OVERSTAY QUESTION

[JBMAN]

Hello all,
I really need advise on concerning my EEA 2 APPLICATION.

I am married to a french national,and we applied for my RC in july after 6 month we got invited for interview which we did.

I have just recieved a letter today stating that my RC has been refused on the grounds that my spouse stated in the interview that she stoped work in september thereby according to Regulation 6 of the immigration (EEA) Regualtions 2006 my application was refused but they are fully convinced that my relationship is genuine.

bored members can you pls advise if i write a letter of reconsideration to the case-worker including her recent payslip which would come in january as she has just got a new job ? or do i go for an appeal

and i was given the right to appeal but there ws no deadline on when and how long i need before i make this appeal.

As i was on a tier 4 visa which has now expired would i overstay if i wait till january when i get her payslip to write the letter of reconsidration?
i await your response thanks

[aiza78601]

u can lodge ur appeal then ur 3c leave will continue ,u wont be overstayer.u can lodge ur appeal within 14 days its mean 10 working days .like if u received ur decision on monday ur first working day will start from tuesday

[vinny]

Section 3C is not applicable. But you are legally in the UK, if your wife is a qualified person. As stated above, you should Appeal within the time limit. You may also write to the caseworker.

[JBMAN]

Thanks Vinny for the reply,
can you pls share some more light on why you stated that Section 3C is not applicable in my case?

I am currently in the uk legally and in regards to my refusal letter,there was no time stamp indicating how long i need to make an appeal,this is really confusing .

i am looking to write a letter of reconsidration mid january when we recieve a payslip from her new job,i really dont have the financial capability to lodge an appeal at this time due to financial comitment for this month.

wouldbe helpful if you or any moderator can shed some more light onthis issue because it was not stated in my refusal letter that i have 10 or 14 days to make an appeal or face removal,i certainly dont want to become an overstayer.