EEA1/EEA2 Refusal

Hi all,
I sent in an application to the HO in january for a RC. I'm presently married to an EU national. The application was refused in june on the grounds that my spouse was not registered under the WRC. We appealed and won the appeal and the immigration tribunal held that my spouse was exercising her treaty rights. The HO appealed against the 1st tribunal's decision last month and we just got a new letter from the higher tribunal that my spouse was out of work for 2 months and it wont count as a qualifying period. My present student Visa has ran out in June and the tribunal is asking us to produce any new documents to support our claim. With all honesty, we dont have any other documents as she was actually made redundant in february and march before getting another job in April. She presently has 2 jobs.
Right now, my employer has suspended me from work until i get a letter authorising me to do so from the HO. It's really a big problem as i am fully dependent on my wife now for upkeep. Please any good advice will be very much appreciated.
Many Thx.
Jus.

Hey guys , I am in dire need of help here. Pls don't just read and waive my problem aside. Problem shared is problem solved i believe. Please help.

pleeeaaaasssseeee guys, i need your opinion on my case.

justice69 wrote:Hi all,
I sent in an application to the HO in january for a RC. I'm presently married to an EU national. The application was refused in june on the grounds that my spouse was not registered under the WRC. We appealed and won the appeal and the immigration tribunal held that my spouse was exercising her treaty rights. The HO appealed against the 1st tribunal's decision last month and we just got a new letter from the higher tribunal that my spouse was out of work for 2 months and it wont count as a qualifying period. My present student Visa has ran out in June and the tribunal is asking us to produce any new documents to support our claim. With all honesty, we dont have any other documents as she was actually made redundant in february and march before getting another job in April. She presently has 2 jobs.
Right now, my employer has suspended me from work until i get a letter authorising me to do so from the HO. It's really a big problem as i am fully dependent on my wife now for upkeep. Please any good advice will be very much appreciated.
Many Thx.
Jus.

why not safe yourself all the stress and just put in a new application, since your spouse now has two job, the new certificate of application will allow you to work while waiting for your RC, you can also do both at the same time, new application and appeal.

Brown212 wrote: why not safe yourself all the stress and just put in a new application, since your spouse now has two job, the new certificate of application will allow you to work while waiting for your RC, you can also do both at the same time, new application and appeal.

But the requirement is obviously that the A8 national must have been working for a continuous period of 12 months which is obviously not the case. So my guess would be that a new application would have to be made for WRS/FMRS.

Thx a lot Brown212 and 86ti. My worries is my visa has expired in July, won't I be refused the FMRS application based on this and the HO won't they dismiss my application since I have a pending appeal at the upper tribunal?
I really appreciate your comments, it gives mr more strength and also confirms that wot I will be doing is in the right direction.

Justice, i am sure you would have received these advice before.

Under the Workers registeration Scheme, the UK is allowed to put transitional measures on A8 or A2 national, for a period specified on the Accession treaty.

The WRS, as much as i disagree and despice it, for perfectly justifiable reasons, is lawful, therefore there is every possibility that the Upper Tribunal will not be able to overturn Home Office decision, except of course you take it to the High Court, or Court of Appeals of course. Then again the merit is pretty limited.

Unfortunately, the time your partner spend unemployed restart the WRS clock, which means she has to reapply for it again, and you have to wait for another 12 months, before you will qualify for a Rsidence Card. Except of course, if she exercises treaty right under a different capacity.

The expired visa, will have no impact, provided the marriage is not one of convenience, which i am not insinuating is the case.

I wish you success in your application.

Obie wrote:... and you have to wait for another 12 months, before you will qualify for a Rsidence Card...

I would think that should be possible no later than May 2011.

86ti wrote:
I would think that should be possible no later than May 2011.

Will spot on 86ti, good man. Transitional arrangement ceases to be in force by next summer. It is amazing its will be 2011 soon.

After that as you rightly pointed out, A8 national will be treated for the purpose of Article 39 of the EC treaty, the same way as other EU national.

Unfortunatly the even more restrictive measures will still be in place for A2 nationals unfortunately.

Thx a lot Obie and 86ti for the brilliant comment.
I must say Obie, that our marriage is not that of convenience. Infact, my wife had a miscarriage 3 months ago due to work pressure as she is the only one working at the moment and I'm fully dependent on her. Can her GP's report serve as good support for our documents to be sent in our application as I intend to put in the fresh application asap. I really don't mind waiting till May to get the RC but I need to get back to work to support my family.
Many thanks once again.

@ Obie, what do u mean by Transitional arrangement ceases to be in force by next summer. It is amazing its will be 2011 soon. Can you please explain better. Thx.

I wish to express my sincere gratitude to all the good pple on this forum who gave me very useful hints. I av applied for the FMRS as was advised and now i await the HO's confirmation. Pls keep up the good work.
Many thx,
Justice.

hi my friend i have same problem as u do . my application is rejected because my wife is not registered under wrs scheme she has been here from 2007 what do you suggest me i am also a student and my visa expired on may 2010 please advice me what you did...

i think you should apply for FMRS.

Did you apply for fmrs ???how long does it take...i am worried can i straight way apply for fmrs

go to the ukba website and download the forms...

http://www.bia.homeoffice.gov.uk/siteco ... /fmrs1.pdf

thanks for the help...can my wife apply for wrs how can u do that???and can please tell me the documents needed for wrs... she is currently working but she had some gaps in between will that affect while applying wrs.....??and can we again apply for eea2 ....i will be greatful because i have no idea it would so messy thank u

if your wife is from the A8 countries, she must first apply for the wrs before you can proceed with any other application. pls visit the link below and read through...

http://www.ukba.homeoffice.gov.uk/worki ... s/workers/

thanks for the suggestion >>>I applied for WRS it says it'll take 2-4 weeks to come.do u think it is good to apply for fmrs now ......??my wife has WRS certificate rc was rejected because she was not registered WRS under the current job..Can i apply for FMRS without getting WRS certificate for the new job ...Please replay me thank you

i think it's better u wait for the wrs to come through cos its part of the documents you need to apply for fmrs. i presume you av not read the notes for applying for the fmrs. take time to read it ot you may be making mistakes. all the best mate.

My wife already has the WRS card.She applied worker registration certificate for the job she is currently on.FMRS FORM asks for:

Your family member’s worker registration card(which we have) and worker registration certificates(which we have applied)

and at least one of the following
Contract(s) of employment (*we have)
Most recent wage slips (at least one)(*we have)
Letter(s) from employer confirming your employment(*we have)


WE ARE MISSING worker registration certificate BUT WE HAVE APPLIED AND IT'S ON PROCESS.DO YOU THINK WE CAN APPLY FOR FMRS BECAUSE WE HAVE ALL OTHER EXCEPT worker registration certificate WHICH WE HAVE ALREADY APPLIED.....>>>wHAT DO U THINK ABOUT THIS PLEASE TELL ME.....THANKS FOR UR SUPPORT

You already have been rejected once because of the missing registration under the WRS scheme and now you are asking if you can try that again? Anyway, what's the rush?

It is just because i am helpless.I don't want them to regard me as illegal ...thanks for ur help i will do as u say

You are not illegal so stop worrying! If you had carefully read the links provided above you would have seen that you are not even required to apply for the FRMS.