EEA1/EEA2 refusal

[domoda]

Hello,

I am looking for an advise for EEA1/EEA2 applications.

I am non EEA national married to a EEA national since 2007, and living in the UK. We have a child of 2 years old who has a british passport.

We sent the Home Office our joint applications of EEA1 and EEA2 mid-april 2009.

We received a letter asking for additional document, specially HMRC /in land revenue document proving that the EEA national is exercising treaty right. We did not have the document at the moment and told Home Office (by email) if a letter from our accountants will be fine and then we can send the HMRC document when we get them. Home Office was ok with that. We've sent also job contract of EEA national and bank statements and other contracts of our company (we're both directors).

End of December, We've sent by email the HMRC corporate tax scanned and just didn't send the original paper.

Yesterday we received a letter of refusal on the ground that the EEA national is not exercising treaty right.

We want to make an appeal on ground that home office is breaching the EC law regarding family member of an EEA national.

Is this case straight forward ? Do we need legal representative at hearing ?

Your advice needed,

thanks,

[domoda]

We've finally sent the missing document asking for reconsideration.

Do we need to trigger the appeal too just to avoid overstaying ?

Thanks for your help.

[Obie]

The HO would have sent a right of appeal form, in which case, you are rerquired to fill and send it within the deadline.

Your case seems straightforward, but you have to be confident and fluent with the EU rule to be comfortable at court defending yourself.


All the best.

Make sure you chase up the appeals form.

[domoda]

Thank you for your reply,

Home office stated in their refusal letter that:

"Your statement of reasons for staying in the united kingdom should be made on the form NOTICE OF APPEAL if you are appealing this decision. If you are not appealing but have further reasons you wish us to consider you should send them to the address shown above to reach us within the 10 next working days"

We've decided to send the missing document to home office as "further reasons". Can we do this and appeal the decision in the same time or is it a window HO opened to reconsider the case if the requested document is sent to them ?

My question is if HO refuse again will I have another right to appeal ?

thnaks,

[crivero1]

We are in the same situation now. We want to send "further reasons" to the HO but we don't know if we will loose our right to appeal.

Please, finally what did it happen in your case?