EEA 2 Refused - Questions about appeal

[Obie]

As i said before the best solution is to appeal. Your wife accompained you to the UK, she seem to have been issued a code 1 A stamp.

Regulation 9 states

"(b)if the family member of the United Kingdom national is his spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in that State before the United Kingdom national returned to the United Kingdom."

In Diatta, it was stated that the family member don't need to live under the same roof for them to qualify under EU law, therefore it is wrong for UKBA to request that you provide evidence that you resided together in the same household in another memberstate.

The stamp in her passport indicates that she lived in the memberstate you were residing for a period of time.

She was issued with a code 1 A, which mean the office was satisfied she met the criteria under community law, you have evidence that you were working or self -employed in another memberstate.

I believe that is all your need in my view. I wish you all the best.

[kuskus777]

Thanks Obie, then we will go ahead with the appeal.

I was trying to file the appeal online but it is asking me for a Home Office Reference number which is on the notice of decision.

The problem is that they didn't give me one, on the notice of decision it just says:

Home Office Reference: HO Reference

And it will not let me complete the application without it. Does anyone know what to do about that?

Sorry i keep asking for help, i really appreciate all the advice.

[kuskus777]

BTW i do not believe that my wife has a Code 1A stamp in her passport as she does not have the right to work.

Hers is a visitor's stamp says "No recourse to public funds"

[kuskus777]

Hello, i am back to say that we ended up applying for an appeal and we have the hearing in 2 weeks.

I have a question about the paperwork i am supposed to submit for the hearing. There is a section that relates to disability.

My wife has some psychological issues which prevent her from working (which can be considered a disability), but she does not claim any disability benefits or anything like that.

My question is whether it is ok to disclose this information to them or whether it could have a negative impact on her appeal.

Would appreciate some opinions on this is anyone has any. Thanks!

[Kitty]

I would suspect that the question about disability is more related to giving evidence at the Tribunal. If she has a condition that might affect her memory or ability to understand what she is being asked, then it's better to let the Tribunal know.

What does the paperwork you are referring to actually say?

[kuskus777]

basically there's a section of the form that relates just to potential disability but it's kind of separate from the rest of the form.

I suppose it would be unethical if it affected her case negatively.