EEA2 Refused-EU Spouse quitted job before decision was made

[Zoser]

Dear All,

I seek urgent help for my case, please check the summary below:

- July 2014 Arrived to the UK on a EEA Family Permit
- 23/9/2014 submitted EEA2 application (Worker Route)
- 1/10/2014 We had to change accommodation and reported address change to HO with a recorded mail
- 3/10/2014 COA was issued and was sent to the old address (we could get later after contacting the landlady)
- 30/11/2014 my EU spouse had to quit her job
- 1/12/2014 contacted the HO to confirm the new address is updated, they confirmed and advised the application was not assigned at that time to a caseworker
- 8/12/2014 my wife started recruitment process for a new job which took too much time to complete (more than one month)
- 31/12/2014 I received an employment offer but could not continue until the RC is issued
- 31/12/2014 contacted HO for updates, they advised a decision was made and sent out on 22nd Dec
- After many calls, I realized that HO sent the documents to the old address and that the royal mail dumped the documents there without any signature,
it took us a few days to be able to reach the landlady of the old house which finally confirmed she has a package with some documents including passports
- After we could finally meet with the landlady and get the documents back, we found a letter of refusal with the right to appeal stating that: They contacted the employer of my EU spouse and she confirmed that my wife no longer works there.

NOW:
- My EU spouse has got an employment offer with a start date at the end of the month

My enquiries:
- What is the best route to take now? Appeal, Reconsideration Request or Re-apply?
- If I shall re-apply, then is it OK to submit a new application with employment start date that is after 10 days? and can the HO reject the application on the basis that my EU spouse was not exercising her treaty rights at the time of submitting the application?
- What is standard period of time for anyone to leave the UK after getting refused? (not to be considered over-stayer)

Apologies for the long summary, I just wanted to mention all important events to get a clear advice.

Thanks in advance!

[fatimahh]

As long as you are married to an EEA national you will not be considered overstayer and do not need to leave the country. My advice to you will be to reapply after your wife has got at least 2 payslip if weekly or 1 if monthly and add to that her work contract. i know you desperate need the residence card to be able to work, but better do it safely than be sorry.
Reconsideration or appeal??? i do not think so because there was no error from the case worker as your wife was indeed not working when they checked
Good luck

[Zoser]

As long as you are married to an EEA national you will not be considered overstayer and do not need to leave the country. My advice to you will be to reapply after your wife has got at least 2 payslip if weekly or 1 if monthly and add to that her work contract. i know you desperate need the residence card to be able to work, but better do it safely than be sorry.
Reconsideration or appeal??? i do not think so because there was no error from the case worker as your wife was indeed not working when they checked
Good luck

Many thanks Fatimahh !

[Obie]

I think you should appeal.

It is wrong for them to refuse because a person is not longer working, they should enquire the circumstances in which the person lost their job, as some people continue to be a qualified person after they have lost their job or quit.

Perhaps they were made redundant or went to do a course related to their last job.

In both circumstances stated above the person will retain their worker's status and UKVI is wrong to refuse without seeking clarification as to the position of the person.