APPEAL OR NEW EEA2 APPLICATION????????????????

AC89 · Post by **AC89** » Thu Dec 13, 2012 5:15 pm

Hello,

I (non-EU national) applied for residence permit with EEA2 application form this summer, when my wife (EU national) was employed on a fixed term contract, which finished in the end of august 2012. Since then, as she is a musician she has been making living with singing on the street. Which UKBA was not aware of and they considered the application based only on the fixed term contact.

Today, we received the letter of refusal, but as my wife is still living and working in London and is intending to do so, we consider that I have the right to be here as well.

What we did till now is that she called HMRC and registered as self-employed musician, starting from the date 15 of September.

We are confused about what to do further. I talked to some solicitor on the phone for the free advice and he said we have two options: a) submit a fresh EEA2 application with the basis of my wifes self-employment or b) appeal. But, he wasn't bothered enough to give me more clear information.

As for the option a) the problem is that as all of my wife's income comes from street singing and therefore there are no invoices to prove her income, I think we are gonna have hard time providing evidence for her employment. The only evidence we have, is that part of her income from street singing she was putting on her bank account.

as for the option b) appealing sounds awkward as I admit that UKBA made a fair decision based on the information that they had and unfortunately, it was us that failed to provide them with further information on how my wife is exercising her EU treaty rights in UK.

We are quite confused and would hugely appreciate if someone can clear our mind and advice what to do further.

Thanks a lot.

Post by **sheraz7** » Thu Dec 13, 2012 5:32 pm

The easiest option can be self sufficient by demonstrating some savings and buying private medical insurance for whole family as because cash generated money looks very odd but as savings it should be fine for self sufficiency.

AC89 · Post by **AC89** » Thu Dec 13, 2012 5:37 pm

sheraz7 wrote:The easiest option can be self sufficient by demonstrating some savings and buying private medical insurance for whole family as because cash generated money looks very odd but as savings it should be fine for self sufficiency.

But in that case, we would need to provide evidence of savings right? we dont have savings, as the income goes in our everyday expenses. Last saving we had, we payed our room rent.

Right now I am also legally employed (well from today I have to inform my employer that I am not eligible to work anymore), but i think its irrelevant right?

Post by **Obie** » Thu Dec 13, 2012 6:47 pm

Get your wife to register as jobseeker at the Jobcentre and you will be fine. She was on a fixed contract. She retained her status, provided you can show she is searching for job and registered at the job centre

AC89 · Post by **AC89** » Fri Dec 14, 2012 12:43 am

Obie wrote:Get your wife to register as jobseeker at the Jobcentre and you will be fine. She was on a fixed contract. She retained her status, provided you can show she is searching for job and registered at the job centre

Thanks for the suggestion Obie.

What will be my status in this case? the refusal letter explicitly states that I should leave the country as soon as possible. if I make another application now, I should send my passport again and I will stay with unexplained status, at least until I have CoA again, which may take more then month (based on my previous experience).

Post by **Obie** » Fri Dec 14, 2012 1:46 pm

Was your wife registered with the Job Centre as unemployed, after her fixed contract ended

AC89 · Post by **AC89** » Fri Dec 14, 2012 2:23 pm

Obie wrote:Was your wife registered with the Job Centre as unemployed, after her fixed contract ended

No, she wasn't because she doesn't want or need to be employed. She makes living by being a musician (mainly busking) and has big plans for future, so employment would just hinder her development.

We are now thinking to apply again with EEA2 and enclose a cover letter detailing her situation in that regard. Thats what they suggested us on the Imigration Advise bureau, tel number: 08706067766

Post by **Obie** » Fri Dec 14, 2012 2:39 pm

Well, she does not retain her status, and except you can provide concrete evidence that she is a Self Sufficient person, or evidence of her Self employment by means of tax documents or sales tansaction, you have a bit of a mountain to climb.

AC89 · Post by **AC89** » Fri Dec 14, 2012 2:53 pm

Obie wrote:Well, she does not retain her status, and except you can provide concrete evidence that she is a Self Sufficient person, or evidence of her Self employment by means of tax documents or sales tansaction, you have a bit of a mountain to climb.

Can for example a bank statement, that shows the money incoming during the period when she was not employed act as a proof? Being a busker, she does not have the sales transaction, she just puts her money in bank herself (part of the money).

She registered as self-employed yesterday, but with the date 3 months ago. so as soon as she receives letter from HMRC she will pay the taxes for all these months and we will provide this information to UKBA.

Post by **Obie** » Fri Dec 14, 2012 4:31 pm

On page 14 of this forms, it tells you what document you need to provide to prove Self-Employment.

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APPEAL OR NEW EEA2 APPLICATION????????????????