Having applied in Dec 2013 for EEA2 for the missus as a Surinder Singh case (im a brit ) we sent 34 documents including passports marriage and birth certs an a copy of our residency cards for our host country.
We sent a list of the documents apart from the ID stuff around 14 of each pertaining to proof of residing together over about 18 months and 14 regarding my self employment bank statement invoices which were submitted to the hosts tax office on real time reporting social security number apllications registration doc etc with a summary of the documents in English and a letter from a translator that stateted the summaries/gist were correct. Since many of the docs are easy to understand it seemed an unessasary burden to go further until asked as what our nipper did in her school report is irrelevant but it does demonstrate she was at school and our address and the reams of guff on a bank statement doesnt in our view need translation since it is the figuers that speak along with name and address and date.
We also sent a cover letter and asked for the Eco to ask us if they needed clarification and we were happy to supply it.
The result just over two months is that they have returned everything (except our photos and nice folder and rejected the apllication on “insuficient evidence that the Brit was working or self employed.
Apart from a standard “you appear to have no further basis to stay” they say an appeal undersection 82 of the immigration act and Regulation 26 of thee EEA Regs 2006
The refusal is stated as under UK VI Guidance all translations must be accompanied by certified translations although I have never seen such regulation
They further state this is failure to provide sufficient evidence
In making this decision they have given consideration to
The application form
The passports (which were returned on request in Jan)
The cover letter
The translators letter
Various Spanish documents
It is my contention that the the last three are not true because 1, I clearly asked them to request any further information 2, many of the documents required little translation to understand particularly pertaining to simple proof of residency and cohabitation and 3, since Spain was not the country we had come from nor was the language Spanish.so not enough “consideration “ was given to even understand that i.e. they didnt read it, or perhaps the case worker doesnt read english
I would contend that this confirmation process, now illegally charged for, should ensure that engagement from the HO can be relied on rather than avoidance, since this is not an exam but rather a process under European law pertaining to a right of a citizenand that further to not do so would be discrimnatory since no other European Citizen is required to try to guess what is required.
It is possible to pay £30 per page for certified translations and that it is there for an unnessasary burden on the British Citizen not to state exactly what is required from the documents submitted £1500 for 50 pages and that such an onerous requirement might lead to a citizen feeling prevented from enjoyment free movement rights under the 2004/38.
Further since no real consideration was given that the £110 fee has been taken in bad faith
I am reluctant to reapply having spent lots of money on translation only to be told the same again further since under this application I am covered under transitional arrangements I do not wish to loose them
On the appeal form it states that documents need to be certified so catch 22?
Any thoughts pointers to supporting case law etc appreciated I have ten days from monday.
Am I right in thinking I could appeal enter translations later on if I wish and that will keep this application open?
I will write to the case worker and point out the ubove points and invite them to reconsider.
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