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Eea2 expired and eea3/4 refused

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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Kmilla
Newly Registered
Posts: 1
Joined: Wed Jul 11, 2012 11:45 pm

Eea2 expired and eea3/4 refused

Post by Kmilla » Thu Jul 12, 2012 12:10 am

Hi,

I need a little help here.
Im Brazilian with a RC since 2007 and my husband is Belgian living in UK since 2006. We apply for our eea3/4 in 25/05/12. Today we received our papers back with letter saying that our application was refused becaused wasnt enough prove he is exercising the right to stay in Uk. We send bank statements for 5 year, his contracts (he worked for two differents companies since 2006 - last one for almost 4 years), NI letter... we just didnt send the P60, because we didnt have in hands at the moment. My worry is.... My RC expired in 30/06/12... Can I still working?? Can my employer dismisse me?
I need to make a decision to tell my Manager tomorrow, or apply again or come back to my Countrie with my Husband.....
Any adivise will be helpful!!!

Many thanks already

theuniverse
Newbie
Posts: 37
Joined: Sun Dec 04, 2011 7:06 pm

Post by theuniverse » Thu Jul 12, 2012 12:29 pm

it is strange you were refused, did you send them his payslips?Normally they like to see either payslips or P60. What did it exactly say in the letter of refusal?
You can stay in this country, no one is going to deport you, you are 100 percent legal to stay and work here as long as your husband is exercising his Treaty rights(working in this case), but it's going to be hard to prove to your employer you have the right to continue your employment. How long have you been with your employer?

zubby007
Member of Standing
Posts: 385
Joined: Sat Mar 03, 2012 7:11 pm
Location: Home4all

Re: Eea2 expired and eea3/4 refused

Post by zubby007 » Thu Jul 12, 2012 2:34 pm

[quote="Kmilla"]Hi,

I need a little help here.
Im Brazilian with a RC since 2007 and my husband is Belgian living in UK since 2006. We apply for our eea3/4 in 25/05/12. Today we received our papers back with letter saying that our application was refused becaused wasnt enough prove he is exercising the right to stay in Uk. We send bank statements for 5 year, his contracts (he worked for two differents companies since 2006 - last one for almost 4 years), NI letter... we just didnt send the P60, because we didnt have in hands at the moment. My worry is.... My RC expired in 30/06/12... Can I still working?? Can my employer dismisse me?
I need to make a decision to tell my Manager tomorrow, or apply again or come back to my Countrie with my Husband.....
Any adivise will be helpful!!!

Many thanks already[/quote]



Sorry I guess the refused should've been return,anyway just gather your EEA 5yrs of treaty right e.g p60 etc. and re-apply again you should be fine.

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

Re: Eea2 expired and eea3/4 refused

Post by EUsmileWEallsmile » Thu Jul 12, 2012 8:52 pm

Kmilla wrote: Im Brazilian with a RC since 2007 and my husband is Belgian living in UK since 2006.
What is your husband doing in the UK now? If he is working, you are entitled to be here with him and work as well. It is important that you know that to put your mind at rest. No need to panic, no need to resign or tell your employer, definitely no need to return to your home country.

If he is not working there are other ways by which he and you can be here legally. (As I suspect that he is working, I'm not going to go into all possibilities).

Now with your mind re-assured, you need to work on proving that he worked and lived in the UK for five years. It is possible to ask the tax office to provide you with a statement if you don't have his P60s to hand. Once he's proved that he is entitled to PR (EEA4), yours is just a matter of proving that you lived in the UK at the same time.

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