EEA1,2 REFUSED AND APEAL REFUSED ..please help
Posted: Sat Jun 09, 2012 5:32 pm
hi please someone help us .? im really upset , dont know what to do for my job and studies now ,
Im non eea husband and my wife is eea
i came to uk on student visa on 2008 , then on post graduate visa ,it expired on 5/11/2011
we got married in september and applied on 01/11/2011 (before my visa expired)
we applied for eea 1,2 visa ,
visa refused on march ,
reason for 1st refusal :
the shop she works is not in company house , (the place she works is a sole trader and there is no need to be in company house )
did appeal to 1st tribunal and ,appeal refused as well,
reason for appeal refusal :
he agree that shop is excist . but , he said payslip and p60 did not match so it could be fake . and also because she had no holiday for 6months , (// but she just works on sat/sun//) . and he said me and wife incorrect on hearing with her extra working hours ...so the judge can't find my wife is working there .
my wife asked for a conformation letter from Hm and revenue .. and got the letter from them
appeal to upper tribunal and , refused again ,,
said there is no error in law .
...............................
now we are going to make a fresh application with a new employer
[b]the problem for me is , am i illegal in uk now / overstayer ? ?[/b]
because we are going to apply once my wife get the payslip from the new employer . we will apply in july 1st week ,,
so from now (or after 7days from today?) to july(till i apply again ) .
am i a overstayer or , does the eu family rights still cover me ? i have no appeals or application pending , with 3 refusals .. (shes in a new employer now so does it cover the eu rights?)
and im in fear of , i may loose the job? can i still work?
can please someone kind enough to answer us , as we both soo upset with all this ,
many thanks in advance
Im non eea husband and my wife is eea
i came to uk on student visa on 2008 , then on post graduate visa ,it expired on 5/11/2011
we got married in september and applied on 01/11/2011 (before my visa expired)
we applied for eea 1,2 visa ,
visa refused on march ,
reason for 1st refusal :
the shop she works is not in company house , (the place she works is a sole trader and there is no need to be in company house )
did appeal to 1st tribunal and ,appeal refused as well,
reason for appeal refusal :
he agree that shop is excist . but , he said payslip and p60 did not match so it could be fake . and also because she had no holiday for 6months , (// but she just works on sat/sun//) . and he said me and wife incorrect on hearing with her extra working hours ...so the judge can't find my wife is working there .
my wife asked for a conformation letter from Hm and revenue .. and got the letter from them
appeal to upper tribunal and , refused again ,,
said there is no error in law .
...............................
now we are going to make a fresh application with a new employer
[b]the problem for me is , am i illegal in uk now / overstayer ? ?[/b]
because we are going to apply once my wife get the payslip from the new employer . we will apply in july 1st week ,,
so from now (or after 7days from today?) to july(till i apply again ) .
am i a overstayer or , does the eu family rights still cover me ? i have no appeals or application pending , with 3 refusals .. (shes in a new employer now so does it cover the eu rights?)
and im in fear of , i may loose the job? can i still work?
can please someone kind enough to answer us , as we both soo upset with all this ,
many thanks in advance
,for the replay but