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EEA2 Unmarried partners refused. Appeal or new Application?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Youngeagle
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Joined: Sat Feb 01, 2014 4:31 pm

EEA2 Unmarried partners refused. Appeal or new Application?

Post by Youngeagle » Thu Feb 25, 2016 11:56 pm

Hi Could someone yes if the refusal is right?
We have our daughter now born and we are genuine couple

The home office refused on grounds of not enough supporting evidence



Is it better to file an appeal? Or File new application?

Regards

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: EEA2 Unmarried partners refused. Appeal or new Applicati

Post by Obie » Fri Feb 26, 2016 12:03 am

You could appeal and reapply, given the time they take for appeal these days. It also means that if the refuse again you would not have lost much.
Smooth seas do not make skilful sailors

Youngeagle
Newbie
Posts: 48
Joined: Sat Feb 01, 2014 4:31 pm

Re: EEA2 Unmarried partners refused. Appeal or new Applicati

Post by Youngeagle » Fri Feb 26, 2016 12:06 am

They say the partnership is a marriage of convenience.

If I do not appeal I can be deported? They will start looking for me? What is the time scale ?
Do you know how much time we have to file a new application? Or they will simply will come to my home address?

Regards

Youngeagle
Newbie
Posts: 48
Joined: Sat Feb 01, 2014 4:31 pm

Re: EEA2 Unmarried partners refused. Appeal or new Applicati

Post by Youngeagle » Fri Feb 26, 2016 12:09 am

They checked the documents and said.

That Im the director of the company for which my partner works and my partner is not a director
( THEY MADE IS A PROBLEM OF THAT)

Also they said that date on payslips do not coincide with the dates on the bank statements

ON THOSE ABOVE MENTIONED GROUNDS they said that my partner does NOT EXERCISE the treaty rights.


DOES SHE HAVE TO BE A NOMINATED DIRECTOR, the company exists 2,5 years and is a genuine company which i run

Youngeagle
Newbie
Posts: 48
Joined: Sat Feb 01, 2014 4:31 pm

Re: EEA2 Unmarried partners refused. Appeal or new Applicati

Post by Youngeagle » Fri Feb 26, 2016 12:11 am

They said it was my responsibility to prove that she does exercise??

But we also have some minimal rights?? Or they can refuse it as many times as they want to?

SORRY TO ASK SO MANY QUESTIONS.
JUST A BIT DEPRESSED.

Regards

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: EEA2 Unmarried partners refused. Appeal or new Applicati

Post by Obie » Fri Feb 26, 2016 12:17 am

Once the appeal is lodged I think you will be fine you can then properly formulate your case and send a further application.
Smooth seas do not make skilful sailors

Youngeagle
Newbie
Posts: 48
Joined: Sat Feb 01, 2014 4:31 pm

Re: EEA2 Unmarried partners refused. Appeal or new Applicati

Post by Youngeagle » Fri Feb 26, 2016 12:19 am

Sorry Obie, Can I file my appeal and at the same time whilst awaiting for appeal I can send the new application
to the HOME OFFICE?

They checked the documents and said.

That Im the director of the company for which my partner works and my partner is not a director
( THEY MADE A PROBLEM OF THAT)

Also they said that date on payslips do not coincide with the dates on the bank statements

ON THOSE ABOVE MENTIONED GROUNDS they said that my partner does NOT EXERCISE the treaty rights.


DOES SHE HAVE TO BE A NOMINATED DIRECTOR, the company exists 2,5 years and is a genuine company which i run

Is anyone awake?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: EEA2 Unmarried partners refused. Appeal or new Applicati

Post by Obie » Fri Feb 26, 2016 12:35 am

It is difficult to form a view of whether they were wrong or correct.

I have found myself in position of blaming the home office for what an applicant claim they did something wrong, only to find that it was the applicant that was wrong and not Home office.


You can appeal and reapply, apart from that I am unable to give an accurate views on the merit and lawfulness of the decision.
Smooth seas do not make skilful sailors

Youngeagle
Newbie
Posts: 48
Joined: Sat Feb 01, 2014 4:31 pm

Re: EEA2 Unmarried partners refused. Appeal or new Applicati

Post by Youngeagle » Fri Feb 26, 2016 12:37 am

Can I attach my refusal letter to the page?

I was trying to paste on to the forum and also tried to attach it and did not succeed.

Regards

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: EEA2 Unmarried partners refused. Appeal or new Applicati

Post by Obie » Fri Feb 26, 2016 12:41 am

Not sure that will be appropriate in the interest of preserving your privacy and variety of other reason.
Smooth seas do not make skilful sailors

Youngeagle
Newbie
Posts: 48
Joined: Sat Feb 01, 2014 4:31 pm

Re: EEA2 Unmarried partners refused. Appeal or new Applicati

Post by Youngeagle » Fri Feb 26, 2016 12:42 am

I will not put my name and will not put and personal details.

Just the refusal letter. My marriage is genuine and there is nothing to hide.

Can i do that please? MR Moderator?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: EEA2 Unmarried partners refused. Appeal or new Applicati

Post by Obie » Fri Feb 26, 2016 12:56 am

It is your decision and choice to do whatever you deem fit.
Smooth seas do not make skilful sailors

Youngeagle
Newbie
Posts: 48
Joined: Sat Feb 01, 2014 4:31 pm

Re: EEA2 Unmarried partners refused. Appeal or new Applicati

Post by Youngeagle » Fri Feb 26, 2016 9:30 am

but can i upload it?
I was trying to do so and the web site did not allow me that.
There is an upload button but I could not do it.
Is it technically possible?

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: EEA2 Unmarried partners refused. Appeal or new Applicati

Post by Casa » Fri Feb 26, 2016 9:45 am

There isn't a facility for you to upload it.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Youngeagle
Newbie
Posts: 48
Joined: Sat Feb 01, 2014 4:31 pm

Re: EEA2 Unmarried partners. Which one to tick

Post by Youngeagle » Mon May 09, 2016 11:55 pm

Dear forum users which one do you need to tick off? the 1-st or the 2nd?

I have ticked 1 is that correct?




1) I’m an EEA national extended family member and I’m applying for a registration certificate


2) I’m a non-EEA national extended family member and I’m applying for a residence card


Im non EU national which is unmarried partner of EU national applying on 2 years living together form
EEA(EFM)
Application for a registration certificate
or residence card as the extended family
member of a European Economic Area
(EEA) or Swiss national

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