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Discussion Starter · #1 ·
Hello,

I would be very grateful to get any advice in our situation:

My husband's UK residence card application has been refused. He's a Russian citizen and I'm a German citizen. We have been married since 2008 and lived together in Germany from 2001 to 2013. We moved to the UK in February 2013. I was looking for a job at that time, receiving job seeker's allowance from Germany. I was registered with a local job center in the UK and had to visit them every 2 weeks in order to receive my benefits from Germany. We applied for his residence card under Regulation 6 of the EEA Immigration Regulation (EEA family member exercising treaty rights). We stated that I'm a jobseeker and sent them documents from the German job center as the UK job center couldn't issue anything upon my request.

The Home Office refused based on the fact that there were no translations of these German documents and they were not able to confirm the information provided. The Home Office is offering a possibility to appeal or to apply under Article 8 of the ECHR. They're also advising my husband to start making arrangements to leave the UK.

Our circumstances have changed since our application. I'm self-employed since August 2013 and have already received some income from my self-employment. We're now planning to stay in the UK for 1-2 years more before moving to another country. We need to travel abroad urgently in December or January and come back to the UK.

What should we do next in order for my husband to be able to
1. stay in the UK and continue working here
2. travel abroad and come back to the UK in December 2013.

Thank you in advance!
 

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Discussion Starter · #2 ·
Is there any other way to be able to travel for an EEA family member except for a residence card? My husband doesn't necessarily need a residence card.
 

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UK residence card issued under the EU rules is recognised throughout EEA as valid travel document provided you travel together or he is joining you there.
Just reapply enclosing proof of self-employment and income received.
 

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Discussion Starter · #4 ·
Thank you so much for your reply! I was thinking about this, too, but will we manage to receive the residence card until January? Usually it takes up to 6 months for Home Office to process the application (in our case it took 5,5 months).
The reason we need to travel is that we've received grants to immigrate to Australia and we need to activate them by entering Australia until mid January. Otherwise they would expire.

Is there any possibility to speed up an application process?
 
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If you will be going to live in Australia why bother with UK residence? Surly one or the other will expire if you do not use it. The Australian visa will at least, pretty sure there our time limits on stays outside the UK too.
 
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