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can I make a fresh application while appeal is pending

Posted: Thu Aug 02, 2012 3:26 pm
by bil123
Hi,
I have some questions if some one can answer me please can I make a fresh application for a RC while my appeal for the recent RC refusal decision is pending,the only change will be that my EU sponsor will be treating right as a worker as in the previous application my Eu sponsor was treating rights as a student as there are loads of issue with the CSI ands funds so we are thinking to put a new application in the same time while appeal is also pending.

Will it work like this?
how many hours Eu sponsor has to do if claiming as a worker?
Can we apply on a basis that EU sponsor is working but just started a job ?or Eu sponsor should have some work history to be called as a worker.?

Cheers.


Bil

Posted: Fri Aug 03, 2012 6:01 am
by Jambo
Yes. It is possible.

The application is just a confirmation of your rights. If you meet the regulations, a RC will be issued.

See Who is a worker. 10-15 hours a week should be enough. There is no need for a minimum amount of time. If you can provide the evidence (job contract, letter from employer if you don't have a payslip yet), that's fine.

Posted: Fri Aug 03, 2012 9:00 am
by Phina
I sort of did the same and you what's funny? they returned my latest application as not being qualified and outlining how one can exercise treaty rights however my appeal was successful. I think it just tells you how uncannily they process these applications.

Good luck!

Posted: Sat Aug 04, 2012 1:14 am
by bil123
Jambo wrote:Yes. It is possible.

The application is just a confirmation of your rights. If you meet the regulations, a RC will be issued.

See Who is a worker. 10-15 hours a week should be enough. There is no need for a minimum amount of time. If you can provide the evidence (job contract, letter from employer if you don't have a payslip yet), that's fine.
thanks

Posted: Sat Aug 04, 2012 1:17 am
by bil123
Phina wrote:I sort of did the same and you what's funny? they returned my latest application as not being qualified and outlining how one can exercise treaty rights however my appeal was successful. I think it just tells you how uncannily they process these applications.

Good luck!
lucky you atleast you won your appeal mine turned down yesterday with some strange findings by the judge ..the judge found some more erros which even home office didnt argue on my innitial application ..yes they all are funny. :)

Posted: Sat Aug 04, 2012 1:34 am
by mobismome
hi bill what are the reasons the immigration judge gave for not allowing your appeal.

thanks

Posted: Sat Aug 04, 2012 1:58 pm
by bil123
mobismome wrote:hi bill what are the reasons the immigration judge gave for not allowing your appeal.

thanks
1)CSI I provided is not comprhensive.(Ho refusal was on payment not on comprehensive now judge said payments for the insurance are ok but its not a required cover)

2) A declaration from EU student ,grant letter for uni fees paid in full ,1700 Euros maintainance loan and NOn EU husband £200 per week wages are not enough to satisfy judge that Eu sponsor will not become a burden on social assisstance system of Uk.

I am surprised and again dissappointed but cant do any thing a part from saying few bad words to them.