EEA2 Student - Refused on insufficient funds grounds

[Zabeth]

Hi,

I would please need your help regarding the EEA2 refusal my partner received, and advice on what is the best way to proceed.

My non-EEA civil partner applied for an EEA2, me being a student. We sent a few bank statements to serve as a proof of address.
They replied that he hasn't provided sufficient evidence that I (EEA) have sufficient resources:

'You have provided a declaration from the EEA national which states that she certifies that she has sufficient funds. However the bank statement that you have provided shows that the EEA national has approximately £1,000 in funds. This department does not deem this figure to be a sufficient amount of money to support both you and the EEA national whilst residing in the UK."

I am unsure whether we should appeal or submit another application?
-An appeal would probably be based on the grounds "that the decision is otherwise not in accordance with the law" as the sufficient resources figure seems quite arbitrary.
-I am afraid that a further application could only rely on me (EEA) providing further evidence of sufficient funds, am I right? But then, what is deemed to be a sufficient amount of money anyway?

Thanks for reading!

[Universal soldier]

Since ukba is charging £55 fee they employ incompetent staff who do not read directive. Under EU route the caseworker cannot set any financial limit of funds which a person need to possess and it is unfair as long as the person can live without benefits.

[Zabeth]

Thanks for the reply!

Yes, it was my understanding too.
What do you think are the options now? Does he have to appeal, or can we simply try to call the UKBA to point out that fact?
Also, do you know of any kind of text that would support the fact that they're not allowed to ask me for any amount of resources? As far as I am aware, the texts don't mention it: does that mean that they have the right to ask us to prove them wrong whenever they have an arbitrary doubt? or is it just unlawful to do that?

Also, they kept my non-EEA partner's passport. Is it standard procedure?

[sheraz7]

Decision seems unfair and following guidance for caseworkers can be shown to the relevant caseworker for reconsideration of decision:

Declarations made by students
"The regulations allow students to assure the Secretary of State they have enough resources
not to become a burden on the social assistance system by making a declaration.

When dealing with applications from students you can receive either:

 evidence in the form of documentation, or
 a declaration.

You must not insist documentary evidence of available income or resources is provided.

If the applicant chooses to make a declaration you must advise them to confirm they meet
the above requirements relating to enough resources".

[Zabeth]

Thank you sheraz7 for pointing me to the text and for your advice.

I am sorry to ask that, but it feels like it could be crucial:
"You must not insist documentary evidence of available income or resources is provided. "
What does this mean? Honestly, it seems to me that some words are missing. Is it saying : You must not demand documentary evidence of available income or resources when a declaration is provided. OR You must not insist WHEN documentary evidence of available income or resources is provided.
??

[sheraz7]

you need to click on the link provided in last post to read the relevant official guideline.

[Zabeth]

I am sorry if my question made you think I had not. Please, be certain that I did, and actually even read it more than one time

[Zabeth]

Here is the thing:
I originally thought that I could call them and point out that having been given the choice to simply provide a declaration as proof of self-sufficient funds, it was arbitrary of them to suggest that I had not enough resources, when the bank statements that I provided where not supposed to constitute a comprehensive list of the financial resources I have.

But all this seems to be a misunderstanding on my side since what I gather from the guidances you provided, is that somehow the declaration is not enough/especially since the caseworker had the chance to have a look at some of my bank statements.
Or am I misreading?

So if I understand well what you're suggesting, the only thing I can tell the caseworker on the phone is to have a better look at my bank statements to see that I have self-sufficient funds.

Regarding the amount of self-sufficient funds:
"Guidance for IPS staff on dealing with applications for children born in the UK to European Economic Area nationals claiming Treaty rights." https://www.gov.uk/government/publicati ... aty-rights
esp. see p. 7: "For those unemployed or economically inactive (students, retired persons and other non-economically active people), the threshold that has been used in the past is £3000 - £8000" ... "For couples, the figures stand at £90.00 per week. These amounts are reviewed annually and increased each year in April."

Housing benefits eligibility "your savings are below a certain level - usually £16,000" cf https://www.gov.uk/housing-benefit/eligibility

Jobseeker's Allowance (JSA) eligibility "must have £16,000 or less in savings"https://www.gov.uk/jobseekers-allowance/eligibility

Does anyone know a more accurate figure?

Thanks again for reading! It is very much appreciated!

[Universal soldier]

So you means that having £16000 makes eu national self sufficient but i donot think this figure can relate to EU route applications. Many families can live with low finance for example by sharing house with other tenants, cooking food at home, no child born yet etc that is why there is no fixed thresholds of funds. If a family living without benefits with low finance then what's problem of caseworker, are they not self sufficient?

[Zabeth]

Indeed, £16,000 doesn't seem compulsory.

By looking at the link provided by sheraz7 https://www.gov.uk/government/uploads/s ... 0_0EXT.pdf
, under the paragraph "Assessing sufficient resources". They mention that "If they exceed the maximum level of resources to qualify for social assistance you must accept they have enough resources"

However, reading these guidelines, it does not seem to be an automatic refusal to have less because they get more precise and add:
"Taking into account the personal situation of the applicant and any family members"
"Where you have assessed the personal situation of the EEA national and the evidence, and you are satisfied their resources and that of their family members exceed or will shortly exceed what is needed to meet their financial commitments and living costs, those resources must be regarded as sufficient."

[Zabeth]

I was wondering if I could, please, get some advice of what is the best thing to do from now?

-call someone at the UKBA and point out that they haven't fllowed the guidance properly on that point?
"If the applicant chooses to make a declaration you must advise them to confirm they meet
the above requirements relating to enough resources."
We just got a refusal, and no advice at all as to confirm enough resources.

-call someone at the UKBA and point out that if they have a close look at the bank statements, they will see that we receive a money transfer from France from times to times (which actually come from our French savers account) to allow us to "exceed what is needed to meet [our] financial commitments and living costs"?

-do another application showing our French bank statements (hoping it will be enough for them)

-appeal? On which grounds?

Honestly I am a bit lost.

Thanks for reading again!

[Universal soldier]

i will advise you to send the email at the following address which belongs to European policy team. Better to ask clarification from them about it. They normally send reply in 1-2 days. also let us know as well.

EuropeanOperational@homeoffice.gsi.gov.uk

[Zabeth]

Hi,

I sent an email, and they just confirmed that there is no limit (upper or lower) specified in law, and that it is assessed on an individual basis whether it will be sufficient funds; but also reminded that a declaration in itself is not a proof of sufficient funds, and that it has to be accompanied with some other proof, like bank statements.

We decided to submit another application providing bank statements.

However, the UKBA has retained his passport, saying that it has been passed to the local immigration team who we should contact to discuss his departure from the UK. They also say that we can submit a further application if we think we have further evidence.

The problem is that they gave no clue as to how we should proceed to submit a further application.

-> They don't say if we are supposed to request his passport first to reapply with it;
-> or if we can just reapply without it (maybe with a cover letter saying that the local immigration team has it?)?

Any help gratefully received!
Thanks for reading!