Refusal resident card as EEA wife

[eri83]

Hello to everyone,

I am an Albanian citizen married to Italian citizen with regular Permit to reside in Italy.

My husband has a permanent contract with an Italian Company that is offering a service of maintenance for some machinery to a British Company. In other word my husband is about 1year and 4 months working physically in Uk and receiving the salary from Italy.

I joint my husband with Family Visa EEA that was just for 6 months before my visa expired I was told to make the application for a Resident Card. After 5 months I received a Refusal with reason that I failed in providing that my husband exercise the Treaty Rights as Self-sufficient Qualified Person.

Now I have to return in Italy voluntary and my husband is going join me after 4 month when his project is going to terminate.
Now we are in April and in the late of May and early of June I have to attend an English exams with Cambridge University.

My question is (as in the reply of Home Office is not specified) :
1) Can I postpone my departure for 2 month and 15 days ? Is any way I can ask for this opportunity?
2) In case I have to leave the Uk sole immediately can I do an application from Italy for tourist visa for coming back to visit my husband and have this exam ?


Thank I really appreciate if somebody is going to reply me
Best Regard
Eri

[noajthan]

If sponsor/spouse is exercising treaty rights as a self sufficient person then do you both have CSI?

If not then take out a policy - then reapply for RC.
You should be able to remain.

Alternately, why didn't the company get hubby (& you) a Van der Elst work visa?

[eri83]

Thank you for the reply

Me and my husband have both CSI - Italian sanitary card (mine need to be renewed but expired during the period I was blocked waiting for the application RC to process ) .
In the refusal reply they have been contradictory with themself claiming that doc I have send weren't real like payslips or bank statement and is funny because I send the same for my EEA visa permit and they were and in that case they were ok. Anyway I can understand they do not want more people to come here.

I am not interested to have RC -because we don't want to live in UK



I just want to understand how to fulfil my right to stay with my husband until he finished his project so my question is :
After a refusal of RC how can I stay 2 more month with my husband in UK.

Thank you
Eri

[noajthan]

...

I just want to understand how to fulfil my right to stay with my husband until he finished his project so my question is :
After a refusal of RC how can I stay 2 more month with my husband in UK.

Thank you
Eri

I understand you don't need a new 5-year RC as hubby's contract is coming to an end soon.

My suggestion is simply this: if you fix the documents/fix the CSI (whatever is wrong with them) and re-apply for a RC you could stay in UK while its processing (whether you actually want it or not).

[eri83]

Thank you another time for being so gentle and replying

To fix my CSI I have to go back in Italy and from outside Uk you can't do RC application

I am looking to understand how much time after the refusal I have to return back voluntary, but I cant find it anywhere...

Good day
Eri