EEA4 REFUSED HELP PLZ!

[UKBAHATER]

Hello all!


I have applied for EEA4 after living in The UK for the last 8 Years first 3 years as Student and the last 5 years family member of EEA, the Mrs was exercising her treaty right as self sufficient for the first 3 months after that she started a work but only for 7 months she stopped working due to serious illness she applied for Employment and support allowance and it was refused the reason saying that ''you haven't paid enough TAX'' and they said that she is entitle to Housing benefits. she never received any money from the government only housing benefits and she was self sufficient as she use to receive some help from her parents on monthly basis, during all this time she was engaging in some courses as she always keen to work one day.
I use to work and pay my taxes but unfortunately I had a serious accident at work sustained spinal injury and left disable, now I received disability allowance and industrial injury benefits.

recently I have received all my documents back from UKBA with refusal letter saying that my wife wasn't exercising treaty right during the last 5 years and asking me to make arrangement to leave.

my questions are:
+ Do they have the right to ask me to leave even if I have to uk born kids and one is attending school and the fact that I have been working lost my job due to accident at work left me disable?
+ My EEA2 still valid can I still travel while my appeal is pending?
+ How long the appeal processing time takes?


Any help will be much appreciated!

[Obie]

Firstly, is there a medical letter confirming she was unable to work at that time due to illness.

[UKBAHATER]

Hi Obie, Yes she has 3 letters confirming that she is unable to work, and comprehensive sickness cover and some invoice from a private hospital in London

[Obie]

Well the refusal may well be unlawful, if evidence was provided to the HO indicating she was temporarily unable to work due to illness.

[UKBAHATER]

Whats the next step if the appeal is rejected by the tribunal?

also it it ok if I travel while my appeal is pending?


Thanks Obie

[Obie]

You should be able to travel. I guess your wife is currently or exercising treaty rights in other capacity.

In any event you could get another 5 years residence card.

[EUsmileWEallsmile]

Is your wife working now (or student, self-sufficient - complying with conditions)? if so, it would mean that you are entitled to be with her just and would not depend on any appeals.

I personally, would not be inclined to travel until status was clarified officially, but that's my opinion.

[UKBAHATER]

Hi,
Yes she is self sufficient and I am getting a DLA ESA and industrial disability injuries and housing benefits and I have been offered with all these benefits by DWP.