On Holidays while waiting on appeal

[Olbaid]

Hey!

I am Italian and my wife is chilean, she applied for a residence card and was refused due to lack of evidence that I am a qualified person, at that time I was looking for work, now I do work. I am about to appeal, however in two weeks time we had everything set for holidays outside the UK. In the appeal do I have to send the passports through? If not would we have any issues returning to the UK?

Thanks for your help!

[Casa]

Your new evidence of employment is unlikely to be accepted in an appeal as this wasn't available to the Case Worker when they made their original decision to refuse the application.

In my opinion it would be wiser to re-apply.

[Olbaid]

Thank you for your reply!

I saw on other posts here that one can ask for reconsideration, would this be a vaild recomended option and if so how would I begin doing so.

"You can ask for reconsideration if you choose not to appeal, and you have further evidence which has not been considered." Posted by Obie in 2013

[noajthan]

Hey!

I am Italian and my wife is chilean, she applied for a residence card and was refused due to lack of evidence that I am a qualified person, at that time I was looking for work, now I do work. I am about to appeal, however in two weeks time we had everything set for holidays outside the UK. In the appeal do I have to send the passports through? If not would we have any issues returning to the UK?

Thanks for your help!

Probably best to focus on the RC rather than fun if the optional RC matters to you.

However, if wife has a valid FP she can return to UK on that; if she has no FP she should gain admittance if you can prove relationship and that you are exercising treaty rights in UK.
The only question is how she would board a flight unless she is a visa-free national.

[Olbaid]

Hey,

Yeah, RC is obviously the priority but it would have been awsome to do both.

She originally arrived as a tourist, as with Chilean passport she does not require a visa prior to arriving as a tourist and then applied for RC from within.

Any thoughts on the reconsideration proposal?

[noajthan]

Hey,

Yeah, RC is obviously the priority but it would have been awsome to do both.

She originally arrived as a tourist, as with Chilean passport she does not require a visa prior to arriving as a tourist and then applied for RC from within.

Any thoughts on the reconsideration pro
posal?

You were apparently refused due to not meeting requirements (&/or proving it);
it would seem appropriate to reapply when you do meet requirements (& have rock solid evidence to back it up).

[Olbaid]

Ok so we will reapply, however another questions comes up.

She currently works, will she have to stop working while we wait for the new application letter?

thanks for your help!

[noajthan]

Ok so we will reapply, however another questions comes up.

She currently works, will she have to stop working while we wait for the new application letter?

thanks for your help!

Wife has right to work through you as a qualified person.

Whether an employer, a landlord etc will accept that without sight of COA or RC is the $64,000 question.