EEA FM Refused With right of appeal help plz

[juditali]

Dear senior member

i am new to forum sorry my thread is bit long thanks for you time i need your suggestion in my case please
my wife eu national am non EU NATIONAL i applied EEA FM in 3rd july 2015 got COA 8th AUGUST 2015 . got refusal on 8th December with the right of appeal .
i appealed in dec 2015 tribunal fees was deducted from my account on 30th of December but no hearing date till now.

reason for refusal:
they could,not find my wife company name on Google, company house or on 192.com , they only found my wife employer website which was mention on employer letter.

second reason, my wife is working as self employed in catering take away , they are saying that you hav,t provide the business bank statement or audited account it deemed you hav,t provide enough proof that my wife is self employed.



my wife employment

actually where my wife works is not a limited company its a self employed business with name xxxxxxxxxx cleaning company own by Mr xxxxxxxxxx xxxxxxx for about 5 years, registered with HMRC with pay reference number . and on my wife wages slips it only says xxxxxxxxxx cleaning company not(xxxxxxxxxx cleaning limited) so how they thought its a limited company and also i provide my wife employer letter as well.

[my wife as self employed ]

my wife also works as self employed in catering takeaway , she registerd with HMRC
we provide to home office my wife UTR, HMRC Rgistration, BANK statment, invoices to catering takeaway, SA101 (TAX RETURN) ,SA302 (Tax calculation from HMRC) , letter from my wife accountant that he is doing all the accounts for my wife, other accounts from my wife accountant, contract with catering take away, and my wife don,t need a business bank account for self employed by law she can use her personal bank account. she also don,t need audited account as her income is less than audited threshold .

despite of all these document they are saying that my wife is not excising treaty right in this country .

so what you recommend for me to take it to court hearing in term of her employment and self employyment . your suggestion will be really appreciated

many thanks

[juditali]

any suggestion or ideas from seniors please as i am new to immigration forum

[noajthan]

any suggestion or ideas from seniors please as i am new to immigration forum

No doubt members will be willing & able to assist when they have time - that is the ImmigrationBoards way.
Stand by.

In the meantime you clearly didn't submit adequate documentary evidence - for example HO could not find adequate traces of the first company.

This guidance shows what caseworker will have been looking for:
https://www.gov.uk/government/uploads/s ... _clean.pdf

Be aware that HO now seems to apply a somewhat controversial MET (income threshold) test to help them decide whether the work is genuine & effective rather than marginal & supplementary.

[juditali]

any suggestion or ideas from seniors please as i am new to immigration forum

No doubt members will be willing & able to assist when they have time - that is the ImmigrationBoards way.
Stand by.

In the meantime you clearly didn't submit adequate documentary evidence - for example HO could not find adequate traces of the first company.

This guidance shows what caseworker will have been looking for:
https://www.gov.uk/government/uploads/s ... _clean.pdf

Be aware that HO now seems to apply a somewhat controversial MET (income threshold) test to help them decide whether the work is genuine & effective rather than marginal & supplementary.

thanks for reply

i did submit my wife wages slip for first job, her employer letter as well but actually the business she works for is not a limited company its self employed business and also my wife wages slip dose not says limited it just says business name, so if case worker should know about this.
and Friday we requested a letter from HMRC regarding my wife employed record which they have it on business owner name MR xxxxxxxxxxx xxxxxxx, if HO want they can contact HMRC and her employer the hav,t done anything they just rejected it,