Residence Card refused - EEA national did not qualify as job seeker, but has a job now

[Pzeeman]

I would like to express my gratitude to this forum and giving some peace of mind to people going through this process. Its stressful and so much is at stake. Its very complicated and you have minimal knowledge. You guys help a lot!

I am a non-EEA family member of an EEA national that applied for a residence card. After a full 6 month wait and lots of drama my application was refused with a right of appeal.

The reason for the decision was:

- You have failed to provide sufficient evidence of your sponsor registering with the relevant employment office
- You have failed to provide sufficient evidence to show that your sponsor has been actively seeking employment in the UK and has a genuine chance of being engaged.

My partner has since registered at the jobcenter and received employment and I have also been employed.

Later on in the letter it states the following:
"If you do not wish to appeal but consider that you have further evidence to prove that you are the family member of an EEA national exercising treaty rights in the UK, it remains open to you to make a further application."

My question are:
1. Should I appeal the decision based on the fact that we are both employed?
2. Should I start a fresh application based on the above sentence regarding further evidence?
3. This seems like a minor technicality and should be easy to get around, right?
4. Should I approach an immigration lawyer?
5. If I appeal and represent myself, and I provide a letter of employment for both myself and my partner, would that be sufficient evidence?

I do feel that it should be a fairly simple process to provide the evidence but want to make sure as so much is at stake.

Thanks in advance.

[Richard W]

The honest and simple solution is to make a fresh application. From what you say, it sounds as though the refusal was correct. Circumstances have now changed, and you are now entitled to a residence card.

There is one tactical complication I am not competent to comment on. Is your employer relying for peace of mind on a CoA you received from your first application? If so, he would have received a positive verification notice valid for 6 months. There is a possibility that it may expire before you receive a new CoA. In this case, you might be able to renew the old CoA by appealing. You would need advice on whether this tactic would work.

[Obie]

What supporting documents did you provide them with your application?

How did you demonstrate that your wife was a qualified person on the application?

Was you wife previously working before she ceased and did you provide evidence of this.

Did you provide evidence that she was jobseeking?