EEA 2 Refusal with the right of appeal.Help!ite urgent.

[samfam]

Hello All !
Hope you all are doing fine..You guys been alot of for me lately with my EEA Family permit.Anyways,Describing my confusing situation to seek some professional help.

I am non-EU Wife of EEA(Swedish) National. Submitted my EEA2 Application on 25th July 2015 along with all the supporting documents i.e Original passport ,Islamic Marriage certification ,Swedish Marriage registration certificate, Photographs of us together ,Husband's Swedish ID , His Bank statements(4 months ), Electricity bills + Water bills ( proof of us living together) .

I received a refusal Letter dated 8th January 2016 on the grounds of that he is not a qualified person and not acting any treaty rights.As, I submitted under the category of Qualified person ( Employed permanently) .My husband changed the job in between the period of application being processed. H.O phone on 8th December 2015 to the company(the company he was working for by the time I applied for application) to confirm about his employment but unfortunately by that time he has been working for the new company. Also, they mention that in the bank statements there were just two months of salary shown, which is absolutely wrong .The bank statements shows the salary for four months.

They said to leave the country as I have no right to live as I have failed to do so. They didn't return my passport but sent back all other documents.They wrote that i make arrangements to travel and ask for the passport from local immigration .
Also, They suggest I can submit an appeal to first tier tribunal with in calendar 14 days or can make new application alternatively .So What you guys think would be best to do because I heard(not sure) appeal took more than 1 year and with the new application I have to wait for more six months again.

Could you guys suggest what is the best thing to appeal or re apply ? Do I need to hire a solictor ? What documents should I provide them again ? I already got his Employment letter from new job , all the payslips of whole year .Please help I am running out of time

[samfam]

And what is better to chose a oral hearing or paper hearing?

[noajthan]

Hello All !
Hope you all are doing fine..You guys been alot of for me lately with my EEA Family permit.Anyways,Describing my confusing situation to seek some professional help.

I am non-EU Wife of EEA(Swedish) National. Submitted my EEA2 Application on 25th July 2015 along with all the supporting documents i.e Original passport ,Islamic Marriage certification ,Swedish Marriage registration certificate, Photographs of us together ,Husband's Swedish ID , His Bank statements(4 months ), Electricity bills + Water bills ( proof of us living together) .

I received a refusal Letter dated 8th January 2016 on the grounds of that he is not a qualified person and not acting any treaty rights.

...

Could you guys suggest what is the best thing to appeal or re apply ? Do I need to hire a solictor ? What documents should I provide them again ? I already got his Employment letter from new job , all the payslips of whole year .Please help I am running out of time

You clearly need to establish beyond a shadow of a doubt your sponsor/spouse's qualified status as a worker so, yes send:
employment letter, also contract, any letters from HR, relevant contact details for place of work (if different from head office), any wage/salary statements, any new tax office details.

If you have all this from the first job & didn't submit it before then submit all that for first job too; eg payslips.

If anything is potentially unclear suggest include a cogent covering letter to explain & signpost your evidence so it can't be overlooked or misunderstood.

Suggest keep scans & copies of all evidence & letters/forms that you submit - for your reference.

I can't advise which is best strategy, paper or oral appeal or reapply, so let's see what other members come up with.

[samfam]

[/quote]

You clearly need to establish beyond a shadow of a doubt your sponsor/spouse's qualified status as a worker so, yes send:
employment letter, also contract, any letters from HR, relevant contact details for place of work (if different from head office), any wage/salary statements, any new tax office details.

If you have all this from the first job & didn't submit it before then submit all that for first job too; eg payslips.

If anything is potentially unclear suggest include a cogent covering letter to explain & signpost your evidence so it can't be overlooked or misunderstood.

Suggest keep scans & copies of all evidence & letters/forms that you submit - for your reference.

I can't advise which is best strategy, paper or oral appeal or reapply, so let's see what other members come up with.[/quote]

He moved here on 1st November 2014 and joined his new job on 3rd November 2014.He had been work with the previous company from November 2014 till October 2015. joined new company from November 2015 .so, I have all the payslips from old and new company.H.O made a call to old company in december(when he was working with new company).we didn't knew that we have to update about his working status to H.O

[samfam]

You clearly need to establish beyond a shadow of a doubt your sponsor/spouse's qualified status as a worker so, yes send:
employment letter, also contract, any letters from HR, relevant contact details for place of work (if different from head office), any wage/salary statements, any new tax office details.

If you have all this from the first job & didn't submit it before then submit all that for first job too; eg payslips.

If anything is potentially unclear suggest include a cogent covering letter to explain & signpost your evidence so it can't be overlooked or misunderstood.

Suggest keep scans & copies of all evidence & letters/forms that you submit - for your reference.

I can't advise which is best strategy, paper or oral appeal or reapply, so let's see what other members come up with.[/quote]

He moved here on 1st November 2014 and joined his OLD job on 3rd November 2014.He had been work with the previous company from November 2014 till October 2015. joined new company from November 2015 .so, I have all the payslips from old and new company.H.O made a call to old company in december(when he was working with new company).we didn't knew that we have to update about his working status to H.O[/quote]

[samfam]

Contract with the company is confidential between two parties.Would it still be needed when I have the Employment letter from the new company.

[noajthan]

Contract with the company is confidential between two parties.Would it still be needed when I have the Employment letter from the new company.

Don't forget you need to leave the caseworker with no doubts & no 'wriggle room' about your spouse's status this time.
You get one shot - so suggest erring on side of caution.

A contract is one of the documents listed in the PR guidance:
https://www.gov.uk/government/uploads/s ... nts_v1.pdf
- see page 7

[ASNUL]

I'm a non EU married to EU ( Polish ) I applied on the 14th of July 2015 on the basis of that my spouse is a job seeker, we thought that the job seeker registeration is for the ones who are seeking allowances, so we didn't register on those grounds I received on the 23rd of December a refusal dated 19 saying the same things about leaving the country and appeal, I called the home office and they advised to resubmit the application with new documents since my spouse is working now as the appeal takes too long, I called a soliciter for free consultation and he said this is a solution , I resubmitted the application 3 weeks ago, and still waiting! A bit worried as the appeal deadline passed already, but the gentlemen in here confirmed that in our case we are in the country legally as long as our spouses are excersizing their treaty rights which is a relief.

[samfam]

I'm a non EU married to EU ( Polish ) I applied on the 14th of July 2015 on the basis of that my spouse is a job seeker, we thought that the job seeker registeration is for the ones who are seeking allowances, so we didn't register on those grounds I received on the 23rd of December a refusal dated 19 saying the same things about leaving the country and appeal, I called the home office and they advised to resubmit the application with new documents since my spouse is working now as the appeal takes too long, I called a soliciter for free consultation and he said this is a solution , I resubmitted the application 3 weeks ago, and still waiting! A bit worried as the appeal deadline passed already, but the gentlemen in here confirmed that in our case we are in the country legally as long as our spouses are excersizing their treaty rights which is a relief.

How long an appeal would take? Any rough idea?

[samfam]

Contract with the company is confidential between two parties.Would it still be needed when I have the Employment letter from the new company.

Don't forget you need to leave the caseworker with no doubts & no 'wriggle room' about your spouse's status this time.
You get one shot - so suggest erring on side of caution.

A contract is one of the documents listed in the PR guidance:
https://www.gov.uk/government/uploads/s ... nts_v1.pdf
- see page 7

Thanx a lot for all your help.Hope it works out as early as possible .

[ASNUL]

The best if you check the subject of appeal time line in the same index you made your post, however they advised it might take up to 6 months till you get your hearing depends on the case, but note something , appeal means you are actually saying that the Ho made wrong decision, if you did not notify them about any changes in your case and refusal came on the ground of the documents you have submitted then they did not make a wrong decision, they made the decision according to the documents submitted.

[samfam]

The best if you check the subject of appeal time line in the same index you made your post, however they advised it might take up to 6 months till you get your hearing depends on the case, but note something , appeal means you are actually saying that the Ho made wrong decision, if you did not notify them about any changes in your case and refusal came on the ground of the documents you have submitted then they did not make a wrong decision, they made the decision according to the documents submitted.

Thank for your answer.I want to go for a Re apply. But My passport have been retained and my cases has been forwarded to local immigration team.Do I need to request them or Home office about my passport as I have to submit all original documents with new application? Also, How long I can take to submit my new application? We are thinking to apply my husband's Registration certificate(premium) as well this time.I will apply for Residence card afterwards.