EEA2 Refused (Employed + Self employed)

[Akib11]

hello,
i am a married non EEA citizen. i was on student visa which is expired on 28/02/2014

Application Data:: August 2013
COA received:: 6 September 2013
Refusal letter Data:: 6 January 2014
Court Oral hearing Date:: 16 July 2014

Refusal reasons::
1) On 30 & 31 Dec 2013 and 03 jan 2014 a telephone call was made to the employer who could not be contacted as there was no answer.
2) you have provided no evidence in the form of bank statement or wage slips to show that your EEA nation family member is currently active in the United Kingdom.

I am surprise at the flimsy excuse of UKBA for refusing EEA application. For instance take a look at section 6.10 on page 17 of EEA application form it clearly written that
“Evidence of employment, Please Provide us with at least one of the following:: Contracts of Employment, Most Recent Wage Slips(at least one), letter from employer.”
In other words any one of the document should be sufficient. But I had supplied one of these documents (Job Contract Paper), The UKBA has gladly refused my application on the fact that I did not supply the rest of evidence of employment. This is the deliberate attempt to mislead the applicants so that they can make them pay money (£140) to the appeal tribunal.

Another reason for refusal from UKBA.
“On 30 & 31 Dec 2013 and 03 jan 2014 a telephone call was made to the employer who could not be contacted as there was no answer.”
my wife works in a Burger King and i have supplied the phone number of Recruitment Agency Head Office, UKBA made a phone call in during 30 & 31 dec 2013 thats was the NEW year eve most busiest time for any fast food restaurant in central London in the whole year. Head office were closed.

At the end I would like to write about my circumstance. UKBA has retained my Passport and made me their “slave” so I cant vist my home country to see my parents and sister, cant apply for driving license. UKBA has given us (me and my wife) so much mental pressure so we can’t concentrate at our future and studies
more
My University is not letting me to take my rest of the exam on the basis that i dont have valid visa + i am in my last year + i have paid thousands of pound for university fees.

we have applied in Court got the Oral Hearing Date, few days back i have sent pay slips, employer letter and bank statement of my EEA wife to the UKBA Presenting Officers Unit.

Following are my questions::
IS there any possibility of changing decision ?
AM i legal in UK ??
My wife has started working as both employed n self employed so what documents i need to take to court ??
AM i still eligible to Work in UK during appeal period because in COA its written that i can Work ??
MY wife is planning to take admission (sep 2014) in University for further education ??

Waiting for reply )

[dalebutt]

Your stay in the UK is considered legal if what you have described above is correct, you should write a reconsideration request as well as you have appealed, it is most likely the decision will be overturned, it was just unnecessary reason for refusal, write to the caseworker and provide good evidence and also a letter from your wife's employer, probably stating that they were actually closed for business during the period UKBA rang them.

You will be fine.

[askmeplz82]

Following are my questions::
IS there any possibility of changing decision ?
AM i legal in UK ??
My wife has started working as both employed n self employed so what documents i need to take to court ??
AM i still eligible to Work in UK during appeal period because in COA its written that i can Work ??
MY wife is planning to take admission (sep 2014) in University for further education ??

Yes you are not alone. If you look at this forum you will find many cases like that UKBA refused just because no one answered their call.
You need to remember it's UKBA caseworker job to find an excuse . They need to hit the target. I read in newspaper they get bonus if they find a reason to refuse

- you are legal as family member. EEA2 is not compulsory

- stick to employed

- yes you can work

- yes she can study

[sheraz7]

Refusals on similar basis are rapidly growing which is unfair. They themselves delay a lot to the applications but refusal so quick that they not even bother to call again or contact the employer in writing. Therefore, if the EEA national is really working then the decision must immediately be reversed with the grant of RC. Appeal and/or reconsideration will be wise.

[chaoclive]

I know that a lot of people recommend asking for reconsideration. How do these applicants go about requesting this? I've seen so many poor souls whose cases should never have been rejected (but are). They have no idea where to go to ask for the ECO to reconsider their request. This is a major issue if nothing is mentioned on the refusal letter.

Any ideas on where they should contact? Is it the normal EU casework number?

[Akib11]

thanks to all you guys...
i am planning to write a letter to caseworker + i am gonna attach employer's letter and pay slips as well.

shall i send these things to UKBA address ?

[Imshzd]

As per I understand
If your job contract is written on official company letter headed and clearly states the start date of employment and weekly hours and pay rate then there is no point of refusal.

But

If your job contract does not clearly states the start date of employment and weekly hours etc then HO stands on the right point and refusal was correct.

So check your documents and re submit it for consideration.

[Wrn13]

Hi guys, please help me giving some advice.i recently have received my refusal at end of 6 month time line.the reason was I have not provided ni contribution documents with my application as my eea partner was self employed.i have given right to appeal or re apply.i have lodge my appeal 2 weeks ago.so my question is
my eea partner got a job from this month.i have got my date from court on 25th of september. If we go to hearing, should we bring letters and pay slip of her new job or only her previous self employed ni contribution and tax returns docs? In the time of my appeal, what will be my status as a spouse of an eea national? Can I continue to work untill my appeal is decided?how much chance we have to win the appeal? or i should go for reconsidaration?
Please help me with your kind advice.