHOULD make arrangements to leave the UK. At the same time I received an incredible job offer that would secure our future. So she is already looking for a new job as we speak.
> Once she finds a job it would be enough to send a single pay slip or there is like a minimum employment time to send an application?
> You are saving my life here! Thanks a lot!


Like Joppa has mentioned, even a part-time job will suffice. However, if finding a job becomes challenging for her, y'all could use your income for her to sponsor you as self-sufficient. A bit tricky route, but also legit.

And don't panic about that letter, it's just a generic form. 

Saludos!

Animo
(Cheers)


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## Joppa (Sep 7, 2009)

In that case you have to fork out for (private) comprehensive sickness insurance (CSI) for both of you in addition.


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## Armando2 (Aug 22, 2013)

Thanks Jrge and Joppa!

The thing is that my offer is valid if I can show a job permit, a COA is in the list that the employer provides but it says that is has to be maximum 6 months old. The company would provide private comprehensive insurance for both of us and and the salary would be around £40k. I am not sure if they will let me start working with my old COA!


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## Jrge (Mar 22, 2011)

Hi,


Armando2 said:


> Thanks Jrge and Joppa!
> 
> The thing is that my offer is valid if I can show a job permit, a COA is in the list that the employer provides but it says that is has to be maximum 6 months old. The company would provide private comprehensive insurance for both of us and and the salary would be around £40k. I am not sure if they will let me start working with my old COA!


You might have 3 options:

1) Re-apply ASAP with the hopes to get COA quick
2) Go to France with your spouse and upon entering UK ask for CODE 1A stamp. It will allow you to have a "fresh entry" valid for 6 months and to accept this job offer. Then whilst your spouse continues to look for employment you could gather a few payslips to then apply for EEA2. If your potential employer offers private medical insurance, then you are half-way thru the process.
3) Ask your potential employer if they will accept the old COA and as soon as you gather payslips and have private medical insurance, apply for EEA2. 

Animo
(Cheers)


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## Armando2 (Aug 22, 2013)

Hi Jrge

Thanks for the support. How long do you think that we must wait to make a new EEA2 application? She is actively looking for a job and hopefully she will find something within 2 weeks. You mentioned that even part time is accepted. So in case of finding a job we could send the application as soon as she gets her first pay slip and we could send every new pay slip to the UKBA to support the application.
Additionally I would like to ask you if I could be regarded right now as an overstayer or even illegal person in the UK? And if this first rejection could jeopardize our chances to get an EE2 in this new application?

Thanks a lot!


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## Jrge (Mar 22, 2011)

Hi,


Armando2 said:


> Hi Jrge
> 
> Thanks for the support. How long do you think that we must wait to make a new EEA2 application? She is actively looking for a job and hopefully she will find something within 2 weeks. You mentioned that even part time is accepted. So in case of finding a job we could send the application as soon as she gets her first pay slip and we could send every new pay slip to the UKBA to support the application.
> Additionally I would like to ask you if I could be regarded right now as an overstayer or even illegal person in the UK? And if this first rejection could jeopardize our chances to get an EE2 in this new application?
> ...


Mando, you aren't not will ever be an "illegal" in UK for as long as your spouse is there with ya.

No payslip is needed - if, she gets a contract of employment and/or her potential employer stamps and signs a section on form EEA2.

She only needs to work at least 10-15hrs weekly.

Animo
(Cheers)


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## Armando2 (Aug 22, 2013)

Thanks Jrge!

I was quite worried when they mentioned that: " if you fail to make a voluntary departure separate decision may be made at a later day to enforce your removal from the UK".
But then they say that a new application could be made, I really don't understand them...
Thanks again! I feel better now and the job hunting continues!


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## Armando2 (Aug 22, 2013)

Hi Everyone,

There's been an update and it would be great if any of you could give me an advice! My wife has a couple of job offers. The first one is a full time job but it is 150km away from our house. The second is a part time job in a pub (having payslips, it is a big pub chain). Is there an advantage having an full time job for the eea2 over a 25-30 hours per week job? She has to chose by tomorrow and we would prefer to apply with the part time job at the pub.
Thanks!


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## Jrge (Mar 22, 2011)

Hi,


Armando2 said:


> Hi Everyone,
> 
> There's been an update and it would be great if any of you could give me an advice! My wife has a couple of job offers. The first one is a full time job but it is 150km away from our house. The second is a part time job in a pub (*having payslips*, it is a big pub chain). Is there an advantage having an full time job for the eea2 over a 25-30 hours per week job? She has to chose by tomorrow and we would prefer to apply with the part time job at the pub.
> Thanks!


At least 15 hours of legal employment will suffice. It doesn't matter if sponsor works 3 full time jobs!

Animo
(Cheers)


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## Armando2 (Aug 22, 2013)

Jrge,

Thanks a lot she will do between 20 and 30 hours per week. With one payslip or a letter in headed paper will suffice to send the application is enough right? We don't have to have a certain number of payslips. We plan to send the payslips every week to support the application.
Thanks!!


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## Jrge (Mar 22, 2011)

Hi,


Armando2 said:


> Jrge,
> 
> Thanks a lot she will do between 20 and 30 hours per week. With one payslip or a letter in headed paper will suffice to send the application is enough right? We don't have to have a certain number of payslips. We plan to send the payslips every week to support the application.
> Thanks!!


If you read the application, it only ask for at least one payslip. However, lately I have been asking my "clients" is to get both forms stamped and signed by the EU national's sponsor. (All these information can be found on section 6 of the EEA2 form).

Please, do not send weekly payslips as it will cause more trouble than anything else.

Animo
(Cheers)


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## Armando2 (Aug 22, 2013)

Thanks Jrge I will do do that then!


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