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Hi Everybody!

I am a non EU married to a German, I already have my residence card.

the HO refused my mum's EAA2 because my wife is getting JSA, she has worked before for more than 6 months and then she was a jobseeker, but I failed to inform them about it, they obviously find out about it when looking at her bank statements, silly of me! I admit that

Anyway from the bottom line!

They have refused EAA2 because we have failed to provide evidence that our EEA family member is a qualified person.

Thank god my wife she has just been offered a new job and she will start on the 29th of March 2010.
She has got a letter of offer for employment and a contract.

Would you please guide me how shall I appeal provinding what documents?

What chances we have?

Deadline 31/03/2010

Thanks very much!!!

Why appeal? Just apply anew with the new evidence.

No need to appeal. Send fresh EEA2 application (along with valid passports + passport photos) and evidence of your wife's new employment - offer letter and contract.

I was mid-way through and didn't notice you had posted same response first.

86ti wrote:Why appeal? Just apply anew with the new evidence.

I will suggest the op go ahead with her appeal, because the home office can come up with another reason for refusal in a fresh application and may probably take more than 6months. But the appeal will be base on the reason for refusal.

Brown212 wrote:

86ti wrote:Why appeal? Just apply anew with the new evidence.

I will suggest the op go ahead with her appeal, because the home office can come up with another reason for refusal in a fresh application and may probably take more than 6months.

The HO may sometimes have a 'strange' interpretation of EU law but they do not just 'come up with something'. HO didn't believe that the German national was a qualified person (which would also affect the status of the OP, by the way). To be a jobseeker one must have the joblessness registered and must also actively search for work. One can be a jobseeker for at least six months. In the appeal the OP must show that that was indeed true. The OP will also have to show that the mother is truly a dependant. And what makes you think that the appeal would be quicker than a new application? If the appeal would be one though, this may be beneficial when applying for PR.

86ti wrote:The OP will also have to show that the mother is truly a dependant.

Whose mother?

Plum70 wrote:

86ti wrote:The OP will also have to show that the mother is truly a dependant.

Whose mother?

ibi1975 wrote:I am a non EU married to a German, I already have my residence card.

the HO refused my mum's EAA2 because my wife is getting JSA, she has worked before for more than 6 months and then she was a jobseeker, but I failed to inform them about it, they obviously find out about it when looking at her bank statements, silly of me! I admit that

Thank you guys fir the convencing answer!
No need to appeal that' clear!

Any deadline to send a new EEA2 ( deadline 4 the appeal 31/03/2010 ) ?

They have confiscated her passport, and they do have her fotos, they already have copies of the 1st eaa2 shall I submit again the supporting documents with the new eea2?

Does it matter if my wife,s job is paying less than 400£ a month because its a training job with the NHS ?

Thank u guys I love u:)

Must have blinked and missed it!

ibi1975 wrote:Thank you guys fir the convencing answer!
No need to appeal that' clear!

Any deadline to send a new EEA2 ( deadline 4 the appeal 31/03/2010 ) ?

They have confiscated her passport, and they do have her fotos, they already have copies of the 1st eaa2 shall I submit again the supporting documents with the new eea2?

Does it matter if my wife,s job is paying less than 400£ a month because its a training job with the NHS ?

Thank u guys I love u:)

I believe there's no deadline for re-application

Attach a COVERING LETTER with the i1st application's reference number highlighted and indicating that the passport and the other documents if any are with them(HO).

I don't think the £400 is going to be a problem. There's a Case Law(case study) to that effect. Will digg it for you.

Good Luck

Thanks ed.dude

do u think I have to submit again the supporting documents ( they do already have copies as they have mentioned it in the appeal letter ), I thought just the eaa2 application, my wifes work documents and a covering letter

thanks