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Appeal or Reapply after EEA2 Visa Refusal?

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

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AnxiousBuddha
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Appeal or Reapply after EEA2 Visa Refusal?

Post by AnxiousBuddha » Mon Jan 09, 2017 8:03 pm

Hello Everyone,

I am an American who arrived in the U.K. on the 31st of May 2016. On Wednesday the 15th of June 2016 I sent off my Visa application so that I may be able to work here. My wife is here with me as well. She works and has a bank account and living arrangements in Putney. She is an Irish citizen and I have applied for the visa with her as my sponsor. We've been married for two years and before this I was living with her in Ireland. Where we lived and worked for two years. I came here to the U.K. ignorantly without applying for a family permit in Ireland which I now regret because this process has a been a total nightmare. I never even got a COA with right to work even after I messaged them and called several times. I waited 7 months only to now receive a refusal letter which states that I wasn't given a visa due to the fact that when I applied I didn't include my wife's correct registration certificate info although I never stated that i'd send one. I thought my wife didn't need one... she's been working in the U.K. and going to doctors and even opened a bank account without any registration certificate. No one ever ask for one. They also have stated that another reason for the refusal is due to the fact that when I applied I only included an email showing talks of her getting a job. Which apparently wasn't good enough because it never stated she got the job. I was only showing she was actively looking for work. She did get the job after but I was never told that I should've sent more evidence of her actually getting the job. I called home office and email them several times about the time it was taking and the fact that I had no right to work. No one ever said anything about sending them any info. I asked all this because I wanted my COA letter corrected and also wanted my visa. I'm not sure is this is all ignorance on my part why I was refused but I am desperate. My wife is sick and can't be alone. At this point we're both ready to give up and just leave back to Ireland even though we've settled here now and she got her job going which she loves. I now don't know where to turn too as home office won't help much. They just give me the same story...

Should I appeal my case or just reapply again for the visa?

i'm not sure what the better option would be and if anyone with any info on here i'd greatly appreciate it.
I've been out of work for the first time in my life for a total of 7 months now and I don't know if I can handle all this stress. It's really getting to me at this stage. It'd be great if I can reapply again and get an active COA with right to work. I really should've been given that the first time as we're moving from Ireland an EU country and we're using surinder singh I don't think this is the way the process should've gone. Correct me if i'm wrong.

Thank you all for your time.

MrSlyFox
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Joined: Sun Nov 06, 2016 2:58 pm

Re: Appeal or Reapply after EEA2 Visa Refusal?

Post by MrSlyFox » Mon Jan 09, 2017 11:12 pm

Is your wife a British Citizen? Because Surinder Singh only applies to British Citizens who have moved to another EU country (You only say Irish Citizen). I believe people state appeals take longer than replying.

Try reading some posts on form about appeals:
http://www.immigrationboards.com/search ... appeal+EEA

A work contract and p60s are stronger proof than an email which may be disregarded as the HO doesn't like things printed yourself (they ask bank statements to be stamped by the bank for if received online).

AnxiousBuddha
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Joined: Mon Jan 09, 2017 2:07 pm

Re: Appeal or Reapply after EEA2 Visa Refusal?

Post by AnxiousBuddha » Tue Jan 10, 2017 1:42 am

Thanks, I think I misunderstood what I read. I didn't mention it in my original application so i'm okay in that aspect. Should there be any reason for them not to approve my COA if I just reapply? My wife is clearing 18,000 a year. Not sure if I'll have trouble just reapplying. I just want to get to work at this stage. :roll:

noajthan
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Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Appeal or Reapply after EEA2 Visa Refusal?

Post by noajthan » Tue Jan 10, 2017 9:30 am

A RC is not a 'visa'.

If COA does not confirm right to work due to faulty documents you will not normally be issued a 'corrected' one even if you send further documents.

Reapplying is probably quicker (than appealing).
Watch the timelines, seems to be taking 3-4 months, sometimes a tad over 6 months.

Is sponsor/spouse a qualified person now (eg working) or is she on sick leave?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

AnxiousBuddha
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Posts: 4
Joined: Mon Jan 09, 2017 2:07 pm

Re: Appeal or Reapply after EEA2 Visa Refusal?

Post by AnxiousBuddha » Tue Jan 10, 2017 1:23 pm

Yes, she's working full time. She just has disabilities which she needs me to be with her at all times.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Appeal or Reapply after EEA2 Visa Refusal?

Post by noajthan » Tue Jan 10, 2017 1:42 pm

AnxiousBuddha wrote:Yes, she's working full time. She just has disabilities which she needs me to be with her at all times.
In that case, with a sponsor who is a qualified person, suggest reapply with good documentary supporting evidence.
Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

AnxiousBuddha
Newly Registered
Posts: 4
Joined: Mon Jan 09, 2017 2:07 pm

Re: Appeal or Reapply after EEA2 Visa Refusal?

Post by AnxiousBuddha » Tue Jan 10, 2017 3:12 pm

Thanks very much I'm going to go ahead with that then.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Appeal or Reapply after EEA2 Visa Refusal?

Post by noajthan » Tue Jan 10, 2017 6:22 pm

AnxiousBuddha wrote:Thanks very much I'm going to go ahead with that then.
This may help - enjoy ...

FMs:
https://www.gov.uk/government/uploads/s ... als-v4.pdf

QP:
https://www.gov.uk/government/uploads/s ... _clean.pdf

RCs - including long and short COA information:
https://www.gov.uk/government/uploads/s ... s_v4.0.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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