EEA1 and EEA2 applications returned back!

[theuniverse]

Hi everyone,

Hope someone would be able to give us an opinion on this situation.

I(non-EU citizen) applied together with my wife(EU citizen) for UK residence with EEA1 and EEA2 on the basis of being self- sufficient. We sent them 3 bank statements(from different bank accounts,2- mine and 1 of hers) for a 1,5 month period, CSI proof(the actual certificate- it looks like a booklet), my 2 payslips in case the wonder the source of income, marriage certificate, passports, photos- everything required under "self- sufficiency" rule. Now 1,5 month after we submitted our apps we receive back all we sent plus a letter from the case worker saying

"the documents you submitted are insufficient to establish that you have a right to reside under 2006 Regulations".

Also she mentioned

"as you enclosed a health insurance booklet with your application herewith details for self- sufficient:

Evidence that you hold sufficient funds, your last 6 months bank statements, and evidence that comprehensive sickness insurance is held for you and accompanying family members. The private comprehensive sickness insurance policy document which you must submit must name all members and provide cover for treatment in the majority of circumstances. Please note you also have to submit that the insurance has been paid, either as one off payment vie your bank account or by direct debit monthly payments..."

"Once you are in a position to supply all the evidence required to support an application, please resubmit the form, this letter and up to date evidence to the address detailed above..."

Still not 100% clear:

Could she has refused the application because we didn't provide 6 months bank statements and because there was no evidence that the policy is being paid for? But there was nothing mentioning in the original application about these requirements.

Now my questions are is it worth complaining and if it is then to whom? Also, do you think if I go to the bank and ask them for printouts for 6 months and have it stamped in the bank will it suffice? I know I can order extra paper statements, but it can take up to 10 days...As for proof of the insurance being paid for I have a 1 month statement for that.

Also my employer keeps asking me for COA(since my previous 5-year residence card expired), but instead of COA we got our documents back- any advice on that?

And if you have any other thoughts on what's best to do in this situation, that would be great!

Thanks a lot!

[stetois]

Hi everyone,

Hope someone would be able to give us an opinion on this situation.

I(non-EU citizen) applied together with my wife(EU citizen) for UK residence with EEA1 and EEA2 on the basis of being self- sufficient. We sent them 3 bank statements(from different bank accounts,2- mine and 1 of hers) for a 1,5 month period, CSI proof(the actual certificate- it looks like a booklet), my 2 payslips in case the wonder the source of income, marriage certificate, passports, photos- everything required under "self- sufficiency" rule. Now 1,5 month after we submitted our apps we receive back all we sent plus a letter from the case worker saying

"the documents you submitted are insufficient to establish that you have a right to reside under 2006 Regulations".

Also she mentioned

"as you enclosed a health insurance booklet with your application herewith details for self- sufficient:

Evidence that you hold sufficient funds, your last 6 months bank statements, and evidence that comprehensive sickness insurance is held for you and accompanying family members. The private comprehensive sickness insurance policy document which you must submit must name all members and provide cover for treatment in the majority of circumstances. Please note you also have to submit that the insurance has been paid, either as one off payment vie your bank account or by direct debit monthly payments..."

"Once you are in a position to supply all the evidence required to support an application, please resubmit the form, this letter and up to date evidence to the address detailed above..."

Still not 100% clear:

Could she has refused the application because we didn't provide 6 months bank statements and because there was no evidence that the policy is being paid for? But there was nothing mentioning in the original application about these requirements.

Now my questions are is it worth complaining and if it is then to whom? Also, do you think if I go to the bank and ask them for printouts for 6 months and have it stamped in the bank will it suffice? I know I can order extra paper statements, but it can take up to 10 days...As for proof of the insurance being paid for I have a 1 month statement for that.

Also my employer keeps asking me for COA(since my previous 5-year residence card expired), but instead of COA we got our documents back- any advice on that?

And if you have any other thoughts on what's best to do in this situation, that would be great!

Thanks a lot!

Just do what they said you should have done it is obvious and reapply. also you are not the one supporting the application. the EEA is the one so she is the one self sufficient not you. provide even a year bank statement from her and they are right the csi should include you and your wife.

[EUsmileWEallsmile]

Still not 100% clear:

I would not be either if I were in your shoes.

Now, I don't have a medical insurance policy, but I have other insurance policies. Usually there is a certificate naming the beneficiaries. Do you have one naming all your family members?

If you have and already submitted it, make sure that when you re-submit that it's absolutely clear that you are submitting policy number ABCD12345 covering name 1, 2, 3 and 4; that it's been paid on full or otherwise. You can state that if they do not believe it is valid that they must explain why.

[theuniverse]

Thanks for your reply, stetois.
Forgot to mention, of course the application was based on her self- sufficiency, not mine(there isn't even a section in the application about my self- sufficiency), and as far as I'm aware "self- sufficiency" can also be based on my income and my bank statements as well as hers as it is mentioned in the application form. The CSI was already on both names.

[EUsmileWEallsmile]

Does your family have more savings or income in excess of that where you would qualify for benefits?

Whilst not a strict test for self-sufficiency, if you will not get state help and are self-sufficient.

Another test, you appear to have lived in the UK for a period of time already. Have you managed to live without needing to claim benefits? If so, you're de facto self-sufficient.

[EUsmileWEallsmile]

.. as far as I'm aware "self- sufficiency" can also be based on my income and my bank statements as well as hers... .

You are correct.

[EUsmileWEallsmile]

...CSI was already on both names...

Don't understand what they didn't like about it. Unless they did not see or notice the certificate. Did you write a cover letter and specifically mention the policy holders?

[EUsmileWEallsmile]

...since my previous 5-year residence card expired...

Did you apply for a residence card or a permanent residence card? Sounds like you might have qualified for PR.

[EUsmileWEallsmile]

You can find out if you would have savings or income that would be above threshold for benefits by looking here.

http://www.direct.gov.uk/en/MoneyTaxAnd ... /index.htm

If your income or savings exceeds a level that you would not get benefits, it would be difficult for them to claim that you are not self-sufficient.

[theuniverse]

Thanks for your replies,EUsmileWeallsmile.
I will go through the benefits website to see what it says.
It's a EEA2 we applied for, because there were interruptions in the treaty rights during the last 5 years, so just decided to get another 5 years.
I didn't think they needed a cover letter really, since everything was ticked and filled in in the application forms and the names were on the insurance certificate, so looks like this time I would have to write a detailed one for them. It just feels like applying for a job and we have to please them to accept our applications which is just not right in my opinion. Or they should change the requirements in the original forms, not to regect them and create their own requirements. r they just could have asked for more bank statements,which wouldn't be a problem...no idea what wasn't liked in our application forms.
Also my wife started working as self- emloyed and I was thinking to apply on that basis, but we don't have proof of NIC payments since they didn't post her the form yet. All she has is a bank statement with payments coming in and invoices. I heard that might not suffice to HO...

[theuniverse]

Just to update, I went through the benefit website, it's only child benefit we would be able to claim, nothing else. But my main problem at the moment is that my employer is asking me not to work anymore since my residence card expired 2 months ago
Could anyone please advise me what's best to do about the situation with my employer? I know they need at least COA...oh such a shame Home office don't do same day service

[EUsmileWEallsmile]

Just to update, I went through the benefit website, it's only child benefit we would be able to claim, nothing else...(

One step at a time....

You cannot be anything other than self-sufficient. This is good.

[EUsmileWEallsmile]

...so just decided to get another 5 years...

That's absolutely fine. You can apply for a fresh one.

[EUsmileWEallsmile]

Things to have in your letter.

1. EU citizen is applying for EEA1 on the basis of being self-sufficient.
2. EU is self sufficient because has savings of £x and / or relies on spouse's income of £y. These figures are in excess of minimum threshold for claiming benefits.
3. EU citizen has CSI policy number ABCDE and it covers family members A, B, C and D.
4. EU passport (number)
5. EU therefore qualifies for a residence certificate on the basis of being self-sufficient.

Yours would then be exceedingly simple.

1. Non-EU national, married to self-sufficient EU national
2. Passport
3. Marriage cert.
4. Therefore qualifies for Residence card.

[EUsmileWEallsmile]

Could anyone please advise me what's best to do about the situation with my employer? I know they need at least COA(

You need to reapply for RC. You need to state that you require COA to be issued immediately as per the regulations. You should state that you require it for work.

[EUsmileWEallsmile]

A well organised application will help matters. Don't be tempted to send too much. Just enough evidence of income / savings and the CSI policy certificate.

[theuniverse]

thanks a lot for quick replies, you mean it's not worth mentioning that my wife is also self-employed and has invoices and the payments are also reflected on her bank account?will it confuse them? Thanks for your advice regarding how to form the cover letter, I will definitely ask them for immediate issue of COA, by the way are there any similar stories when they issued COA immediately?thanks!

[theuniverse]

I was going to submit 3 6-month bank statements for me and her. Also 2 letters for my other 2 accounts from my local bank branch with my name and address on them confirming I have x amount on those accounts(savings- couldn't order statements for them), dated and stamped(could Home Office claim it's not enough proof?). One of the bank statements reflects 1 payment for CSI(again, hope that will do for them). Also wanted to send 2 payslips of mine(since it mentions in the form if she is self-sufficient through me, I need to show evidence of salary),3 passports, 6 photos, marriage certificate, childs birth certificate, maybe invoices for my wife's self-employment to show she is also self-sufficient through self-employment and highlight payments for that self-employment in her bank statement. Of course CSI documentation and a cover letter. Do you think it's too much? To be honest if I was angry at them a couple of days ago, now I'm a bit scared they will send our applications back again or can twist the applications the way the want(

[EUsmileWEallsmile]

...you mean it's not worth mentioning that my wife is also self-employed...

Now I'm a little confused. If your wife is self-employed she does not require CSI to exercise treaty rights. She can apply on the basis of being self-employed.

[EUsmileWEallsmile]

Do you think it's too much?

Yes it's too much. It is much better to keep the application as simple as possible as I've outlined above.

You have confused me with the self-employed / self-sufficient business. If I were you, I would choose whatever is easier for you to evidence.

[EUsmileWEallsmile]

... are there any similar stories when they issued COA immediately?...

In practice it will take a couple of weeks at least. Others have waited much longer. It will do no harm to mention that it is required for your employment.

[theuniverse]

Thanks for your replyes and sorry for confusing you.
Yes she started being self- employed just a month ago(after we submitted our EEA forms). Now if we decide to apply on the basis of "self- employment", all she has are invoices sent to people she works for and bank statement showing transactions of payments being made for that work, but she doesn't have NIC being paid since HM Revenue did not post her the NIC forms yet. So in theory we can apply either as "self-employed" or "self- sufficient". For "self-employed" we have all documentation(CSI, bank statements, invoices) except NIC contributions proof. For "self- sufficient" we seem to have all documentation(CSI, bank statements, proof of funds). So it's "self-sufficient" vs "self- employed"- I'm just scared if we apply as "self-employed" UKBA might refuse because we didin't provide NICs letters. What do you think?

[theuniverse]

Oh I see, so CSI is not needed if she is self- employed. Then self- employment base would probably be easier if we had proof of nic contributions paid...dilemma

[theuniverse]

I was even thinking to fill in 2 versions of EEA1/ EEA2( "self- employed" and "self- sufficiency") and post them- let the case worker choose which one looks better to them...but of course that's not a good idea

[EUsmileWEallsmile]

Yes she started being self- employed just a month ago(after we submitted our EEA forms)

Given that she has just started and because you have good evidence for self-sufficient, I would suggest you continue on the basis of being self-sufficient.