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EEA2 Refused. Make sure you have joint bank accounts if SS!

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

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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Aug 13, 2013 2:04 pm

Very complicated area. And not so fast wiggsy.

Key thing is that the EU citizen is resident in the UK, even if they are not present in the UK.

If they fly in with the family member, and then leave later that day, then I think you could argue that they stop being resident when they leave.

But if they and the EU citizen rent an flat together and otherwise establish a residence together here, and then the EU citizen flys off for 1 month, then I do not see a problem. I can not see how that can be prohibited

This is an area that you have to be very careful with! And this is not advice or legal advice!

Asikk
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Post by Asikk » Tue Aug 13, 2013 6:57 pm

Directive/2004/38/EC wrote:Very complicated area. And not so fast wiggsy.

Key thing is that the EU citizen is resident in the UK, even if they are not present in the UK.

If they fly in with the family member, and then leave later that day, then I think you could argue that they stop being resident when they leave.

But if they and the EU citizen rent an flat together and otherwise establish a residence together here, and then the EU citizen flys off for 1 month, then I do not see a problem. I can not see how that can be prohibited

This is an area that you have to be very careful with! And this is not advice or legal advice!
This is questionable, indeed. If we establish a household together, open joint accounts, put there money which both can withdraw and live from like proper husband and wife, I start seeking a job, and few days later want to travel for 3 weeks to my country for a holiday break and come back, why can't I? I will continue living with my husband, sharing house, seeking job etc.
Does it mean that I will not be able to leave UK within all that process before and during application just because the UKBA may consider it abandoning my husband / marriage of convenience etc.? Nonsense. I understand that he cannot travel because he need a visa back to the UK and it will simply be inconvenient, but why I cannot?

IS there any regulation saying about such an instance?

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Aug 13, 2013 11:03 pm

The EU citizen has the full right to come and go, and so does the non-EU family member.
If we establish a household together, open joint accounts, put there money which both can withdraw and live from like proper husband and wife, I start seeking a job, and few days later want to travel for 3 weeks to my country for a holiday break and come back, why can't I?
I see no problem with that at all.


I think the problem would only come if a hypothetical couple arrived together on a flight, and after clearing immigration, the EU citizen turns around and flies out, leaving the non-EU family member. I have never heard of such a situation. And I also do not think it is realistic. The non-EU family member would need to apply for a RC to prove their right to work, which would be very difficult to do if the EU citizen was here for only a few hours.

wiggsy
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Post by wiggsy » Wed Aug 14, 2013 1:14 am

Directive/2004/38/EC wrote:Very complicated area. And not so fast wiggsy.

Key thing is that the EU citizen is resident in the UK, even if they are not present in the UK.
-- Sorry, I did actually state above, to ensure that they are established before leaving:
wiggsy wrote: Not quite... because until you establish that your qualified, your qualification will end when you leave.

(if you leave before establishing self sufficiency in the country etc - IE setting up home, and so on).
I accept I didn't restate this fact in my last post, as you would have established your home (and even if living in an hotel, an agreement of some form) before lodging an EEA2.

Asikk wrote: I understand that he cannot travel because he need a visa back to the UK and it will simply be inconvenient, but why I cannot?
You can leave and return to the UK as many times as you wish, for as long as you wish. The only issue you will have is that an absence of longer than six months will break continuious residence and therefore effect your PR.

When you make your application for a RC, you can put in your letter requesting your passport(s) to be returned ASAP along with the form.

Should you need a FP, you can apply for another one (although it appears that that must be done from outside of the UK), or enter again on a Code 1A stamp, if your original EEA FP has expired.
EEA Family Permits
The EEA family permit should be valid for 6 months from the date of issue and may be used for multiple entries to the UK during that period. It should carry the name of EEA national in the 'add endorsement' field and should indicate whether the non-EEA national will be accompanying or joining the EEA national in the UK.
For anybody effected, I hope that my Surinder Singh Route Information Pages help.

Asikk
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Post by Asikk » Wed Aug 14, 2013 8:57 am

About being jobseeker and self-suffiecient I found on the UKBA website a statement:
In most circumstances we would expect an EEA national to be economically active within six months. It is highly likely that an individual claiming a right of residence as a job-seeker will also be exercising treaty rights as a self-sufficient person
That is why I asked about it before.
wiggsy wrote:You can leave and return to the UK as many times as you wish, for as long as you wish. The only issue you will have is that an absence of longer than six months will break continuious residence and therefore effect your PR.

When you make your application for a RC, you can put in your letter requesting your passport(s) to be returned ASAP along with the form.

By you you mean non-EU national? because only non-EU's national passport is being taken, right?

wiggsy
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Post by wiggsy » Wed Aug 14, 2013 3:05 pm

Asikk wrote:By you you mean non-EU national? because only non-EU's national passport is being taken, right?
By you, i mean any passport / document sent. Including marriage certificates ETC to enable you to travel in and out of the country.

They can verify authenticity, copy and then send back - they do not need to hold the originals.

Some applicants MAY send both the EEA and non-EU spouse passport. (EEA can apply for RC / PR ETC). Note: it took us a long time to get my passport and daughters passport back from euro, and then wifes took even longer.
For anybody effected, I hope that my Surinder Singh Route Information Pages help.

Londonguy79
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Location: United Kingdom

Post by Londonguy79 » Thu Aug 22, 2013 7:33 pm

So just an update to my case..

I sent in a reconsideration request which I never heard back from.

I then sent a new application as well as lodging my appeal. Babz in this forum had success with applying again while also having an open appeal.

I received a new COA today from the new application but it says "At this stage we are unable to confirm your right to work in the United Kingdom."

I am married to my EEA sponsor and I enclosed both our marriage certificate , my passport and her ID card.

So my COA should allow me to work correct? I think they did this on purpose because on this new application I explained about my old application and the only reason for it being refused was the join bank account and that I had an open appeal.

Should they issue a new COA with the right to work? How is the best way to get them to reissue the COA?

If I cant work then we will have to leave because I am applying as my EEA sponsor is self sufficient through me working.

Cheers,

Londonguy.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Aug 23, 2013 12:12 am

You should definitely have a COA. You are married to the EU citizen.

wiggsy
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Post by wiggsy » Fri Aug 23, 2013 3:25 am

contact solvit in your spouse (EEA)'s country. write a letter to all the main complaints / euro emails (Email Addresses).

We had a simular problem with my wife's Zambrano COA. Stand your ground and make it clear you know the law, they will back down. :)
For anybody effected, I hope that my Surinder Singh Route Information Pages help.

ilonarhys
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Re: EEA2 Refused. Make sure you have joint bank accounts if

Post by ilonarhys » Tue May 13, 2014 8:50 pm

Hi Londonguy79

I've just found this forum and your case that is so similar to mine.
Can you tell me if you got your residence card? And what you did?

I'm going to open a joint account this weekend. Taking the advice.

I'm a Nz citizen and wife is Polish. She looks after our kids while I work so the same as your situation. Our kids have Polish citizenship too.
I earn enough to look after our family.

We have full medical through BUPA.

I had a residence card but that expired end of 2012.....we moved back to NZ halfway through my old residence card and have both worked there. We now decided to come back to the uk again to be close to my wife's family. .

despite appearing to have everything above board they refused my application.

Needless to say it's causing me to have sleepless nights.

What have you done to meet all requirements?

My apology for this frantically written post. My nerves are shattered.

Universal soldier
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Re: EEA2 Refused. Make sure you have joint bank accounts if

Post by Universal soldier » Tue May 13, 2014 11:25 pm

ilonarhys wrote:Hi Londonguy79

I've just found this forum and your case that is so similar to mine.
Can you tell me if you got your residence card? And what you did?

I'm going to open a joint account this weekend. Taking the advice.

I'm a Nz citizen and wife is Polish. She looks after our kids while I work so the same as your situation. Our kids have Polish citizenship too.
I earn enough to look after our family.

We have full medical through BUPA.

I had a residence card but that expired end of 2012.....we moved back to NZ halfway through my old residence card and have both worked there. We now decided to come back to the uk again to be close to my wife's family. .

despite appearing to have everything above board they refused my application.

Needless to say it's causing me to have sleepless nights.

What have you done to meet all requirements?

My apology for this frantically written post. My nerves are shattered.
what application had you applied EEA2/EEA4? what was the reason of refusal?

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