Urgent: EEA4 refused - enforce removal from UK

jo-mo · Post by **jo-mo** » Sat Dec 15, 2012 8:25 pm

Dears,

I would be grateful if I could have your advice. Unfortunately my EEA4 application refused and returned by HO.

I am a non-EEA national married to a EEA national. We came together to UK in 2007 and my 5-year residence permit expired in September 2012.

I submitted my EEA4 application in August 2012 and I received the letter of refusal dated 1st December.

My husband was working as a contractor for 4 month and then for about 6-7 months was seeking for job. Then registered himself as sole-trader in about 6 months later. In 2009 he started his own company.

The letter says:
"As you appear to have no alternative basis of stay in the United Kingdom you should now make arrangement to leave. If you fail to make a voluntarily departure a separate decision may be made at a later date to enforce your removal from UK.

Please advise, time is running

a- What shall I/we do?
b- Could they send me out of the country?
c- Shall I do resubmit or appeal?

Thank you so much

ravii · Post by **ravii** » Sat Dec 15, 2012 9:04 pm

Which documents you submit with your application?and why they refused you?can you explain in detail?

Post by **Obie** » Sat Dec 15, 2012 9:29 pm

It is difficult to assist you without knowing what were the reasons for refusal and what your husband was doing from 2007 to date. Also can you explain how long he worked gor and whether he registered as jobseekers during periods of unemployments, and what documents you supplied Home Office.

jo-mo · Post by **jo-mo** » Sat Dec 15, 2012 9:29 pm

ravii wrote:Which documents you submit with your application?and why they refused you?can you explain in detail?

I had sent the original of:
- non-EEA passport
- EEA passport
- EEA 2 contracts of employment
- EEA Tax letters
- EEA company's bank statemnets
- Tenancy Agreements
- Utility statments
- Marriage Certificate

Post by **Obie** » Sat Dec 15, 2012 9:31 pm

what period were these documents covering. Did they cover a five year period.

jo-mo · Post by **jo-mo** » Sat Dec 15, 2012 9:39 pm

Obie wrote:It is difficult to assist you without knowing what were the reasons for refusal and what your husband was doing from 2007 to date. Also can you explain how long he worked gor and whether he registered as jobseekers during periods of unemployments, and what documents you supplied Home Office.

As they say:
you have stated, during 11 months the EEA national was seeking work.
It is noted that you have failed to provide any evidence that the EEA national employed for these periods as such we have considered these as if he were a job seeker.
(then it says about EEA regulation 2006 ...)

As such your application falls for refusal.

jo-mo · Post by **jo-mo** » Sat Dec 15, 2012 9:41 pm

Obie wrote:what period were these documents covering. Did they cover a five year period.

Yes.
The Tax for 2 years, I could submit more of course.

ravii · Post by **ravii** » Sat Dec 15, 2012 9:46 pm

If your above mentioned documents covered five years then why Ukba refused you?strange...can you please write your refusal letter in which Ukba explained you the reasons of refusal, then surely this forum will assist you.

Post by **Obie** » Sat Dec 15, 2012 9:51 pm

I am still unclear as to the exact reasons for refusal. You may have to appeal as you have a time deadline. Try and do it before the deadline expires.

Depending on the reasons for the 11months absence, you may be fine

Post by **EUsmileWEallsmile** » Sun Dec 16, 2012 9:53 am

Notwithstanding the merits or otherwise of your permanent residence application, consider this...

What is your EU spouse doing in the UK now? Your post indicates that they are self-employed. If this is the case, you appear to be complying with 2004/38/EC and there would be no basis for your removal from the UK.

jo-mo · Post by **jo-mo** » Sun Dec 16, 2012 11:27 am

Obie wrote:I am still unclear as to the exact reasons for refusal. You may have to appeal as you have a time deadline. Try and do it before the deadline expires.

Depending on the reasons for the 11months absence, you may be fine

It might be my mistake that I indictated my husband was seeking work as contractor and freelancer and i did not provide any documnet or prove about it.
Because I didn't know what should be submitted. I know he was applying by emails and I could submit them.
Would HO accept emails as a proof? How many emails shall I resubmit?

jo-mo · Post by **jo-mo** » Sun Dec 16, 2012 11:29 am

EUsmileWEallsmile wrote:Notwithstanding the merits or otherwise of your permanent residence application, consider this...

What is your EU spouse doing in the UK now? Your post indicates that they are self-employed. If this is the case, you appear to be complying with 2004/38/EC and there would be no basis for your removal from the UK.

He is running his company.
Could you please explain abit about 2004/38/EC.
What shall I do now?

Post by **sheraz7** » Sun Dec 16, 2012 11:30 am

The most noticeable point here is that why ukba order you to leave despite the fact they know that if you not qualify for eea4 now then atleast can apply another eea2 again and non-possession/expiry of visa not make a person illegal under eu rules.

jo-mo · Post by **jo-mo** » Sun Dec 16, 2012 11:37 am

ravii wrote:If your above mentioned documents covered five years then why Ukba refused you?strange...can you please write your refusal letter in which Ukba explained you the reasons of refusal, then surely this forum will assist you.

They say:
you have stated, during 11 months (name of the EEA national) was seeking work. It is noted that you have failed to provide any evidence that the EEA national employed for these periods as such we have considered these as if he were a job seeker.

I thought submitting company's tax letter is ok and did not submitted the company registration cert. Maybe I should.

jo-mo · Post by **jo-mo** » Sun Dec 16, 2012 11:41 am

sheraz7 wrote:The most noticeable point here is that why ukba order you to leave despite the fact they know that if you not qualify for eea4 now then atleast can apply another eea2 again and non-possession/expiry of visa not make a person illegal under eu rules.

Sorry I'm a bit confused now. Do you mean I should apply for eea2 now?

Post by **sheraz7** » Sun Dec 16, 2012 11:51 am

But why ukba ordered you to leave. Applying eea2/eea4 is optional under eu rules.

jo-mo · Post by **jo-mo** » Sun Dec 16, 2012 11:59 am

sheraz7 wrote:But why ukba ordered you to leave. Applying eea2/eea4 is optional under eu rules.

No idea. They also indicate that I am entitle to appeal.

Post by **sheraz7** » Sun Dec 16, 2012 12:24 pm

I believe its just a standard refusal letter.

jo-mo · Post by **jo-mo** » Sun Dec 16, 2012 12:34 pm

sheraz7 wrote:I believe its just a standard refusal letter.

Any advise?

fysicus · Post by **fysicus** » Sun Dec 16, 2012 12:41 pm

sheraz7 wrote:But why ukba ordered you to leave. Applying eea2/eea4 is optional under eu rules.

yes, applying is optional but you still do need to meet the requirements.
If you apply and it is refused, then obviously UKBA is of the opinion that you do not meet all requirements. Ordering you to leave the country then is a logical consequence of this opinion.

Post by **Obie** » Sun Dec 16, 2012 1:07 pm

Well it seems like UKBA has got the law wrong. They are saying because your spouse was job seeking for longer than 6 months, he is not qualified. The law say provided the person can show they have a relistic chance of securing a job, they qualify after 6 months. The fact that he secured work after,indicates there was a realistic prospect of securing work.

I think you should appeal.

jo-mo · Post by **jo-mo** » Sun Dec 16, 2012 1:17 pm

fysicus wrote:
sheraz7 wrote:But why ukba ordered you to leave. Applying eea2/eea4 is optional under eu rules.
yes, applying is optional but you still do need to meet the requirements.
If you apply and it is refused, then obviously UKBA is of the opinion that you do not meet all requirements. Ordering you to leave the country then is a logical consequence of this opinion.

Then what chances would I have?Appeal ?

Post by **sheraz7** » Sun Dec 16, 2012 1:28 pm

@fysicus
Yes still there is need to meet requirements even its optional. But he is saying ENFORCING HIS REMOVAL. How/who can force to remove a non-eea person who married and living with eea national based on the sense that if he cannot fulfill the eea4 criteria then he can apply another eea2 that needs the treaty rights at the time of application instead of last 5 years. Its just a normal standard refusal letter.

Post by **EUsmileWEallsmile** » Sun Dec 16, 2012 1:41 pm

jo-mo wrote:
EUsmileWEallsmile wrote:Notwithstanding the merits or otherwise of your permanent residence application, consider this...

What is your EU spouse doing in the UK now? Your post indicates that they are self-employed. If this is the case, you appear to be complying with 2004/38/EC and there would be no basis for your removal from the UK.
He is running his company.
Could you please explain abit about 2004/38/EC.
What shall I do now?

If you can demonstrate that your husband is currently self-employed, then he is living in the UK in accordance with the regulations and so are you. Therefore you cannot be removed from the UK as the letter had suggested.

jo-mo · Post by **jo-mo** » Sun Dec 16, 2012 1:51 pm

EUsmileWEallsmile wrote:
jo-mo wrote:
EUsmileWEallsmile wrote:Notwithstanding the merits or otherwise of your permanent residence application, consider this...

What is your EU spouse doing in the UK now? Your post indicates that they are self-employed. If this is the case, you appear to be complying with 2004/38/EC and there would be no basis for your removal from the UK.
He is running his company.
Could you please explain abit about 2004/38/EC.
What shall I do now?
If you can demonstrate that your husband is currently self-employed, then he is living in the UK in accordance with the regulations and so are you. Therefore you cannot be removed from the UK as the letter had suggested.

Thank you dear, I can proof he is in UK and also submit his company certificate. So my question still remains,
Shall I resubmit or appeal?

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Urgent: EEA4 refused - enforce removal from UK

Urgent: EEA4 refused - enforce removal from UK