EEA self sufficient and EEA2 rejected - please help

[Penelope111]

Hello all,

I had happily submitted our documents (husband is EEA national) on 26/09 and was waiting everyday to get a CoA. However, today we received a rejection letter stating that additional evidence is required for our self sufficient status:

1. bank statements for the last six months
2. private comprehensive health insurance

Now, I am not sure whether the letter is just a template that they use. We only sent 3 months of bank statements (I wasn't aware that it was required for a 6 month period). This is something we can easily get. The bank statements are in my name, because we are using my savings and my employment to be self sufficient. Is this a problem?

Regarding the health insurance, I had purchased Aviva's Healthier Solutions which covered both of us. I enclosed the policy document and the terms and conditions booklet. Now I am not sure why they asked for evidence of health insurance since we already provided it. Any thoughts?

Please help.

Thank you

Penelope

[Guerro]

In your thread you mentioned you are self sufficient and using your employment! Are you employed or self sufficient? What documents did you send the first time?
Regarding the second time, as long as you submitted the csi and evidence of you exercising treaty rights by being employed or self sufficient everything will go well.

[Penelope111]

Sorry I was not clear. My husband is self sufficient - the funds are coming from my bank statement and my employment.

The bank statements - I went to the bank today to get statements for 6 months. It has the bank logo but is printed black and white. Is this a problem or will they accept this? Do they need the proper colour logo and our address on it?

[EUsmileWEallsmile]

Firstly, have you had a rejection letter or a request for more information?
Have you read through the European caseworkers instructions for residence cards (chapter 5) and certificates (chapter 4)? Make sure you are familiar with them. http://www.ukba.homeoffice.gov.uk/sitec ... dlaw/ecis/

For the medical insurance, did you send the certificate of insurance or just the policy document? Were you both named on it? Sorry if appear to be condescending. Annex A on page 12 of chapter 4 gives some guidance.

It will not matter whose funds are whose as you are a couple. You may point out that the funds cover you as a couple if you wish.

You do not state how long you’ve been in the UK, but the first three months are condition-free. You can apply for the residence documentation the day you arrive, three months later, never or whenever you please in the UK. You do not need to show that you have been continuously self-sufficient for the last six months to qualify. It will be easier if you just give them what they ask for though. It would be perhaps different if you were applying for permanent residence, which brings me onto another point.

Do yourself a favour. Start thinking of permanent residence now and what you will need to gather. Keep the insurance certificates, bank statements, council tax bills, etc every year for the next five years. You will thank yourself when the time comes to apply.

[Penelope111]

Hello,

It is not a rejection letter, you are right, the letter states that they require more information.

I'm going to read the link you sent. Thank you.

Please if you don't mind, what is the difference between the insurance certificate and the policy document? I have given them the letter from AVIVA which states the insureds (both our names), premium and policy number. And also a booklet which has all the terms and conditions. That is all I received from AVIVA.

Thanks

[Penelope111]

Please can someone who has successfully applied via self sufficiency respond to us.

We will now submit the following:

1. bank statements for prior 6 months showing sufficient savings, and my salary from current employment.
2. my payslips and employment letter (only been working for 2 months)
3. private comprehensive insurance policy document insuring both of us
4. utility bill and rental agreement
5. passports
6. forms
7. photographs

Am I missing anything?

[Guerro]

Please can someone who has successfully applied via self sufficiency respond to us.

We will now submit the following:

1. bank statements for prior 6 months showing sufficient savings, and my salary from current employment.
2. my payslips and employment letter (only been working for 2 months)
3. private comprehensive insurance policy document insuring both of us
4. utility bill and rental agreement
5. passports
6. forms
7. photographs

Am I missing anything?

Bank statements under both names or only your name?
You should show regular fund going on the account of the self sufficient eea family member

[Penelope111]

We were thinking to submit bank statements that are in my name. Is this not possible? As I understand, the funds for the self sufficient person can come from his family members?

[Obie]

Yes, you are right, funds can come from the non-EEA family member. Provided of course those funds originates from lawful employment or lawful sources.

There needs to be evidence that the EEA national has access to those funds, this could be evident from a bank statement in joint names.

A bank statement in His name could also be used as proof of resident in the UK, which is another requirement.

[Penelope111]

We have been maintaining separate bank accounts. Is it sufficient for our cover letter to say that the funds from my employment and my savings will be used to maintain us?

[joshuaaubin]

There is nothing stopping from joining anyone to your bank account at anytime. Check with your bank, all you need is the person passport and bills, walk to your local bank and tell them you want to join your spouse to you acct with them. I did that and it work.

[EUsmileWEallsmile]

Firstly, it would appear that you have submitted evidence of medical insurance. It is possible that they have not read it or overlooked it. Did they return this to you? If not, point out that you have already submitted it and state that they may overlooked it.

In the UK spouses have a legal duty to support each other financially, whatever their banking arrangements. If one spouse has sufficient savings or income, the other cannot claim any means tested benefits - income support, etc (unless they cease living together, bit that’s a different matter). Therefore, it would not be right for UKBA to insist on joint bank accounts. Your savings / income should allow your spouse to be considered self-sufficient for the purposes of EU law. It would certainly come into play if he tried to claim means-tested benefits, which is what was meant to be the purpose of the requirement in the first place. Point all this out and see what happens. Read the citizen’s advice guide. It’s under financial support (maintenance) half way down the page. In case you are in Scotland, the law is very similar. http://www.adviceguide.org.uk/index/you ... rences.htm

Not that I am suggesting for second that this applies to you, but I can easily envisage a hypothetical scenario, where one spouse should not have full access to funds (mental illness, addiction, etc), but that would not relieve the other spouse of their legal duty to support the other financially. My point is that you should not have to have joint bank accounts to qualify.

If your husband was working or self-employed, it would simplify matters for you. Everyone’s circumstances are different of course.

[Penelope111]

Thank you very much for your reply. What you say makes sense, and even the HO officer I spoke to on the phone today said that yes even if the funds come from me that is ok, and it is also stated on the EEA forms that the funds can come from their family members.

Perhaps our application wasn't clear because we didn't provide a cover letter. I am going to write one that states all the documents we are sending and our basis for self sufficiency. Hopefully our application doesn't get sent back again!

[EUsmileWEallsmile]

Best of luck, hope it all works out. I'd love to hear back when you've got your documentation.

[toni34]

your documents are in order,i think they just want your 6 months bank statements for records nothing else.

[richmond332]

I've submitted on 22nd of september as a self-sufficient. I wonder about the news of my application. I have'nt got the coa yet, but any update i would have, i will let you know.

[Penelope111]

Richmond332,

You said you are applying as self sufficient as well. If you haven't heard from them hopefully yours didnt get sent back like mine as I sent it a few days after you.

Are you applying on the same basis as us ie it is the non EEA who is working?

[richmond332]

Hi Penelope111,

yes, we have applied as a self-sufficient category as well. but I, non eu citizen, am not working currently. I just completed my dissertation on my degree waiting for the result.

and yes, we have received the COA just today as you said. thanks.

We have submitted follwoing documents.
Cover letter
Comprehensive Sickness Insurance (for both name)
Marriage certificates (from both countries)
Tenents Agreeement (for both name)
Bank Statesment (for both name)
University enrolment

I don't see that much difference with you except cover letter. But i doubt that cover letter could be a critical determinant for the application process.

We hope your application goes well too.

[simonpat]

Hello everyone!
I also have a quastion about EEA2 application. I am Malaysian and my wife is from EU. We arrived in UK (scotland) on August, and on 20th september submited out EEA2 application (my wife is studying full time, for next 4 years ) included all documents they asked:
confirmation from university - under wifes name
comprehensive sickness insurance - under wifes name
marriage certificat
proof of who pays her university fees - under wifes name
rent agreement - under both our names
confirmation letter from the bank showing my wifes savings

We just got our papers sent back today saying that documents are insufficient.
Basicly, letter says that we need to send :
letter from university ion and that he fee has been paid in full
evidence of 6 month bank statement proving that my wife has sufficient funds to support her studies
evidence of comprehensive sickness insurance of herself

Can my wife use bank statement for last 6 month from her country and is it ok that it is saving account so there r no money coming in every month regulaty. but amount of savings should be ok!!

I hope somebody can help us wih our problem!!

Thank you everyone!!!!

[EUsmileWEallsmile]

Please read the directive 2004/EU/38 if you haven't done so. Article 7 1 (c) applies to your case. Read it and if you don't understand it, by all means post back.

An enrollment letter that demonstrates that she is a student is sufficient as far as the law is concerned. The question as to who pays for the education is not mentioned in the directive.

You will both require comprehensive sickness insurance.

It is absolutely clear that the "they" in the directive refers to Union citizens and not the state or national authority. That gives your wife considerable latitude as to how how she chooses to demonstrate sufficient resources.

You say you are in Scotland. The law is that both spouses have a duty to aliment each other. That basically means look after each other's needs financially. In other words, if she is self-sufficient, so should you.

[mimine30]

dont know who can afford a CSI from aviva being self sufficent i use to pay 113 ponds for both eea and non eea couple you add the rent and the bills ...i think you got the point recentely i chnage the cover and for a fully comprehensive i halfed the price of it
good luck everyone

[nonspecifics]

You were asked for statements for the last six months to prove self-sufficiency.

Other EEA3 applicants for PR also had the applications returned, but they were told to supply "every bank statement sent to a UK address for the last five years"

I thought that would be impossible to do. Would Teresa May and the UKBA staff help by providing their bank statements, as I presume they were sent to a UK address.

I just wonder how much the postage will be sending UKBA every bank statement sent to a UK address in the last five years.

Of course the applicants had not kept all of their bank statements for the last five years. One applicant pointed out to UKBA that many banks charge about £10 for each duplicate bank statement, but they can provide them if UKBA pay for the copies. UKBA just refused the application for lack of evidence.