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Refused RC application

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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tmarb14
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Joined: Sat Dec 01, 2018 3:55 pm
India

Refused RC application

Post by tmarb14 » Mon Dec 03, 2018 12:41 pm

Hi there!

I am in need of some advice on my current situation. I have recently applied for an RC, did my biometrics and received a COA. However, a week after that, all my documents were returned with a letter saying my application has been refused. I am not intending to appeal but I am thinking of maybe applying for a NINO first, just so that I can seek employment and apply for the new settlement scheme later. Will I be able to use my COA as proof that I can work in the UK on my EEA FP? I thought I would be able to, but then I noticed this paragraph on my COA.

"You are permitted to accept offers of employment in the United Kingdom, or to continue in employment, whilst your application is under consideration and until either you are issued with residence documentation or, if your application is refused, until your appeal rights are exhausted."

Does this mean the COA becomes invalid after the 14 days for my right to appeal are up? I am very confused as it also says I can use it as a form of proof as long as it is within six months from the date it was issued.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Refused RC application

Post by secret.simon » Mon Dec 03, 2018 6:40 pm

What is the basis of your RC application? Are you the spouse of an EEA citizen in the UK, or are you the durable partner or other extended partner? How and how long has your EEA Citizen sponsor been exercising treaty rights in the UK?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

tmarb14
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Posts: 3
Joined: Sat Dec 01, 2018 3:55 pm
India

Re: Refused RC application

Post by tmarb14 » Mon Dec 10, 2018 3:36 pm

Well the thing is, my husband holds dual nationality for Ireland and the UK. He lives and work in Northern Ireland. We used his Irish passport for applying for the EEA permit and it got accepted. I was able to travel to the UK. We were surprised that things went by "okay", so we went ahead to apply for the Residence card. When we got the reply back from the home office, it was mentioned there that the Deciding officer had made a mistake in granting us the family permit in the first place because of my husband being a dual national and them not realizing the fact on our EEA FP application. They didn't threatened us with anything like me having to leave the country instantly but we are worried of the future as it is. Now we are in a fix, as it seems that the only option that can make things right now, is if he renounces his British nationality. It does however seems like a big risk in case it ever gets rejected again. We have gone through so many cases other people have gone through but non really matched ours. And we are so lost as to what we need to do. Do you think my husband renouncing his british citizenship would open the door for me in getting a residence permit?

mufc69
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Re: Refused RC application

Post by mufc69 » Mon Dec 10, 2018 6:53 pm

The reason why it was refused is because your husband is a dual citizen but first and foremost is a British citizen, I’m also from Northern Ireland. I have been told from quite a few sources that if your husband renounced his British citizenship you can then rely on EU rules to remain in the UK, I actually know a guy who’s wife is from the Philippines, he renounced his British citizenship and she was issued a residence card. If your husband decides to do this he must be working etc to apply as a qualified person.

tmarb14
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Posts: 3
Joined: Sat Dec 01, 2018 3:55 pm
India

Re: Refused RC application

Post by tmarb14 » Tue Dec 11, 2018 7:54 pm

Another question I'm hoping you might help, do you think he can proof his Irish Citizenship using only his passport while renouncing his British Citizenship? We thought of registering for foreign births, to get an Irish birth certificate as well since at the time he was born in England. However we saw the length of time it takes to get one and then the amount of time it takes for renouncing. It would be nearly a whole year before we can get any of the documents we need. But he does have his valid Irish passport. Will that be enough to proof he is a citizen of Ireland?

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