EEA2 2017(CENTRE OF TEST AND GENUINE RESIDENCE TEST)

[mixed2014]

Hi everyone,my husband who is a non-eu citizen moved to Belgium in 2014 to exercise a treaty right so that my husband can join me in Belgium.I eventually moved to BELGIUM,was doing self-employed for a year,my husband was able to joined me in Belgium,he was issued with a Belgian residence card but he spet four with me in Belgium before we decided to moved to UK and while in the uk ,he applied for a residence card but has been refused .main reasons;1our bank statement never showed an money coming from clients that we were doing trading with.2 even though I moved but I still maintained my house in the uk,which means I did not transferred my centre of life to belgium

[mixed2014]

so my application for my husband has been refused for a residence card because my husband spent only 3-4 months in Belgium.i did a self-employed but my accounts shows no transfer or payment into my account.they are asking me why I moved to Belgium in the first place and why I moved back to uk again.should I appeal or put in another application?

[Wanderer]

Doesn't sound like your have a very convincing case...

[mixed2014]

but I rented a house for 1year,have tax certificate,bought health insurance,have a 1year bank account,attended a government sponsored language school but my self-employed was a cash in hand thus why I didn't show on my bank statements

[Casa]

You should have paid your cash in hand payments into your bank account. Maintaining a home in the UK as you have now discovered, will have damaged your claim that the centre of your life was moved to Belgium.

[gillacious_505]

so my application for my husband has been refused for a residence card because my husband spent only 3-4 months in Belgium.i did a self-employed but my accounts shows no transfer or payment into my account.they are asking me why I moved to Belgium in the first place and why I moved back to uk again.should I appeal or put in another application?

Our application was decline for the same reason. The trouble is how do you define principal residence.
Home office can mould the definition of this is in anyway they like. What about the ties to the EEA country ?
Home office changed its rules from the interpretation of O and B judgement. But the truth is O and B also mentions that 3 months is enough to consider it as a genuine residence. It mentions effective and genuine residence only. It does not gives license to HO to conveniently mould the law as per its convenience for blanket refusals.

I am surprised there is no legal challenge to this unlawful surinder singh changes. There should be a legal challenge.

[mixed2014]

casa,so what has happened since your refusal?did you appeal or made another application?
About my bank accounts,the money shows on the statements as deposits and transfers but they seem not to understand it that way,because all the money received were bank personally or by third parties on my behalf.
should I appeal?

[Casa]

casa,so what has happened since your refusal?did you appeal or made another application?
About my bank accounts,the money shows on the statements as deposits and transfers but they seem not to understand it that way,because all the money received were bank personally or by third parties on my behalf.
should I appeal?

I haven't made an application. I've simply commented in response to your post. I think you're referring to gillacious_505

[Obie]

There is a clear consensus amongst that the Regulations misapplied the Surinder Singh route. The regulation has not adopted it to its letter or to the spirit. Therefore my advise is for people to continue appealing.

[Jbkhan32]

How they discovered your house in the uk?did you attached any documents which ho is using against you?or some one told ho?

[mixed2014]

my wife's daughter was living there so there is no way she could have vacated the house like that.
We can argue that since the daughter was living there and was paying the rent,there was no need to sell the house

[Obie]

Just as Mr Singh did not need to show his wife Mrs Singh sold her property or transferred her centre of interest to Germany, or Miss Eind did not need to show her father sold his property when he left the Netherlands to work in the UK, and Mr Akrich did not need to show Mrs Akrich transferred the centre of her life to Ireland, so too, do i not believe you need to show your home was sold when your went to exercising treaty right.

A United Kingdom citizen will be deterred from moving to another member state to exercise treaty rights, if he does not have the certainty of being able to return back home( Eind). If a person had to sell their home before moving, or the family life they had developed in another member state will be discontinued, then they will be deterred from moving in the first place, as the will have no certainty of being able to return.

[gillacious_505]

Just as Mr Singh did not need to show his wife Mrs Singh sold her property or transferred her centre of interest to Germany, or Miss Eind did not need to show her father sold his property when he left the Netherlands to work in the UK, and Mr Akrich did not need to show Mrs Akrich transferred the centre of her life to Ireland, so too, do i not believe you need to show your home was sold when your went to exercising treaty right.

A United Kingdom citizen will be deterred from moving to another member state to exercise treaty rights, if he does not have the certainty of being able to return back home( Eind). If a person had to sell their home before moving, or the family life they had developed in another member state will be discontinued, then they will be deterred from moving in the first place, as the will have no certainty of being able to return.

Only if UK court is willing to listen to it. Can the courts overrule 2016 regulations? Are there any recent precedents Obie?

[mkhan2525]

Well the Centre of life is not part of the Directive. O and B is clear that the residence in the host member state has to be assesed in line with criteria set out in Article 7(1) and (2) of the Directive.

[mixed2014]

is anyone facing the centre of life and genuine residence test in 2017?

[mixed2014]

can someone advise me about how to approach this" sticking issue "of ,even though I did a self-employed business but was mostly a cash-in-hand and banking the money at the end of the week ,ths why it did not appear on my statements

[gillacious_505]

can someone advise me about how to approach this" sticking issue "of ,even though I did a self-employed business but was mostly a cash-in-hand and banking the money at the end of the week ,ths why it did not appear on my statements

Did you had the invoices for the money you received?
did you declare it to the tax authorities?
if you banked the money and you paid adequate tax to the revenue services. Then it should be ok i guess or perhaps any letter from accountant certifying that?
I am not expert but I guess it was upto the discretion of the caseworker.
Now with the appeal you can try to explain best to the judge.

[mixed2014]

yes,i paid tax,national insurance which I have it.the only mistake I did was didn't issue receipts.
Imagine doing sales at sunday markets every week.it is purely a cash -in-hand and we paid tax.
in Belgium what the tax authorities do is ,they give you an estimated tax quarterly for you to pay and at the end of the year with your accounts prepared ,to either claim back of your tax or you pay more to the tax authorities

[gillacious_505]

yes,i paid tax,national insurance which I have it.the only mistake I did was didn't issue receipts.
Imagine doing sales at sunday markets every week.it is purely a cash -in-hand and we paid tax.
in Belgium what the tax authorities do is ,they give you an estimated tax quarterly for you to pay and at the end of the year with your accounts prepared ,to either claim back of your tax or you pay more to the tax authorities

the most you can do is getting a letter from accountant there.

[mixed2014]

can full-time study of a language course for three months be taken into consideration and considered as equivalent of sponsor being in a full time employment/

[mixed2014]

what I'm saying is that,as a sponsor,i was in a full-time language course for thee months and because of that I could not engage in any business activity as expected.
Could that qualify me as a sponsor in full time education?

[mixed2014]

Finally my case went to First=Tier Appeal Tribunal court and my case has been dismissed.
Decision reached by the judge,im trying to circumvent the British domestic immigration law,by moving to Belgium to exercise my treaty right to bring my husband who is a non-eu.
What can I do now,take my husband back to Belgium?

[mkhan2525]

How did the judge reach the conclusion that you circumvented UK immigration law and were you represented?

Did you or your representative mention the case of Akrich?

[alphagear]

Was anyone else successful in appeal?

[mixed2014]

no,before the appeal, I contacted about seven immigration lawyers in London but they all put me down for the fact that I did not have a strong case to argue.i represent myself and thus why I think I lost my case