# EEA2 Application Help



## chippo (Jan 28, 2011)

I am an Australian citizen.
My wife is a Spanish citizen.
We first came to the UK on the 19th September 2011.
We entered the UK with a Family Permit Visa, which began on the 6th June 2010. However it expired on the 6th January 2011.

We made an application for an EEA2 (residence card) and I have received my whole application back (all documents and passports), and a letter back from the Border Agency saying that we had “insufficient evidence to establish that I have a right of residence”. The letter also said that it wasn’t “a formal determination of my status” and that they “will not be giving any further consideration” to my case.

We were aware that my application was not sufficient as my wife does not have a job at the moment. However we thought that it would be best to submit the application, without the evidence of my wife exercising her treaty rights, so as not to complicate matters in terms of my status.

We have all the necessary documents apart from the employment documents they require. We also included many documents that indicated my wife has been actively looking for employment (so far having sent approximately 55 employment applications). Additionally, she is highly qualified, having recently graduated from a Masters-level degree in Spain, and has English-language accreditations also.

We are requiring help to get the EEA2 residence card.

To make matters slightly more complicated, I am currently a student in the UK and I began studying under the Family Permit Visa, however as it has expired, we would like to know if this will complicate matters in terms of receiving the residence card.

Apart from my wife continuing to look for a job, what can we do?

Thanks


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## Joppa (Sep 7, 2009)

chippo said:


> I am an Australian citizen.
> My wife is a Spanish citizen.
> We first came to the UK on the 19th September 2011.
> We entered the UK with a Family Permit Visa, which began on the 6th June 2010. However it expired on the 6th January 2011.
> ...


What you should do without delay is to lodge an appeal against their decision to issue a residence card, under Regulation 26 of 2006 EEA Regulations, or steps will be taken to remove you from UK as your Family Permit has expired. This will buy you time, as there is usually a delay in arranging an appeal, and if in the meantime your wife finds a job, you will be in a much stronger position to win your appeal. You will also be able to continue your studies while you await your appeal.


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## chippo (Jan 28, 2011)

Joppa said:


> What you should do without delay is to lodge an appeal against their decision to issue a residence card, under Regulation 26 of 2006 EEA Regulations, or steps will be taken to remove you from UK as your Family Permit has expired. This will buy you time, as there is usually a delay in arranging an appeal, and if in the meantime your wife finds a job, you will be in a much stronger position to win your appeal. You will also be able to continue your studies while you await your appeal.


Thanks Joppa.
I think that I will contract a solicitor and most likely we'll arrange to do such a thing.
Cheers


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## chippo (Jan 28, 2011)

Joppa said:


> What you should do without delay is to lodge an appeal against their decision to issue a residence card, under Regulation 26 of 2006 EEA Regulations, or steps will be taken to remove you from UK as your Family Permit has expired. This will buy you time, as there is usually a delay in arranging an appeal, and if in the meantime your wife finds a job, you will be in a much stronger position to win your appeal. You will also be able to continue your studies while you await your appeal.


how long do you think we have to submit again the documents? 

I know it would be as soon as possible, but they haven't specified anything.


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## Punktlich2 (Apr 30, 2009)

chippo said:


> Thanks Joppa.
> I think that I will contract a solicitor and most likely we'll arrange to do such a thing.
> Cheers


Bear in mind that your spouse doesn't need employment matching her potential: any trivial job will do. Levin & Lawrie-Blum cases of the ECJ, etc.

It has been known for some in your position to be employed at low wage (£6,000 p.a. etc) under a sweetheart contract with a friend's company... while looking for something better. Of course the third-country national spouse can work or study without restriction.


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## chippo (Jan 28, 2011)

Punktlich2 said:


> Bear in mind that your spouse doesn't need employment matching her potential: any trivial job will do. Levin & Lawrie-Blum cases of the ECJ, etc.
> 
> It has been known for some in your position to be employed at low wage (£6,000 p.a. etc) under a sweetheart contract with a friend's company... while looking for something better. Of course the third-country national spouse can work or study without restriction.


Thanks. I was aware of that. My wife is going to start looking for other types of jobs now.

Our only worry is whether we can get everything in order ASAP so that the HO doesn't take action with us.


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## Joppa (Sep 7, 2009)

chippo said:


> Thanks. I was aware of that. My wife is going to start looking for other types of jobs now.
> 
> Our only worry is whether we can get everything in order ASAP so that the HO doesn't take action with us.


I don't know about an appeal under European legislation, but under UK law you have 28 days in which to lodge your appeal after you receive your notice of decision.


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