CAN ANYONE PLEASE ADVICE!!

fifi2011 · Post by **fifi2011** » Thu Feb 03, 2011 1:11 pm

Hello i am new here,well just got my refused application under the eea spouse visa.According to the letter it stated that i don't have medical insurance for myself ,and not enough support financially.Well i sent my application along with my husband bank statement showing an amount of 50 000 euro on it!!He is self employed but the documents was in french which i didnt know i had to translate it before sending it as it didnt say on the form you need to send only english documents.My husband is a self employed he is into construction and a french national.Got married here in the uk itself was given COA to do so.Now they say that my husband document is not showing enough support .I did sent my statement as well there is money on there but they say its not enough like 800 pounds every months .Now i am a little bit confused on the letter its saying that i need to appeal and that if not they will remove me from the uk and be detained ..I am scared to death.They did not return my passport and my husband's statement .Well my question is can i appeal and sent a medical insurance and send more bank statement of my husband's and translate it into english.Will they consider my case with more evidence ? thank you i am a mauritian nationals by the way.

86ti · Post by **86ti** » Thu Feb 03, 2011 1:31 pm

A self-employed person would not need separate sickness insurance and would also not need to show funds like bank statements, etc. What is unclear from your description, however, is how your spouse is self-employed. You say that a document is in French. Is his company registered in France?

fifi2011 · Post by **fifi2011** » Thu Feb 03, 2011 2:04 pm

He is self employed but have not been working in the uk cause he had to do his cscs card to be able to work in the uk construction jobs !!So when doing my application the only documents that we were able to show that he got savings was his bank statement showing a savings of 50 000 euro from his bank in france to support us until he get his cscs card which he got 2 weeks ago but the application was already sent.But the home office seem not to understand it was a saving booklet as they its his medical insurance which is not the case.I am been told i need to translate every documents on the appeal form but they did not return me the original one !! but not problem he'll go france to get a new one .But my question is will they reconsider my appeal with new documents again his bank statement do they translate bank statement into english language ? and will they accept if i apply for a medical insurance now and send them my appeal ? but ive got just 10 days to do this .Or else they'll remove me and detained me according to the letter

fifi2011 · Post by **fifi2011** » Thu Feb 03, 2011 2:09 pm

He owns properties in france and this where he get money from renting them as well !!!Should i get all these documents and translate them in english showing he has enough funds ? They never precise on the form that all documents need to be in english just now on appeal letter they mentioned it..

Post by **Greenie** » Thu Feb 03, 2011 2:16 pm

fifi2011 wrote:They never precise on the form that all documents need to be in english just now on appeal letter they mentioned it..

It states this very clearly on the application form.

fifi2011 · Post by **fifi2011** » Thu Feb 03, 2011 2:22 pm

I didnt see that !!thinking all amount showing will be understand !!any way so what should i do ?

Post by **Greenie** » Thu Feb 03, 2011 2:27 pm

Lodge your appeal before the deadline. Have the documents translated by a reliable translation company and get the medical insurance. Submit these documents to the UKBA with copies to the tribunal and ask them to reconsider your application before the appeal. If they don't consider the application before the appeal argue your case before the judge.

86ti · Post by **86ti** » Thu Feb 03, 2011 2:28 pm

Look, you really have to make up your mind: is he self-employed in the UK or not? If he is then see above, if not and he wants to be self-sufficient then sufficient funds/income and medical insurance need to be shown.

fifi2011 · Post by **fifi2011** » Thu Feb 03, 2011 2:39 pm

greenie !!To be able for him to be a self employed in the uk he need to have he's cscs card !!which he got now but didnt have before !! he is working for himself !!Now in overall he is a self employed even in france he is a property developer he buy and rent properties !!What's your problem ?i am here to ask for advice if you can't just forget it and do your thing .Someone have been working on his own for the last 10 years is a self employed it doesn't change someone's into a different career when moving to britain !! Its just you need to do the cscs card before working if you know about working in the uk in construction ..anyway thxs really appreciate it.

Post by **Greenie** » Thu Feb 03, 2011 2:41 pm

fifi2011 wrote:greenie !!To be able for him to be a self employed in the uk he need to have he's cscs card !!which he got now but didnt have before !! he is working for himself !!Now in overall he is a self employed even in france he is a property developer he buy and rent properties !!What's your problem ?i am here to ask for advice if you can't just forget it and do your thing .Someone have been working on his own for the last 10 years is a self employed it doesn't change someone's into a different career when moving to britain !! Its just you need to do the cscs card before working if you know about working in the uk in construction ..anyway thxs really appreciate it.

I don't understand why you have directed this reply at me?

Please see the information I gave you in my post. How does this indicate I have a 'problem' or that I didn't give you advice?

fifi2011 · Post by **fifi2011** » Thu Feb 03, 2011 2:43 pm

sorry Greenie it was for guru not you !! my little dog just jumped on my lappy while i was sending it thanks for your advice !! really sorry again

86ti · Post by **86ti** » Thu Feb 03, 2011 2:51 pm

I am certainly not the one with a problem here. I am trying to help everyone in this thread to understand your situation but you seem to keep ignoring information that you have received. To reiterate: a self-employed person does not need separate sickness insurance and also does not need to show funds like bank statements, etc.

fifi2011 · Post by **fifi2011** » Thu Feb 03, 2011 2:59 pm

there is way to do so !!no need to be rude ! anyway thxs

86ti · Post by **86ti** » Thu Feb 03, 2011 3:06 pm

Maybe I felt your reaction to be rude too but never mind...

Kitty · Post by **Kitty** » Thu Feb 03, 2011 5:11 pm

fifi2011 wrote:He is self employed but have not been working in the uk cause he had to do his cscs card to be able to work in the uk construction jobs !!

My take on this would be that a person who can't undertake work in their chosen field in the UK without certification (in your husband's case, the CSCS card) isn't actually "self-employed" until they have that certification.

Your husband couldn't show self-sufficiency as an alternative because (a) he has no health insurance and (b) his bank statement wasn't translated.

Personally I wouldn't bother with an appeal: I would gather the relevant papers, get translations where necessary, and make a new application. EEA applications are free, after all.

86ti · Post by **86ti** » Thu Feb 03, 2011 7:22 pm

Kitty wrote:Personally I wouldn't bother with an appeal: I would gather the relevant papers, get translations where necessary, and make a new application. EEA applications are free, after all.

I was thinking the same but there is still this "threatening" letter from the UKBA and I wonder if an appeal is not the formally right way to go. Those letters are actually quite appalling given that the UKBA has no evidence that the applicant is unlawful in the country. Some people just make basic mistakes and do not fully understand the application process.

fifi2011 · Post by **fifi2011** » Thu Feb 03, 2011 8:28 pm

Well i am about to get an english version of my husband's statement showing all his fundings and health insurance as well !! shall wait and see how it goes will keep updating ..fingers cross !It's quite stressful all these paper work .Will just have to wait how long they'll take to give me a response !Hope they do consider i made a mistake and will apologise for this but the thing is they themselves made a mistake on my name it's supposed to be an official letter of refusal .Mistake is human so i hope they consider this .

Kitty · Post by **Kitty** » Thu Feb 03, 2011 9:19 pm

86ti wrote: I was thinking the same but there is still this "threatening" letter from the UKBA and I wonder if an appeal is not the formally right way to go. Those letters are actually quite appalling given that the UKBA has no evidence that the applicant is unlawful in the country. Some people just make basic mistakes and do not fully understand the application process.

Interesting point: the European Casework Guidance (Section 2 paragraph 6.4) confirms that removal cannot be effected while an in-time appeal is underway.

EEA status should also be investigated at the point of any proposed removal as well: if you can produce the relevant documents at that time then you should not be removed.

Post by **Greenie** » Thu Feb 03, 2011 10:56 pm

Kitty wrote:
Interesting point: the European Casework Guidance (Section 2 paragraph 6.4) confirms that removal cannot be effected while an in-time appeal is underway.

EEA status should also be investigated at the point of any proposed removal as well: if you can produce the relevant documents at that time then you should not be removed.

This is why appealing in my opinion is the best option for the OP to protect her positon and to give herself time to obtain the evidence she requires rather than risk being served with a notice of intention to remove and having to try to scamble together the evidence. Although it's unlikely they will atttempt the removal in my view appealing protects the OP's position, and gives her the best opportunity to prove her case as it UKBA do not accept or consider the further evidence she submits, it can be considered by the IJ.

86ti · Post by **86ti** » Fri Feb 04, 2011 8:15 am

Kitty wrote:EEA status should also be investigated at the point of any proposed removal as well: if you can produce the relevant documents at that time then you should not be removed.

It would be interesting to see the actual wording of that letter. I would think it should mention at least that a removal can only be executed if he/she is unlawful in the UK (and another question would be if that could be done before that person has become "an unreasonable burden to the state").

fifi2011 · Post by **fifi2011** » Fri Feb 04, 2011 1:08 pm

I am not interested in uk benefits at all ,graduated here itself in the uk and i have had job proposal !but without a passport i can't show my identity.But money is not a problem for us .We just wanted to invest some in some properties thats why we are here but worst it can we will go back to france

Immigrationboards.com: Immigration, work visa and work permit discussion board

CAN ANYONE PLEASE ADVICE!!

CAN ANYONE PLEASE ADVICE!!

Look, you really have to make up your mind: is he self-emplo

Re: Look, you really have to make up your mind: is he self-e

Look, you really have to make up your mind: is he self-emplo

I am certainly not the one with a problem here. I am trying