eea4 div refused,drop appeal?new eea2?

hi again. (I used this forum several months ago)
thanks for all your advice here guys.

my fiancee's application for permanent residence eea4 was refused (after 19 months since submitting) as he did not provide enough evidence that his ex was exercising treaty rights. we were advised by a solicitor to drop the appeal (as we will not get any docs from ex) and start a new application eea2 based on our 3,5 y relationship and 2 kids.

we still have 1 week left to apply (well, to appeal).

can u please help? we are most worried about his job, the employer keeps asking for documents as his residence card expired in july 2008.

as he only is my 'extended family member' , does he have right to work? we called HO yesterday and the guy said that if we applied on eea2 they would sent us certificate of application that would state if he is eligible to work.

has anybody of you who applied on eea2 as extended family member (partner) received certificate of application stating they could work?

hoping to get some help here. cheers!

My heart and sympathy are with you. Mine was refused though HO admitted that my spouse and me have exercised our treaty rights for continues 5 years but they refused mine on the grounds that my spouse passport has expired.Why do you want to drop the appeal? Did you divorce your spouse ? Can you show that the relationship lasted for more than 3 years? Seek alternative advise from other solicitors.Good luck.You are not alone i lost my job because of HO delays and at long last refuse the application was refused as well. I have lodged an appeal.

The COA of extended family members does not state the right to work