Applying for EEA2 while another visa is in appeal

[Sunnysideup]

Hi, guys, I would be really appreciated if anyone could give me advices on my new application for EEA2.

Here is my situation.

I applied for Tier 1 Entrepreneur visa in March this year before my PSW visa got expired. Unfortunately, HO rejected my Tier1 visa for the reason of not including my supplier's email address. For that stupid reason, my lawyer suggested me for an appeal. I have received the letter from the court and the hearing date is on 7th Jan 2014. During this time, Me (Chinese citizen) and my husband (Swiss Citizen) got married in May this year in UK. Now he just got a permanent job (but on probation at the moment) and we would like to apply for EEA2 instead.

In this case, I'm bit of confused about how to apply EEA2 while another application is in appeal.

Does anyone know how should we should apply? Many thanks.

[Lucapooka]

You alredy have residence rights and now merely need a confirmation of that to show to employers and other agencies. Simply pull the appeal and complete EEA2 instead.

[Sunnysideup]

You alredy have residence rights and now merely need a confirmation of that to show to employers and other agencies. Simply pull the appeal and complete EEA2 instead.

Hey, thanks for ur reply. As my previous PSW was expired, will I become illeagal if I withdraw my appeal? Besides, all my documents are at HO, do I need to withdraw it and ask all my docs back first, and then apply for EEA2 or I just apply at the same time and link the reference number? Which way would be better?

[Lucapooka]

You can simply ignore the UK immigration rules and rely on your EU status. So, you are not illegal and will not become illegal. The only thing that matters now is that your partner continues to exercise EU treaty rights and that you are in a relationship with that person. Although highly recommended and invaluable to confirm your status in the event that you need to show it (and you will need to show at some point), the EEA2 application is not mandatory so you may wait until your docs come back from the UKBA before applying.

[Sunnysideup]

You can simply ignore the UK immigration rules and rely on your EU status. So, you are not illegal and will not become illegal. The only thing that matters now is that your partner continues to exercise EU treaty rights and that you are in a relationship with that person. Although highly recommended and invaluable to confirm your status in the event that you need to show it (and you will need to show at some point), the EEA2 application is not mandatory so you may wait until your docs come back from the UKBA before applying.

Does that mean I will be fine without having any visa after I withdraw the application and ask for the docs back? If I withdraw, UKBA will immediately ask me to go back to China because they dont know Im legal here.

[Lucapooka]

I think you are now at the stage where you need to take some professional advice from a legitimate source to completely satisfy your concerns. I have given you my opinion (to the best of my knowledge) and others have not challenged that or tried to correct it (which would be how the forum works to maintain the quality of the information being exchanged). However, I am an anonymous poster on an internet forum and should never be treated as a substitute for proper advice from a legitimate source. Talk to a lawyer as only that way can you be sure of your situation.

[Sunnysideup]

Ok, I will contact an immigration lawyer to ask for more details. Thanks anyway for your help. I appreciate a lot.