EEA3 Refusal Student/Worker please help

[anupriuss4]

Got letter today dated 22/09/14. It's refusal letter and it states that I was refused because I have not evidenced that I had sufficient funds in the United Kingdom not to become a burden on the social assistance of the United Kingdom for the duration of the study.

Original topic: http://www.immigrationboards.com/eea-ro ... 72080.html

Few points:

1) I've applied for PR already after I graduated and while studying I have never asked for any social assistance.

2) For the years I studied my second degree 11-14 my parents were supporting me by sending me money to my home bank account and I was just withdrawing money from that bank card in the UK. It wasn't big money, but enough for me for my rental and living fees.

P.S when applying I haven't attached any of my UK or home country bank statements (maybe it was the mistake) ?

3) What does it exactly mean 'sufficient funds' how much shall it be monthly or annually ?

4) Shall I appeal this decision or just leave it ? If I can appeal by trying to prove I had sufficient funds what do I need to prove so ?

5) Letter says:

In making decision to refuse your application, consideration has been given to the following:

EEA3 application form

National identity card

WRS certificates

Evidence of employment

EHIC cards

Evidence of study

Thanks!

[anupriuss4]

Based on the evidence you have provided within this application, you have not evidenced that you had sufficient funds in the United Kingdom not to become a burden on the social assistance of the United Kingdom for the duration of your study.

Therefore, the period of study can not be counted towards your qualifying period.

Therefore, it has been decided to refuse the confirmation you seek with reference to Regulation 15(1)(a) with reference to Regulation 4 & 6 of the Immigration (European Area) Regulations 2006.

This is the exact wording of the refusal.

[Obie]

Did you apply for Registration Certificate before 2011?

Did you have a European Heath Insurance Certificate?

You are not required to show bank statement for student exercising treaty right.

A declaration is an option to that requirement.

[vinny]

The refusal seems illogical, as it's self evident if you had not claimed any public funds.

[Obie]

The refusal seems illogical, as it's self evident if you had not claimed any public funds.

Then again there is nothing logical about the UKVI these days.

Seeing some of the refusal letters these days, make such a depressing reading, that i will not wish it on my worst enemy.

[anupriuss4]

Obie I have applied for WRS certificates because I was employed 2009-2011. After I've joined my university at 2011 I didn't apply for any certificates, plus 2009-2011 years are counted as I was working. The problem is only 2011-2014 as they asked to show that I had sufficient funds while being a student. I have no idea what do they mean by sufficient and I had EHIC cards, which i've sent to them for 2011-2014. I think it's illogical as well, as I have already graduated in 2014 July and during those 5 years (2009-2011: working, 2011-2014 studying) I have never claimed for any social assistance whatsoever.

[anupriuss4]

I think they refused me because of this:

(iii) assures the Secretary of State, by means of a declaration, or by such equivalent means as the person may choose, that he has sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence.


I really cannot understand, as I have applied already after I graduated, so my period of study is over. And during that period I have never claimed for any assistance whatsoever..

Guys please help me, I am not sure what shall I do as I just have not got enough legal knowledge. Shall I make a new application or appeal this one ?

Do you think I am eligible to get PR card or i really do not meet the requirements? It's quite funny though, as the refusal in my opinion basically asks to prove something what already has happened and won't be repeated in the future.

(iii) does not say anything specific as how much is 'sufficient' or how to prove it (bank statements, etc)

I have EHIC for all the period for the 2011-2014.

[anupriuss4]

Did you apply for Registration Certificate before 2011?

Did you have a European Heath Insurance Certificate?

You are not required to show bank statement for student exercising treaty right.

A declaration is an option to that requirement.

please see my previous posts

[fakharraza]

Hi ,
Can we apply as both Student and worker, my Wife is EU citizen studying and working part time 15hrs a week.
I can provide her Employment Letter and university Letter.
so can we tick both Worker and student on the EEA @ Form ?
THANKS