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Hello ,

I submitted my EEA2 application in September 2013 for UK residence card. I submitted pay slips of about a year of my spouse. Because they required it in the form as the only proof of employment. But we forgot to write down the contact number of the employer and also their email address.
The employer left UK soon i submitted my application and the employment ceased.

And in January 2014 they refused my application stating the employment is not genuine.

I submitted my appeal in First tier tribunal in January.

In June 2014 the judge dismissed my appeal and copy and pasted the exact decision of the home office , before the decision The judge asked home office to send full file but the home office never replied to him till now.

I provided the judge HMRC letter confirming the employment, bank statements and employer letter in addition to pay slips which i already submitted.
The judge said because the respondent ( Home office ) did not provide full file and did not reply in any form so it does not mean appellant will won the appeal. so in limited evidence i dismiss the appeal.

The judge ignored the evidence i provided to him.

I then sent reconsideration request to home office providing new evidence such as HMRC confirmation, Bank statements showing receipts from employer and employer ref letter but they then replied that they reconsidered the procedure of the handling of my application and found it according to the law. And they will not change the decision.
The home office not even mention about the evidence.

What should i do now , it seems judiciary and bureaucracy has some kind of collusion to refuse European applications despite solid evidence.

If your spouse (EEA national) is in the UK and a qualified person then you can apply EEA 2 application again with the support of current treaty rights.
HO rejected your application on the basis of treaty rights.
As per EEA 2 requirements,EEA national must be a qualified person at the time of application.
I don't understand that why you stuck on the previous treaty rights in the court?and showing the previous HMRC record instead of current treaty rights.?

Johnyjohn. What do you mean by HMRC confirmation which you sent. I have never heard of this before.

when a judge dismiss your appeal, you make an application to the Upper Tribunal to set the decision aside
You dont go and complain to the Secretary of State.

Remember she is your opponent, and is likely to agree withthe judge irrespective of whether or not he was wrong in law or erred.

Imshzd wrote:If your spouse (EEA national) is in the UK and a qualified person then you can apply EEA 2 application again with the support of current treaty rights.
HO rejected your application on the basis of treaty rights.
As per EEA 2 requirements,EEA national must be a qualified person at the time of application.
I don't understand that why you stuck on the previous treaty rights in the court?and showing the previous HMRC record instead of current treaty rights.?

Thanks Imshzd,

Thats what i am thinking now but is it ok if my other visa was expired in December last year?

Johnyjohn wrote:

Imshzd wrote:If your spouse (EEA national) is in the UK and a qualified person then you can apply EEA 2 application again with the support of current treaty rights.
HO rejected your application on the basis of treaty rights.
As per EEA 2 requirements,EEA national must be a qualified person at the time of application.
I don't understand that why you stuck on the previous treaty rights in the court?and showing the previous HMRC record instead of current treaty rights.?

Thanks Imshzd,

Thats what i am thinking now but is it ok if my other visa was expired in December last year?

No problem IF you are a family member of a EEA national who is a qualified person in the Uk.

Thanks Friend