Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.
Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
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nishant0420
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- Joined: Mon Oct 03, 2016 9:53 pm
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by nishant0420 » Mon Oct 03, 2016 10:08 pm
Hi All
I would like some advise about my case. I applied for eea fm in april 2016. Me and my spouse had all the required documents needed to put the application. We were confident about our case until my spouse got a new job offer.
She left her old job which we mentioned in the application. On sept 23 2016 HO called her previous employer and they told HO that she doesn't work there anymore. They refused my application on the basis that my spouse is not exercising the treaty rights. I have the right to appeal but I am confused if I should put a fresh application or go ahead with appeal. I have to do something by 6th of oct.
Also my wife left the new job in the middle of august as she didn't like it. She was a jobseeker for almost a month but she never registered as jobcentre or any other agency.
She now have an offer letter for the new job which starts on 10th oct.
Please advice me guys because as always solicitors are asking for around £2000.
thank you
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noajthan
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- Location: UK
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by noajthan » Mon Oct 03, 2016 10:19 pm
Sponsor needs to be working or be registered jobseeker to be recognised as qualified person by HO.
As you have found, HO take this seriously and check everything.
If you have rock solid proof of new status then submit it.
If not, wait until you do then reapply.
All that is gold does not glitter; Not all those who wander are lost. E&OE.
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nishant0420
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by nishant0420 » Tue Oct 04, 2016 12:07 am
We have the proof of the new job which starts 10oct but my 14 days to appeal finishes on 6th oct. if I apply with a new application before 10th oct then I am afraid that HO will reject it as my spouse is not qualified.
If I am going to appeal then it will buy me time to get all the evidence from her new job and I will be able to submit new application maybe in 2-3 months.
What do you say?
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oussama87
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by oussama87 » Mon Dec 19, 2016 8:40 pm
Hi, I am in your same condition can you tell me how do you sort it out please?
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nishant0420
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by nishant0420 » Wed Jan 11, 2017 1:10 pm
Hi oussama87 & other users
I would like to provide an update with my application regarding the refusal I received in October 2016.
I appealed the decision of Home office and provided the new contract and payslips of my spouse to the FTT.
Today I received the decision from FTT that my appeal is allowed as the reason to refuse was a narrow one. As I have provided the work history of my spouse from 2013 till 2016, the judge was satisfied that the appeal should be allowed.
I thank this forum and its members who provide excellent information. There is not a single day when I don't visit this forum since march last year when I initially started the process.
