Urgent: EEA4 refused - enforce removal from UK

[Obie]

Two things need to be resolved here.

Firstly UKBA is a very incompetent department, and they write a standard refusal letter to everyone regardless of the Circumstance, asking them to leave the UK. So i will not take much notice of their warning. In an ideal world,they should look at whether or not you qualify for a right of residence, which i believe you do.

The other issue is the refusal of right of Permanent residence,which i believe may be unjustified.

Without much information it is difficult to assess.

I believe you have a right of residence. Are you in possession of Bank Statement,company Invoice, Tax returns and business premesis information to supply as evidence of Self employment.

With UKBA i dont take any chances, therefore i will advice to apply and appeal.

[EUsmileWEallsmile]

To jo-mo, if you are concerned about your status, I would suggest you provide evidence to UKBA that your husband is currently exercising treaty rights, that you require a residence card confirming this and that you require your passport back (presumably this has been retained).

To qualify for a permanent residence card, you would need to demonstrate that you lived in the UK for five years in accordance with the regulations. It might be easier, if your husband applied for a permanent residence certificate (EEA3) in his own right first. Once that is accepted, it should be pretty simple for your EEA4 to succeed.

[jo-mo]

Happy New Year,
Just wanted to update. I had sent before Christmas a letter to case worker and ask him to reconsider. With the letter I attached additional documents like my husband job activities - job searching sending/receiving emails and his NI payments.
+ a letter from his accountant.
I hope this would be enough to get ILR.

[jo-mo]

My worry is if I get another refusal what shall I do? shall I resubmit eea2 or eea4? or they might enforce me to leave?

[ravii]

Jo mo,don't predict.just chill out and wait until further ukba response.

[Directive/2004/38/EC]

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.

It is worth reading this very carefully.

It is very difficult for the EU citizen to be expelled, and (for the cost of a little health insurance) almost impossible for the non-EU family member to be expelled without the EU citizen.

[EUsmileWEallsmile]

It is very difficult for the EU citizen to be expelled, and (for the cost of a little health insurance) almost impossible for the non-EU family member to be expelled without the EU citizen.

Just a point of clarification to avoid any confusion. Self-emplyed persons do not require health insurance. Self-sufficinent persons do.

The general point is that it is difficult for EU nationals and their genuine family members to be removed from another member state.

Demonstrate that you are married to an EU national living in the UK in accordance with the regs (generally worker (inc self-employed), student, self-sufficinent) and you will not be removed.

[jo-mo]

I did provide first time with EEA4 application both our marriage certificate and tenancy agreements for the 5 years.
This time I submitted his job application send/receive emails as well.

Does the job submit correspondence considered as a proof for being job seeker (exercising treaty rights) ?

[EUsmileWEallsmile]

I did provide first time with EEA4 application both our marriage certificate and tenancy agreements for the 5 years.
This time I submitted his job application send/receive emails as well.

Does the job submit correspondence considered as a proof for being job seeker (exercising treaty rights) ?

Jo-mo. Is your husband currently working as a self-employed person? I'd understood that he was. Did you provide evidence of this when you applied? If this is the case, you would be entitled to a residence card now and all the statements about needing to leave the UK go away. If so, write back to them and stating this and ask for a new residence card and return of your passport. That would sort you out for now.

You may have some trouble proving that your husband was living in the UK in accordance with the regulations for five-years and hence entitled to Permanent Residence, but to my mind, this is a secondary issue for you and can be dealt with later. Your husband can apply for permanent residence whenever he wishes with whatever evidence he has. This can be separate to your application.

[spike_UK]

My worry is if I get another refusal what shall I do? shall I resubmit eea2 or eea4? or they might enforce me to leave?

Hi, happy new year.
First of all you should calm down and don't think about removal, by EU regulations EEA4 is only optional, second I want to ask you, where exactly says about removal? if is on the back of the page or on the second page, then is normal they automatically send it out when you get a refusal letter, I had the same when my EEA4 was refused back on August and I still have my RC, so just wait for good news rather than been frustrated about removal,,,,there is no removal.

[Vinnie21]

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.

does ur partner has permanent residency

[Vinnie21]

Does ur partner has permanent residency ?

[jo-mo]

Thank you for your comments/feedbacks and advice.
My worry is that my RC ran out on 23/10/2012 while my EEA4 was in process. After HO returned all the docs with my passport, I sent them back a letter along with my passport + new docs.

This time I did not re-submit EEA4 form, just asked the case worker to reconsider. So am I now considered an over stayer?
Do you know how long I shall I for HO response?

More over, my employer asked for my valid visa today, which I could provide them with the receipt of EEA4. Is that ok?

As far as I know my employer will contact HO about my stay. In your opinion could my employer sack me for not having a valid visa?

Thank you in advance.

[jo-mo]

Does ur partner has permanent residency ?

He is an EEA national.

[jo-mo]

My worry is if I get another refusal what shall I do? shall I resubmit eea2 or eea4? or they might enforce me to leave?

Hi, happy new year.
First of all you should calm down and don't think about removal, by EU regulations EEA4 is only optional, second I want to ask you, where exactly says about removal? if is on the back of the page or on the second page, then is normal they automatically send it out when you get a refusal letter, I had the same when my EEA4 was refused back on August and I still have my RC, so just wait for good news rather than been frustrated about removal,,,,there is no removal.

If I understand you correctly you did appeal and won, right? Do you think it would have been better if I had appealed instead of sending them additional dos?

[Vinnie21]

Get a lawyer and proper action uk border agency does not know what they are doing last time they made a mess of my wife application I picked up they made a mistake she reaply and given permanent residency now she's British citizen which makes her dual nationality and now is my turn to apply who's knows what they are going to say my kids are British my wife is British but home office they have no clue what they are doing is the same with an insurance for ur ...but yea appeal u will get it

[spike_UK]

My worry is if I get another refusal what shall I do? shall I resubmit eea2 or eea4? or they might enforce me to leave?

Hi, happy new year.
First of all you should calm down and don't think about removal, by EU regulations EEA4 is only optional, second I want to ask you, where exactly says about removal? if is on the back of the page or on the second page, then is normal they automatically send it out when you get a refusal letter, I had the same when my EEA4 was refused back on August and I still have my RC, so just wait for good news rather than been frustrated about removal,,,,there is no removal.

If I understand you correctly you did appeal and won, right? Do you think it would have been better if I had appealed instead of sending them additional dos?

Hi, yes I had appeal but HO are cheeky, the day before appeal and also at appeal at front of Judge HO Rep admitted that they have made a wrong decision and by doing that, they bought themselves more time and asked me to send documents again rather than stick to their decision and judge make decision, so I would recommend you to appeal not to send more documents and they will take another 6 months!!
Good luck.

[Vinnie21]

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.

absolutely nonsense get a good lawyer appeal on the grounds off eto pain marriage right of family rights and human rights they have no choice but to issue the residency nothing to with job seekers allowance it's based on relationship faith ur partner they may feel that it's not a genuine marriage lots of things have change in 2012 lots of laws have come into force because of government policy ro reduce immigration and they are already worried abt Rumania and Bulgaria so they will refuse even if u done anything right so yeah appeal quickly

[jo-mo]

Now 5 months passed and no news.
When I call they say write a letter.
Any advice with the format?

[Directive/2004/38/EC]

Now 5 months passed and no news.
When I call they say write a letter.
Any advice with the format?

The letter should be very simple and straight forward. Facts. Keep a copy of everything