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refusal letter
Posted: Mon Nov 22, 2010 7:55 pm
by mahmoudradwan
hello
i want someone to help me please
i'm non EU married to EEA and we came to the uk since february 2010 we applied for EEA1 ans EEA2 while were living in yorkshir. i moved to wales and i informed the HOME OFFICE by phone about changing the adress after they send me a letter of application certificate with the id case number which was sent to yorkshir. i applied in june and they sent the letter in august. after that i heard nothing so i phoned them many times and i made sure that they got the new address.this month i had to ask my papers back and then they send me the passports with a refusal letter saying that they contacted me to send them a comperhensive medical insurance for my wife and they said that i didnt answer them, but i didnt get any letters from them because it seems that they sent it to the old adress. now i have to travel outside the uk my point is what i have to do? will it be easy to get another entery clearance to renter the uk? or you advice me to stay here till the result of my appeal? should i contact the home office again?
thanks
Posted: Mon Nov 22, 2010 8:02 pm
by 86ti
For the new entry clearance you would have to demonstrate that your wife is exercising treaty rights. This essentially means that you will need the same documents as you will need for the EEA1/2 application. If you have all that than it should be possible but sometimes there are problems with some embassies or they are slow, etc. I am not sure if an appeal gets you much. Why not just reapply with all documents (and correct address) this time?
Posted: Mon Nov 22, 2010 8:11 pm
by mahmoudradwan
thanks guru
the first entery clearance i got it in 5 days
they even didnt ask about my wife's treaty rights.
do you think i shouldent travel? and wait till the appeal or as you said that the appeal wont give me anything?
the lady at the court told me on telephone it is better to stay here.
also i got a secured job here.
also i cant apply again till i get a new entery clearance because the one i got it expired now
Posted: Mon Nov 22, 2010 8:35 pm
by 86ti
Travelling could always be a risk. If it is not important why not skip the trip?
Of course they didn't ask about exercising treaty rights because your wife wasn't at the time of the first application. I didn't say that your appeal won't be successful I just wondered why you just didn't reapply. How long would the appeal approximately take?
You don't have to apply for another entry clearance as for that you would have to leave the country. What has expired is only the validity of the sticker but not your rights. This means that you can savely sleep while the appeal is pending. Your stay is still perfectly legal.
Posted: Mon Nov 22, 2010 8:50 pm
by mahmoudradwan
i'm aware that i'm staying here legally while my appeal is pending. but i got some buisens and i have to do it outside the uk. so the importance of my trip. i'm just worried if i went outside the uk i dont succeed to re-enter again.
yes the entery clearance date is expired, i already applied online for an appointment for another one and just i'm worried that they refuse to give me a new one.
also i think i cant apply again till i got a valied sticker of entery clearance
what do you suggest????
Posted: Mon Nov 22, 2010 8:53 pm
by mahmoudradwan
about the appeal i phoned the tribunal and they said it would take from 4 to 12 months
and i dont know how long will it take to decide and what will they decide
also i got the health insurance from AXXA and i sent them my wife's NHS card.
i supplied the court also with her student card because they is having some courses here.
Posted: Mon Nov 22, 2010 8:54 pm
by 86ti
mahmoudradwan wrote:also i think i cant apply again till i got a valied sticker of entery clearance what do you suggest????
I do not know what you mean by this. Why would you need an entry clearance for any EEA2 application? Answer: you don't.
Posted: Mon Nov 22, 2010 9:02 pm
by mahmoudradwan
so you suggest if i didnt travel that i can reapply again now to the EEA2 with the same entery clearance which is expired?
and if i went outside uk i'll have to apply for entery clearance.
Posted: Mon Nov 22, 2010 9:07 pm
by 86ti
You can apply for a residence card any time. A valid entry clearance is not necessary. If you are a visa national you will most likely need a fresh EEA family permit as otherwise you will have trouble getting on the plane.
emergency help needed
Posted: Mon Feb 03, 2014 10:43 pm
by shomrat khan
hello guys
hope you guys alright?i applied for my eea2 application since last year, after 6 months i got my refusal letter from HO. than i went for appeal again they refused me than i went for upper tribunal they did not give me a permission to carry on upper tribunal. after 4 weeks they send me a letter and give me a permission for court of appeal did not go for appeal. than i applied for reconsideration for my eea2 applicaton still i did not get any news from HO.
question is still have i got right to work in uk?please let me knw asap coz my work place,they suspend me from work without pay and they they said to me i have to show them any letter fron HO tht i have right to work so guys please advice me what i need to do??
thanx