EEA1 and EEA2 refused under regulation 6 of immigration(EEA)

[ribenamango]

Good evening my fellow forum user,moderators and gurus.
if you can shed some light on my current situation as i am bit confused any sort of help,advice will be appreciated.its a bit long but please bear with me
i applied for eea1 and eea2 in sept2011 as a married partner of eea national.eea1 for my wife as she is self employed.i received my coa in early october.after a ridiculous wait of 5 months and 10 days my application was refused on the basis that my wife didn't provide enough documents to prove that she is exercising her treaty rights in the uk and therefore i am not eligible for a resident permit.she provided the ukba with last 12 months of accounts, invoices, accountants letters and financial statements and some payslips and p60 from the year before!

HO reply to this is (exact wording)
the documents that you had submitted were considered as reasonable evidence of prior business registration.they were not however considered as representative of current business activity.furthermore they were not supported by business bank statements illustrating entries and also recent evidence of national insurance contributions was not provided.therefore,it has been decided to refuse to issue the confirmation that you seek with reference to regulation 6 of the immigration(EEA) regulations 2006.

KEY POINTS
my wife works from home and provide film,music editing service to local studios
most of the time she get cash payments and they cant be traced back to bank statements because she has never put the full amount in the bank.
I had work full-time from the day my coa was issued.
we currently do not have CSI
we are not taking any benefits

NOW my questions
why didn't they ask for bank statements when i submitted my application why wait 5 months for it?
she phoned HMRC twice over three months for a copy of her national insurance contributions bill they never sent it! keeping in mind that she has not paid anything for it as yet.
now the interesting bit,the refusal letter was dated 10th Jan and my solicitor received it yesterday(20/02 HO iconic 2nd class post) does this mean i am still in time for my appeal or the 10 days starts from the date is issued?
would it be better to submit a fresh application or to appeal?
WHAT ARE MY CHANCES GUYS
VERY CONFUSED PLEASE HELP!!

[Obie]

Also see A . J . M . VAN ROOSMALEN
You should be fine.

Solicitor should provide evidence of date decision was served. The 10 day commence from date of service of the decision.

[ribenamango]

Also see A . J . M . VAN ROOSMALEN
You should be fine.

Solicitor should provide evidence of date decision was served. The 10 day commence from date of service of the decision.

thanks obie for your reply.should i lodge an appeal or make a fresh application with some new evidence? is there a minimum requirement for submission of documents (2-6 months)? if i provide just 1 bank statement alongside all her up to date business accounts will it be good enough?
thanks

[fysicus]

she phoned HMRC twice over three months for a copy of her national insurance contributions bill they never sent it! keeping in mind that she has not paid anything for it as yet.

Did your wife actually register herself with HMRC as self-employed? It is mandatory, and after registration you get quarterly bills for Class 2 National Insurance (£2.50 per week). See http://www.hmrc.gov.uk/working/intro/selfemployed.htm for details.

[ribenamango]

she phoned HMRC twice over three months for a copy of her national insurance contributions bill they never sent it! keeping in mind that she has not paid anything for it as yet.

Did your wife actually register herself with HMRC as self-employed? It is mandatory, and after registration you get quarterly bills for Class 2 National Insurance (£2.50 per week). See http://www.hmrc.gov.uk/working/intro/selfemployed.htm for details.

she did in june 2011 we filled her tax returns in jan this year

[ribenamango]

quick question as my eea2 has been refused and i am lodging an appeal very soon,the COA i had from this application will it be still valid or would i lose my right of live and work while my appeal is under way? and secondly how long does it take from appealing the decision till the outcome?
please advice

[newbieholland]

quick question as my eea2 has been refused and i am lodging an appeal very soon,the COA i had from this application will it be still valid or would i lose my right of live and work while my appeal is under way? and secondly how long does it take from appealing the decision till the outcome?
please advice

You still have the right to live & work in the UK until a decision is made on your appeal. If your appeal is rejected you can go to the court against the decision and you still would have the right to live & work. Dont stress!

[ribenamango]

quick question as my eea2 has been refused and i am lodging an appeal very soon,the COA i had from this application will it be still valid or would i lose my right of live and work while my appeal is under way? and secondly how long does it take from appealing the decision till the outcome?
please advice

You still have the right to live & work in the UK until a decision is made on your appeal. If your appeal is rejected you can go to the court against the decision and you still would have the right to live & work. Dont stress!

thanks mate much appreciated

[ribenamango]

hi how long does the whole appeal process takes? just curios to know

[Obie]

In country appeals usually take about 2 month, from lodging of the notice of decision and appeal to the release of determination, however it varies from region to region.

[ribenamango]

In country appeals usually take about 2 month, from lodging of the notice of decision and appeal to the release of determination, however it varies from region to region.

thanks obie i am based in london

[newbieholland]

In country appeals usually take about 2 month, from lodging of the notice of decision and appeal to the release of determination, however it varies from region to region.

Obie do you know how long does it take for the appeals lodged outside UK? Is there any priotiy given to the EEA appeals since they need to be processed in accelerated manner? Is there any accelerated appeals for EEA FP?

[toni34]

is there anything stopping ur ea national from taking another job,maybe from an agency or any where she can be given a payslip or letter of employment? you can then reapply again.think it is more practicable that way,just my opinion.

[ribenamango]

is there anything stopping ur ea national from taking another job,maybe from an agency or any where she can be given a payslip or letter of employment? you can then reapply again.think it is more practicable that way,just my opinion.

she has got a proper job now with the same firm where she was a freelancer before.we did send ukba some more documents stating that she is not self employed any more and she has got a permanent job working for the same firm and they failed to acknowledge this and perhaps they didn't receive the documents or shall i say they weren't bothered.
is it more practical to send in another application then to appeal?? though we have lodged the appeal already but we are very confused please guys help