Page 1 of 1

EEA4 rejected, "no further basis of stay in the UK"

Posted: Thu Oct 10, 2013 12:18 am
by Ajudante
Dear all

I applied for EEA4 as a family-member of a EEA national who is already a permanent resident in the UK, after 5 years as a student (now self-employed, and employed from January 2014). His EEA3 application was successfull.

My EEA2 card expired this year and I applied for a EEA4

My EEA4 application was rejected because I was out of the UK for more than 6 months in a year, during the last 5 years so it was not a continuous 5 years living in the UK with my partner. Fair enough. However, the rejection letter says "No further basis of stay in the UK." and "as you appear to have no alternative basis of stay in the UK you should now make arrangements to leave". They also give me the chance of appeal or to resubmit the application for permanent residence. No mention of the possibility of applying for another 5 year EEA2

What does this mean? I thought that according to European law, I had the right to live in the UK without any visa or residence documentation. How can they say "no further basis of stay in the UK".

What should I do? Can I apply for another EEA2?

Should I hire a lawyer? Anyone can recomment one, based in London? What services can an immigration lawer offer, in a case like this?

Many thanks

Posted: Thu Oct 10, 2013 12:28 am
by vinny
Why were you absent for over six months?

You should still be able to remain on the basis of being a family member of an EEA national.

Posted: Thu Oct 10, 2013 12:30 am
by sheraz7
Its just a generic/standard refusal letter and if you have not completed your 5 years with EU partner then simply apply another eea2 rc which should be very straightforward because your eea national partner won't need to exercise treaty rights due to already being permanent resident.

Posted: Thu Oct 10, 2013 12:31 am
by vinny
Please continue in previous thread.