very confused situationa and need urgent help plz

[alishon]

HI everyone. i have been reading this forum and came across some very good advices.My case is very complicated and need a great advice plz.
I will try to keep it simple .
I am non eu national married to Eu national waiting for my appeal hearing for resident card.In jan this year my wife went back home and i made the biggest mistake of my life and slept with someone who is british national.
Last week that girl dropped a bombshell on me saying she gave birth to twins and i am the dad.
my first question is what i should do now?will it effect my resident card application or not and if it does then will that be good or bad? because i cant leave my kids alone and would want to be part of their lives.
second question is and i know it sounds horrible and very selfish of me . can i withdraw my appeal and apply for family visa to be with my kids??
i have been very honest to my wife and explained everything to her and we are taking each day as it comes and hoping to built trust again.
my 3rd question is employers tried to check my right to work with ukba but ukba said they can not confirm my right to work in written form because my appeal is pending.what that suppose to mean ??
is there anyway i could confirm my right to work with them .
I need my job so i could provid for my kids.
I would be very happy for quick reply plz.
regards

[Obie]

You have an appeal pending, surely you can't expect UKBA to confirm your right to work, when they have only recently refused to confirm your right of residence as family member of an EEA national.

In regards to the other issues, suffice to say, that so long as your marriage to your EEA wife is genuine, and she is exercising treaty rights, and you are still a family member, i see no reason in the appeal being refused.

[alishon]

I do understand what you are saying but i have been searching and going through ukba website and it clearly mentions on ukba official document that when your appeal is pending your resident rights extends automatically till you get decision and even then if you apply for appeal in upper tribunal with in given time it does extends automatically.
so i can not see why ukba would not confirm that .
its just like that the court gave judgment on 18600 income but ukba went for the appeal and it clearly mentioned on ukba website till they get the decision on that all applicants must show their sponsors are earning 18600 income per year.
why one rule for urself and one for others ?

[vinny]

Unfortunately, Section 3C is not applicable.

How is your wife exercising treaty rights?

[alishon]

thanks for reply vinny but why ??
she is working as carer and she does work alot .why ??

[vinny]

Click on given links for more info.
What were their grounds for your residence card refusal?

[Obie]

Needless to add more to this. As already Section 3D does not apply to the EEA regulation.

You may be able to argue using discrimination grounds, if you have a leave prior to the application being made.

Depending on the reasons for refusal, you could make a new application, and pay the £55 fee, or wait till your appeal has been considered.

[alishon]

they refused application because we did not provide enough evidence of our relationship.surely they could have called us for interview but they didnt not apparently they only select random application for interview.
I have gone through that 3c but cant see the reason why its not acceptable.maybe i am very thick and going through very stressfull time. could u plz explain .

[Obie]

It is self explanatory. Section 3C apply to people who had leave to remain under the immigration rules. EEA application are dealt with under the EEA regulations. EEA national and their family member don't need leave, and are not required to have leave.

If those people make an application under the rule before their leave is expired, the conditions applied to their previous leave will continue to apply, until a decision is made on their application.

If the application is refused and an appeal follows, 3D has the effect of extending their leave until a decision is made on their appeal.

As this is a marriage of convenience case, reapplying may not bear much fruit.

[alishon]

thanks for taking time and reply obie .
my previous leave was under immigration rules and my last application was under eea regulations.I made that application well before my visa expiry date you have just mentioned that eea family member do not required to have leave ,so in both cases my right to work should extend automatically and 3d does apply here in my application.
I am just trying to understand the law right now so bear with me plz.
ukba yet to prove its marriege of convinence , they only gave the reason for refusal.