if EEA2 refused. can we stay or re apply?

zazii · Post by **zazii** » Mon May 01, 2017 9:14 am

Hi,
i am a visa family permit holder who arrived in UK in march under SS route with my british citizen spouse. then i applied for EEA2 and i made an application for HO. however i just realized that the form for application in GOV is changed from 22 of march and there is more option to filed for SS. and in the first page of application form is mentioned that this form is used for the application on 22 of march and after . but when i applied for this application there was not any option for british citizen that should be worker or jobseeker. and in the GOV website there was a phrase that ; you can apply for RC immediately after arrival as your sponsor is british citizen.
my question is :
1.what would happen with my application since i received an email from home office which my application is being consider.

zazii · Post by **zazii** » Mon May 01, 2017 10:15 am

Hi,
if eea2 refused under SS , can we stay in UK or re apply while the eea family permit is expired?
because i think HO will write in the refusal letter that we have to leave as soon as possible

alphagear · Post by **alphagear** » Mon May 01, 2017 2:12 pm

Why do you they will refuse?

Are you working?

zazii · Post by **zazii** » Mon May 01, 2017 2:22 pm

alphagear wrote:Why do you they will refuse?

Are you working?

i am not refused, my application is in the process, it was just a question.

CR001 · Post by **CR001** » Mon May 01, 2017 3:03 pm

Topics Merged (click)

zazii · Post by **zazii** » Mon May 01, 2017 3:41 pm

CR001 wrote:Topics Merged (click)

Thanks!
do you have any idea about my topic? as you are so experienced.

zhda_gfr · Post by **zhda_gfr** » Tue May 02, 2017 10:35 am

Hi,

I was wondering How long it took you to get the EEA visa?
because i have applied for my husband but it has been 4 months and i havent heard anything back from them. Just to clarify myself,

I am a Dutch national and a university student tryingg to get my husband over to the UK from Afghanistan.

After returning from Afghanistan i tried to make an visa application myself on behalf of my husband and we submitted it in New Delhi- India.
However it was refused as not all the required documentation were submitted and the wrong application was used.

Then I inquired about the required documents and paid a solicitor to make an application on behalf of us. paid quiet a huge amount of money. the application was submitted on 3rd of January 2017 and its been 4 months we still have not received any reply. everytime my caseworker emails the UKVI, all the say is the application is in process . Now my husband has travelled all the way to India for this, and he cannot come back to his country. Recently they emailed that the application has reached the British High Commission. what exactly does that mean?
Iam currently going through a very hard time because of this and its ridiculous how the immigration system is so slow and unproductive at all.

I would like to know what the maximum processing time is for such applications and why?

zazii · Post by **zazii** » Fri May 05, 2017 10:00 pm

Hi,
I would like to know that:

a) can we apply for spouse visa inside uk, while we have entered uk under eea family permit( surinder singh)

b) if yes, if visa has expired, can we apply yet?

c) if we hold residence card from another EEA country, which is valid for next 2 years. can we live lawfully in uk?

Casa · Post by **Casa** » Sat May 06, 2017 8:50 am

zazii wrote:Hi,
I would like to know that:

a) can we apply for spouse visa inside uk, while we have entered uk under eea family permit( surinder singh)

b) if yes, if visa has expired, can we apply yet?

c) if we hold residence card from another EEA country, which is valid for next 2 years. can we live lawfully in uk?

Your post is confusing. Are you asking if you can switch from an EEA FP to a Spouse visa under UK Immigration Rules ?

If what 'visa' has expired? Do you mean the EEA FP

rahmsye · Post by **rahmsye** » Sat May 06, 2017 8:55 am

zazii wrote:Hi,
I would like to know that:

a) can we apply for spouse visa inside uk, while we have entered uk under eea family permit( surinder singh)

b) if yes, if visa has expired, can we apply yet?

c) if we hold residence card from another EEA country, which is valid for next 2 years. can we live lawfully in uk?

You can only apply for spousalvisa from outsideUK as far as Iknow you cant switch the visa i.e fp to spousal visa from inside the Uk to seperate vise one is eea the other is UK immigration rules if that swhat you are asking.

SO you have to be outside UK in order to apply for spousal visa.

zazii · Post by **zazii** » Sun May 07, 2017 2:18 pm

I am non-eu family of british citizen who came to uk in march and applied immediately for eea2 under surinder singh. but we didn't know that the british citizen has to be qualified person( we came to UK together)
the british citizen will be qualified person for jobseeker next month)

my question is,

1.would i cancel my application then apply next month?

2.will they refused my application for this reason? (regarding that my documents are so strong except the problem that i mentioned above. )

vinny · Post by **vinny** » Sun May 07, 2017 2:21 pm

CR001 wrote:Topics Merged (click)

zazii · Post by **zazii** » Sun May 07, 2017 2:27 pm

Casa wrote:
zazii wrote:Hi,
I would like to know that:

a) can we apply for spouse visa inside uk, while we have entered uk under eea family permit( surinder singh)

b) if yes, if visa has expired, can we apply yet?

c) if we hold residence card from another EEA country, which is valid for next 2 years. can we live lawfully in uk?
Your post is confusing. Are you asking if you can switch from an EEA FP to a Spouse visa under UK Immigration Rules ?

If what 'visa' has expired? Do you mean the EEA FP

yes . for example i am living in uk under EEA family permit which is for 6 month, after expiration of visa my sponsor has 18600 revenue . can i switch it to spouse visa?

Casa · Post by **Casa** » Sun May 07, 2017 2:28 pm

Not from within the UK.

zazii · Post by **zazii** » Sun May 07, 2017 2:52 pm

Casa wrote:Not from within the UK.

https://www.gov.uk/remain-in-uk-family/overview

but i found some thing here, is itt applicable since my sponsor is british?

Casa · Post by **Casa** » Sun May 07, 2017 2:57 pm

zazii wrote:
Casa wrote:Not from within the UK.
https://www.gov.uk/remain-in-uk-family/overview

but i found some thing here, is itt applicable since my sponsor is british?

No, as an FLR(M) application is for someone who has valid leave under another category within the UK Immigration Rules....which you don't.

zazii · Post by **zazii** » Sun May 07, 2017 3:03 pm

Casa wrote:
zazii wrote:
Casa wrote:Not from within the UK.
https://www.gov.uk/remain-in-uk-family/overview

but i found some thing here, is itt applicable since my sponsor is british?
No, as an FLR(M) application is for someone who has valid leave under another category within the UK Immigration Rules....which you don't.

which means if i get RC eea2. i can switch tight?

Casa · Post by **Casa** » Sun May 07, 2017 3:18 pm

zazii wrote:
Casa wrote:
zazii wrote:
Casa wrote:Not from within the UK.
https://www.gov.uk/remain-in-uk-family/overview

but i found some thing here, is itt applicable since my sponsor is british?
No, as an FLR(M) application is for someone who has valid leave under another category within the UK Immigration Rules....which you don't.
which means if i get RC eea2. i can switch tight?

No. You are unable to switch routes between EEA Regulations and the UK Immigration Rules.

zazii · Post by **zazii** » Sun May 07, 2017 3:31 pm

a question: if eea2 refused, i will be overstayer while my spouse is british?

Casa · Post by **Casa** » Sun May 07, 2017 3:32 pm

zazii wrote:a question: if eea2 refused, i will be overstayer while my spouse is british?

Yes.

zazii · Post by **zazii** » Sun May 07, 2017 3:37 pm

Casa wrote:
zazii wrote:a question: if eea2 refused, i will be overstayer while my spouse is british?
Yes.

if i appeal or re-apply ?

Casa · Post by **Casa** » Sun May 07, 2017 3:57 pm

You can do either, but a new application is likely to be a quicker process than an appeal.

An appeal or a new application must be made within 14 days of the refusal to avoid being an overstayer.

zazii · Post by **zazii** » Sun May 07, 2017 4:43 pm

Casa wrote:You can do either, but a new application is likely to be a quicker process than an appeal.

An appeal or a new application must be made within 14 days of the refusal to avoid being an overstayer.

could i do it at the same time?

Casa · Post by **Casa** » Sun May 07, 2017 4:55 pm

zazii wrote:
Casa wrote:You can do either, but a new application is likely to be a quicker process than an appeal.

An appeal or a new application must be made within 14 days of the refusal to avoid being an overstayer.
could i do it at the same time?

One or the other from within the UK. Not both at the same time.

zazii · Post by **zazii** » Sun May 07, 2017 5:14 pm

Casa wrote:
zazii wrote:
Casa wrote:You can do either, but a new application is likely to be a quicker process than an appeal.

An appeal or a new application must be made within 14 days of the refusal to avoid being an overstayer.
could i do it at the same time?
One or the other from within the UK. Not both at the same time.

if we appeal and then re-apply within 14 days. is it illegal? since some user in this forum did it.

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