Refused EEA3 and Tax credits

[Viktoria27]

After we've been refused EEA4 we tried and applied for EEA3.
Basically me working for 3 years and self-sufficient since then (relying on my husbands (non EEA) income). Today after 6 weeks we received refusal stating that there are insufficient transactions or balance amounts on bank statement and also That I was in receipt of Working tax credit .
Well it was my husband non EEA who was in the receipt of WTC but I'm the one exercising treaty rights. We always had £2000 in current and £2000 in saving accounts.
Why when we applied for EEA4 with the same documents they didn't mention anything about receipt of Tax credit?

Agrr its all so frustrating....

[rosebead]

If you're exercising Treaty rights as a self-sufficient person it says in Article 7 of Directive 2004/38 that you and your family members should have sufficient funds not to become a burden on the social assistance system plus you are meant to have Comprehensive Sickness Insurance to cover you and all of your family. I think it's harsh though that they would refuse you because of your family member's WTC, but unfortunately those are the rules.

[Universal soldier]

Did you attach eu national bank statement? Whose bank statement the transactions were insufficient, eu or non-eu bank statement?

[Viktoria27]

Non Eea bank statements. Well last few months both names were on statements. But as far as I know the EEA directive don't mention anything about balance amounts or transactions. I could also only get declaration from him and his income prove to support the application? Am I right?

[askmeplz82]

UKBA would like to see if you have direct access to those funds . Based on other cases i read It would have been great if the funds was in your account or joint account for last 2 years . Then UKBA won't have another excuse bla bla bla ....

Did you have health insurance too ? And why your EEA3 refused ?

[Viktoria27]

I took out insurance in December 2013. Strangely they didn't mention anything about lack of CSI for previous years in the refusal.
It just surprised me how could they refuse our application because of £10 WTC whereas the income was always £270+
. How in such situation can you prove that you not 'unreasonable' burden on the state?

Could just the tax returns of my husband be used as a proof of funds from
family member?
From EEA4 "If these funds come from another
family member, evidence of their employment or funds should be supplied." It doesn't mention bank statements

[sheraz7]

An EU national can certainly become self sufficient on the legally derived funds/income of its any of non-EU national family members. But for self sufficiency the access of those funds to EU national is highly imperative which can be demonstrated by having joint account or regular transfer of money into EU national individual account. And a newish UKBA refusal reason that insufficient transactions or insufficient balance amount is totally unfair.

[kunleswags]

Hello honorable members of the board including sheraz,obie.considering the refusal of the applicants eea3 on the grounds of receiving tax credits does it mean that if u are self sufficient the eea national is not entitled to claim tax credits?cos i find this decision awkward or is that the new law?

[rosebead]

It appears to be just a small amount of WTC a week. In light of that I don't think it could be proportionately argued that such a small amount could be a "burden" on the social assistance system. It seems harsh.