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EEA4 rejected, "no further basis of stay in the UK"

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

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Ajudante
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Posts: 28
Joined: Wed Mar 07, 2012 6:41 pm

EEA4 rejected, "no further basis of stay in the UK"

Post by Ajudante » Thu Oct 10, 2013 12:18 am

Dear all

I applied for EEA4 as a family-member of a EEA national who is already a permanent resident in the UK, after 5 years as a student (now self-employed, and employed from January 2014). His EEA3 application was successfull.

My EEA2 card expired this year and I applied for a EEA4

My EEA4 application was rejected because I was out of the UK for more than 6 months in a year, during the last 5 years so it was not a continuous 5 years living in the UK with my partner. Fair enough. However, the rejection letter says "No further basis of stay in the UK." and "as you appear to have no alternative basis of stay in the UK you should now make arrangements to leave". They also give me the chance of appeal or to resubmit the application for permanent residence. No mention of the possibility of applying for another 5 year EEA2

What does this mean? I thought that according to European law, I had the right to live in the UK without any visa or residence documentation. How can they say "no further basis of stay in the UK".

What should I do? Can I apply for another EEA2?

Should I hire a lawyer? Anyone can recomment one, based in London? What services can an immigration lawer offer, in a case like this?

Many thanks

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Oct 10, 2013 12:28 am

Why were you absent for over six months?

You should still be able to remain on the basis of being a family member of an EEA national.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Thu Oct 10, 2013 12:30 am

Its just a generic/standard refusal letter and if you have not completed your 5 years with EU partner then simply apply another eea2 rc which should be very straightforward because your eea national partner won't need to exercise treaty rights due to already being permanent resident.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Oct 10, 2013 12:31 am

Please continue in previous thread.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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