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EEA2 residence card REFUSED as jobseeker-Reapply or appeal?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Kcman
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Posts: 1
Joined: Sat Feb 22, 2014 4:11 pm

EEA2 residence card REFUSED as jobseeker-Reapply or appeal?

Post by Kcman » Thu Feb 27, 2014 2:04 pm

I was wondering if you would be able to give advice on a matter of extreme urgency and I really hope I can get some feedback from this great forums.

I am the non EU spouse of an EU citizen. I got married to him on the 18th of Oct 2013. I was on a working visa valid till the 5th of April 2016. I applied for a residence card using a EEA2 form as my EU spouse is a job seeker on the 14th of Dec 2013, and I received COA on the 7th of Jan 2014. I started my new job in Feb 2014 which is not under any working visa anymore, because I been told once I get married to EU person, I have the right to work in UK. By the same time, my previous working visa is expired because I changed my employer. On 21st of Feb 2014, I got refused with right to appeal.

The documents we send in are:
1) passports
2) UK marriage certificate
3) our tenancy contract
4) Evidence of EEA nationals job seeker status:
-1*job seekers agreement dated 11 10 2013
-Letters from the department of work and pensions in relation to their job seekers allowance claim
-a CV
-1*degree certificate
-email print showing job applications.

The reason of refused: 1. I have not evidenced that your sponsor was in employment 12 months prior to becoming a job seeker. the CV provided shows that your sponsors last paid part time job ceased in Oct 2009. 2. it is acknowledged that your sponsor has been attending university since 2010 however the degree certificate provided shows that they graduated on 17,Jun 2013 in light of this your sponsor has been unemployed for more than 6 months and can therefore not qualify as a job seeker.

But actually, 1. he worked all the time before his university, not contumely, but in total way more than 12 months, and in his CV he just didn't put that much because the structure of CV what he feels better to show to the employer. 2. I sent my application out on 14 Dec 2013, so from he graduated 17 Jun 2013, he has been unemployed within 6 months. (although, now he is still unemployed, but should we looking back to the time when we made the application?)

I was considering reapplying as he is Self-sufficient instead of appealing against the rejection. Just wanted advice as to whether it is the right course of action I am contemplating.

So if I reapply as he is Self-sufficient, he's Self-sufficient based on my salary. My salary is our only income which the money is saving under my own bank account. And as I just got a new job this month, so I didn't have my 1st payslip yet until 7th Mar 2014. But I have all my previous payslips and contracts.

Please advise what should I do now, reapply or appeal?

if reapply as he is self sufficient, in my personally case, what kind of document should I send?

Thanks very much.

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 12:47 pm

Re: EEA2 residence card REFUSED as jobseeker-Reapply or appe

Post by askmeplz82 » Thu Feb 27, 2014 10:24 pm

Because you have VALID PERMIT still EEA can be self sufficient from your income

- EU national need to have unrestricted access to your funds ( Joint account for example )
- apply for Comprehensive health insurance for everyone including kids ( if you have )
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 7:22 pm

Re: EEA2 residence card REFUSED as jobseeker-Reapply or appe

Post by EUsmileWEallsmile » Fri Feb 28, 2014 6:12 pm

Moved to correct forum section.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: EEA2 residence card REFUSED as jobseeker-Reapply or appe

Post by Obie » Fri Feb 28, 2014 7:10 pm

Smooth seas do not make skilful sailors

Raj5
Junior Member
Posts: 97
Joined: Thu Mar 18, 2010 2:41 pm

Re: EEA2 residence card REFUSED as jobseeker-Reapply or appe

Post by Raj5 » Fri Apr 04, 2014 11:47 am

askmeplz82 wrote:Because you have VALID PERMIT still EEA can be self sufficient from your income

- EU national need to have unrestricted access to your funds ( Joint account for example )
- apply for Comprehensive health insurance for everyone including kids ( if you have )
The application of one of the person I know got refused on the ground that the EU national did not have £40000 in her account. The application was made on the basis of self-sufficiency. So they require such a high amount to prove self-sufficiency?

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