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EEA1,2 REFUSED AND APEAL REFUSED ..please help

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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jathoo
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Joined: Sat Jun 09, 2012 4:58 pm

EEA1,2 REFUSED AND APEAL REFUSED ..please help

Post by jathoo » Sat Jun 09, 2012 5:32 pm

hi please someone help us .? im really upset , dont know what to do for my job and studies now ,

Im non eea husband and my wife is eea

i came to uk on student visa on 2008 , then on post graduate visa ,it expired on 5/11/2011

we got married in september and applied on 01/11/2011 (before my visa expired)

we applied for eea 1,2 visa ,


visa refused on march ,


reason for 1st refusal :

the shop she works is not in company house , (the place she works is a sole trader and there is no need to be in company house )


did appeal to 1st tribunal and ,appeal refused as well,

reason for appeal refusal :

he agree that shop is excist . but , he said payslip and p60 did not match so it could be fake . and also because she had no holiday for 6months , (// but she just works on sat/sun//) . and he said me and wife incorrect on hearing with her extra working hours ...so the judge can't find my wife is working there .


my wife asked for a conformation letter from Hm and revenue .. and got the letter from them

appeal to upper tribunal and , refused again ,,


said there is no error in law .
...............................

now we are going to make a fresh application with a new employer

[b]the problem for me is , am i illegal in uk now / overstayer ? ?[/b]

because we are going to apply once my wife get the payslip from the new employer . we will apply in july 1st week ,,

so from now (or after 7days from today?) to july(till i apply again ) .
am i a overstayer or , does the eu family rights still cover me ? i have no appeals or application pending , with 3 refusals .. (shes in a new employer now so does it cover the eu rights?)



and im in fear of , i may loose the job? can i still work?


can please someone kind enough to answer us , as we both soo upset with all this ,




many thanks in advance

EUsmileWEallsmile
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Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Sat Jun 09, 2012 10:27 pm

If EU national is living in accordance with the regulations, then their family members are allowed to be in the UK.

The important thing is that the EU national lives in accordance with the regulations.

jathoo
Newly Registered
Posts: 2
Joined: Sat Jun 09, 2012 4:58 pm

Post by jathoo » Sun Jun 10, 2012 3:22 pm

thanks :) ,for the replay but

i dont know how to explain this to my employer ? any help ?

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