EU1 Refused - Employer No Longer Trading

Hi

My EU1 got refused saying the EU citizen no longer works in the company she was employed with. The company stopped trading in last week of December and my decision was due 28th but they took decision on 06/01/16. I have given a review form to submit any proof of activities of the EU citizen within the state at the moment.She doesn't have any job now so what do I do now any help will be really great
thanks
ali

She is still a worker ? If she is searching for work.

Hi Obie

how do we prove that she is still a worker. it is only a week since she is out of work. We even don't have a p45 yet. we have only been given 15 days to review the case. any idea what should we do
thanks v much

Need to do the review and make reference to the law.

How long was she working for before the work ended?

she worked from 13th July till 31/12/15

Is she searching for work now.

You ought to have addressed this issue and informed the department, prior to the deadline and the time the employment came to an end, and inform them that she is seeking work.

I did advise you to write them, but for reasons unknown to me, you did not want to.

If she is seeking work after the short term contract came to an end, and you are able to demonstrate this, then she is a worker.

why didn't you write the department when she left the job? and Obie what can he do for this situation?

She will continue to qualify under regulation 6 (2)(c)(iii) If she register her unemployment with FAS and provide details of this change of circumstances with the department.

It was a trap that the department set and you appear to have fallen for it.

They refused to issue the Stamp 4. They did not have basis to refuse EU fam, so they waited until fixed term was about to end and then make a decision.

But you ought to have been a step ahead of them by writing to them prior to that fixed contract coming to an end, informing them of your wife's intention to register with FAS and continue to look for work.

thanks Obie

if I knew I would have written to them
so first step is to register with Fas office and once get communication from them write to the department of justice explaining she is looking for work

But if she was still employed so why the employer hadnt confirmed her employment with them then ? you said that she doesnt have the p45 yet so means she is still employed, or the employer has told the immigration that they have stopped trading ?

hi Griffith she was not informed about her termination of contract.
Obie she has got a job now so should I just send the review form explaining that she is exercising EU Treaty rights and the decision be overturned

I have sent my new job payslips , Tax credit certificate and contract to the department with a review form asking them to overturn the decision.

the new job started from 01/01/16 and we were refused the application on 06/01/16 saying the EU spouse was no longer employed in the old job.

so technically saying she was still exercising her EU treaty rights at the time the application was refused.

Do you think they will overturn the decision ?? and how long does it take for a review to take place

just worried