can please any help with reconsideration letter

[rosebead]

Was your reconsideration refused then? Sorry to hear that. Caseworker is being unnecessarily harsh, as you sent in more documents to prove the self-employed status of your spouse. I would stick with the appeal (can take a few months) and if you think it would help re-apply (also may take a few months). Hopefully you will get another COA that says you have a right to work (as technically since you are appealing your EEA2 refusal, it hasn't been legally conclusively decided yet that your spouse isn't exercising Treaty rights).

[behold2014]

think i have to cancel my appeal to eea4 tomorrow.
what i am just confused about is sending new eea2 or reapply with all the document together now for eea4 again.(fresh application)

my question is if any is refused again will it include right to appeal?

[rosebead]

Oh I hadn't registered in my mind that you were applying for an EEA4 as in your post here you asked if you could RE-apply for an EEA2. Anyway it doesn't matter. You could re-apply for either EEA4 or EEA2, it is up to you. The advantage of applying for EEA2 is that you don't have to prove 5 years of self-employment, only that your wife has been recently self-employed, so it's much easier to prove.

If you feel certain that you have provided enough evidence to prove that your spouse has been self-employed for 5 years then I would just continue with your appeal - no point in applying again as it would take a few months either way anyway to get a result whether you appeal or re-apply. But in the meantime apply for an EEA2. You should get a COA that confirms your right to work while you're waiting for your EEA2.

By the way, your wife could facilitate things for you if she applied for an EEA3 for herself.

[behold2014]

thank you very much rosebead,we both applied for eea3 and eea4.
definately the case worker was been harsh.i am 200% sure judge will abuse them for waisting time.i am so sure of our application.

Rosebead the problem is my job here,i dont mind waiting for appeal till next year.
like i told u not all employers want problem.i dont want to lose my job and i want to be able to provide something to them as eea2 expires sept and definately they will ask me.
i have to submit something tommorow,no wasting time.
this eea4 that was refused only took 5weeks.
were do i turn tommorrow?eea4 or eea2?need help tonite

[rosebead]

I would apply for an EEA2 as there is less to prove and more of a chance of getting it. That said, i don't think this means you cannot apply for an EEA4 again at the same time - so why not apply for both at the same time.

Has your wife got the result of her EEA3 application yet? Once she has it I believe you will no longer need to send in any proofs of her self-employment because the EEA3 IS proof (although you will still have to send in proofs of living together in the last 5 years).

[behold2014]

eea3 and eea4 refused together?aplly for both eea4 and eea2?lol

how is the possible?
u mean 2 application forms in one envelope?pls help,got only few hours to make mine decision.
please give me a link or explain pls

[rosebead]

I can't really advise you on that, it is up to you, whichever you think would be better. I can't see why they would process EEA2 applications any slower than EEA4 applications, plus I've heard they've been speeding up the processing of EEA2 lately. I think you could in theory apply for both EEA2 and EEA4 but you would have to do it separately or it might confuse them. Maybe submit your EEA2 application first then a short while later the EEA4, or vice versa.

EEA3 and EEA4 are separate application forms. Did the HO write to both of you in both your names that you've both been denied EEA3 and EEA4 respectively?

[behold2014]

yes.

ofcous mine eea4 will be refused if hers refused eea3

[rosebead]

Oh I thought it was just your EEA4 that was refused. If you had sent in your application separately to hers then I thought maybe she had not received a reply yet about her EEA3, so it would have been interesting to see if she would get a refusal, but as you've said she has been refused then yes it automatically means you are refused.

[behold2014]

hi,

are u 100% sure if she as got a permant resicard(eea3)already, then just send toapplyfor eea4.

no need to send all her self employed papers for 5 yrs again?

[uk2005]

yes...
once your eea have PR card
that will cover 5 years of work.
on eea4 you will jast need PR card.

[rosebead]

I'm just going by what guru Jambo and some others have said in the past on this board. For example: http://www.immigrationboards.com/eea-ro ... ml#p942112:

[behold2014]

hi,thanks alot,

i sent eea2 today,please help me .how can i send her eea3 form and payment to the application.as i included eea spose 5yrs exercising treaty rite,bills for us for 5yrs,my document for 5yrs.everything 5yrs,even 2 biirth for our kids.her passport was included and they have got my non eea paasport when eea4 was refused

i only sent eea2so that there wont be trouble and i can still naturalise after 6 yrs anyway.

[behold2014]

any help pls pls.

[rosebead]

Your last post was not clear. Are you asking whether you can get your documents back? If so, all I can suggest to you is try this link that I previously posted. Generally people only use that link for the return of their passports, but maybe it can be used for other documents? Or instead of doing that, perhaps it might be acceptable to send in a cover letter with your new EEA2 application to explain that all of your documents are currently with the Home Office and include a relevant reference number for your previous application in your cover letter. If it's really urgent, I suppose you could cancel your previous application and request the return of all of your documents. Email EuropeanOperational@homeoffice.gsi.gov.uk if you need info on what to do about documents.

[behold2014]

hi ,rosebead,thanks for everything,
wat i am saying is that i have sent my eea2 with the same and more document i sent for eea4 application previosly.that was refused
5 year eea execerin treatrite
5 years resident for eea
5 years non-eea document

as i sent eea2,can i be given eea4 or can i send eea3 to the home office caseworker to add to it?

[behold2014]

Also check this on eea2 form

SECTION 7 - YOUR EEA NATIONAL FAMILY MEMBER (SELF-EMPLOYMENT)
You must complete this section if you are applying as the family member of an EEA national who is self-employed. If the EEA national has ceased self-employment due to an illness or accident, please ensure you also complete question 7.6 below. If your EEA national family member has already acquired permanent residence, please provide either their document certifying permanent residence (if they have one) or evidence of how they acquired permanent residence, for example evidence of exercising Treaty rights for a continuous period of 5 years prior to the date at which they acquired permanent residence.

[rosebead]

I'm not aware of anyone getting a PR through an EEA2 application. I'd imagine you'd have to use the EEA4 form, although I suppose there'd be no harm in requesting in a cover letter that the caseworker consider an EEA4 if he feels that you qualify. It wasn't necessary for you to send 5 years of evidence for EEA2 by the way, just recent evidence could have sufficed. Not sure what you mean by the EEA3 - has your wife got it then? Or is she re-applying for EEA3?

It appears from this thread that the Home Office can have the discretion to issue an EEA2 if an EEA4 is rejected (if they wish to exercise such a discretion, that is).

[behold2014]

am just scared of rejection again,that why i have don that.(sent all 5years history)lool
dont want to give them any excuse again.lol
good idea rosebead.since i have sent the application (eea2)how best do u think i can send a letter also requesting that.(to consider if eea4 can be considered )because asking if eea spouse as aqured permanent resisdent on eea2 application means something.
who can i send letter to?
kill 2 birds with one stone?
if not let them issue the eea2.

all different things hapen in homeoffice.
you have been with me thru out.thanks once again.

[rosebead]

On the EEA2 form it says this:

CONTACTING US AFTER YOU HAVE APPLIED
If you need to contact us after you have applied please do so as instructed below.
To send us more information about your application, write to the address in part 8
and give the following details in your letter:
• the applicant’s full name, date of birth and nationality
• any Recorded or Special Delivery number
• the date on which the application was posted or made in person
• the Home Office reference number if you have one.

The address for EEA2 applications is here:

Home Office - European Applications EEA2
PO Box 590
Durham
DH99 1AD

You could try sending in your cover letter through the way the HO suggested above.

You might find this thread interesting reading, it has a case a little bit like yours.

[behold2014]

woooow.
wonder what happened to her Rc at the end.
wooow

[rosebead]

She lost her job unfortunately. But people could possibly sue their bosses for unfair dismissal in these situations.

[behold2014]

i think we should just wait and see.
them putting that on section 7 of the eea2 application will definately mean something.

[behold2014]

Anyone got experience of this story?
Gurus,professionals?