EEA2 refusal

[albechan]

Dear all, I would like to have an opinion about my situation.
I'm Italian and my wife has been denied the RC on the basis that there's no proof of self-sufficiency of the EU family member from my personal bank account statement that we attached (we applied stating that I'm exercising treaty rights as a self-sufficient person).
That is very unfair to me, because in the application we attached both statements from my and my wife's accounts and collectively they provided us more than enough funds to carry on for quite a few months.
What UKBA did, though was considering only the total of my personal account.
Now we have two options: 1) to appeal the decision, 2) to apply again.
What I can prove, if their issue is to find out if I am self-sufficient or not, is that before the application date I transferred some money from my Italian bank account into my wife's Italian bank account and, subsequently, she transferred money from her Italian bank into her English bank. So the source of those funds that they didn't consider came from my side (as proof of self-sufficiency).
I don't understand their way to look at things: I and my wife treat our respective bank accounts as a share property. It shouldn't make any difference which bank account has enough funds as long as collectively they provide us the necessary resources not to be a burden on the social assistance system.
Do you think that's a sound enough reason to proceed with an appeal or better to apply again from scratch simply moving some more funds into my English bank account?
Thank you so much!

[sheraz7]

What UKBA did, though was considering only the total of my personal account.
I don't understand their way to look at things: I and my wife treat our respective bank accounts as a share property. It shouldn't make any difference which bank account has enough funds as long as collectively they provide us the necessary resources not to be a burden on the social assistance system.

When an EEA national is self sufficient then most importantly the caseworker willing to examine that how the funds are available/accessible to EEA national especially when EEA national is self sufficient on the income/saving of non-eea national. It can easily be justified either with the regular transfer of funds from non-eu national's account to eu national account or maintaining joint account.

[albechan]

Thank you so much Sheraz!
Do you think it's better to appeal the decision and move some funds to my account (EU national) or proceed with a new application from scratch?

What UKBA did, though was considering only the total of my personal account.
I don't understand their way to look at things: I and my wife treat our respective bank accounts as a share property. It shouldn't make any difference which bank account has enough funds as long as collectively they provide us the necessary resources not to be a burden on the social assistance system.

When an EEA national is self sufficient then most importantly the caseworker willing to examine that how the funds are available/accessible to EEA national especially when EEA national is self sufficient on the income/saving of non-eea national. It can easily be justified either with the regular transfer of funds from non-eu national's account to eu national account or maintaining joint account.

[sheraz7]

Transferring funds is a good idea and there is no fixed amount of funds for becoming self sufficient as long as the family is not burden on public resources. Making a new application will consume again 6/6+ months and appeal maybe quicker.

[albechan]

Transferring funds is a good idea and there is no fixed amount of funds for becoming self sufficient as long as the family is not burden on public resources. Making a new application will consume again 6/6+ months and appeal maybe quicker.

Lovely! Thank you so much for your kindness!

[nanny]

[quote="sheraz7"][quote="albechan"]
What UKBA did, though was considering only the total of my personal account.
I don't understand their way to look at things: I and my wife treat our respective bank accounts as a share property. It shouldn't make any difference which bank account has enough funds as long as collectively they provide us the necessary resources not to be a burden on the social assistance system.
[/quote]

When an EEA national is self sufficient then most importantly the caseworker willing to examine that how the funds are available/accessible to EEA national especially when EEA national is self sufficient on the income/saving of non-eea national. It can easily be justified either with the regular transfer of funds from non-eu national's account to eu national account or maintaining joint account.[/quote]

Hello shiraz i have a simular problem my husband is self sufficient i am the non eea national but i dont have a bank account and when we went to the bank the bank ask for my passport to prove that i have the right to be in the uk so my husband could add me to his existing account so we could not do that because ukba hold on to my passport the first time i apply last year so i have no proof that i had access to my husband bank account and we apply as self sufficient so does that mean i will get turn down also. ho my god again.. may god be with me.

[sheraz7]

Hello shiraz i have a simular problem my husband is self sufficient i am the non eea national but i dont have a bank account

If your EU national husband has the same resources as you mentioned earlier in your thread at below then it must meet the self sufficiency criteria.

http://www.immigrationboards.com/viewto ... ht=#772112