EEA2 Refusal

pewpewpew · Post by **pewpewpew** » Thu Oct 31, 2013 9:18 pm

My wives EEA application was refused, as they couldn't determine that I was sufficiently exercising my treaty rights.

I moved here on the 26th of Feb 2013, I'm "self-employed" in that I'm a director of my own company. I started the company on the 15th of April 2013.

I provided the following evidence:

1. Bank statements
2. HMRC Registration document.
3. A letter from my accountant.
4. Photocopies of Payslips.
5. Photocopies of invoices.

Reasons for refusal:

1. Photocopies could not be accepted and were automatically disregarded. I have to send originals.
1. The letter from my accountant alone wasn't sufficient evidence.
2. The HMRC registration document only proves that I'm registered and not economically active.
3. "Although you have provided bank statements for your EEA sponsor dated for the period <> we have been unable to establish whether the business is currently trading in the United Kingdom."

So, should we just reapply and provide more evidence? Is there any way to send them updated information now that they've made their decision?

I've spoken to my accountant and she's agreed to send me "original" payslips and invoices, and I've requested proof of NI contributions via the HMRC website.

My wife is currently employed... does she have to resign her job now that she has been refused?

Our documents have been "retained and the responsibility for your case has now been passed to your local immigration team." How do we get them back so that we can reapply?

Post by **Obie** » Thu Oct 31, 2013 9:44 pm

You have the right to appeal and seek reconsideration. You should exercise both or either.

They could give you your documents back but passport will not be returned if the person has no leave to remain.

pewpewpew · Post by **pewpewpew** » Thu Oct 31, 2013 10:02 pm

In the letter it further states "If you consider that you have a right to reside in the UK as a matter of EU law, and are in position to submit the necessary information to support your application for a residence card of that right, you may alternatively wish to submit a further application."

I'm assuming that "further application" was carefully worded to mean that I should just get the additional documentation, and submit an additional application? And that I do not have to submit a brand new application?

If I'm incorrect then wouldn't I be required to submit my passport again?

Imshzd · Post by **Imshzd** » Fri Nov 01, 2013 9:39 am

Did you submitted business bank statement OR personal bank statements?

pewpewpew · Post by **pewpewpew** » Fri Nov 01, 2013 9:41 am

[quote="Imshzd"]Did you submitted business bank statement OR personal bank statements?[/quote]

I believe that it was my personal bank statements. As a matter of course I'll submit both.

Imshzd · Post by **Imshzd** » Fri Nov 01, 2013 10:18 am

Sent them your business bank account along with the accountants letter.

ninkas · Post by **ninkas** » Fri Nov 01, 2013 4:41 pm

[quote="pewpewpew"]My wives EEA application was refused, as they couldn't determine that I was sufficiently exercising my treaty rights.

I moved here on the 26th of Feb 2013, I'm "self-employed" in that I'm a director of my own company. I started the company on the 15th of April 2013.

I provided the following evidence:

1. Bank statements
2. HMRC Registration document.
3. A letter from my accountant.
4. Photocopies of Payslips.
5. Photocopies of invoices.

Reasons for refusal:

1. Photocopies could not be accepted and were automatically disregarded. I have to send originals.
1. The letter from my accountant alone wasn't sufficient evidence.
2. The HMRC registration document only proves that I'm registered and not economically active.
3. "Although you have provided bank statements for your EEA sponsor dated for the period <> we have been unable to establish whether the business is currently trading in the United Kingdom."

I aaplied for RC for the husband of mine on 30.08.2013 via SELF EMPLOYED ROUTE.I'm a sole trader DO NOT HAVE ACCOUNTANT DO NOT HAVE BUSINESS BANK ACCOUNT although my bank account is advantage gold.As a proof of my status I sent as follows:
1.10 invoices and 9 bank statements - highlighted payments from clients
2.business cards
3.printout from my website
4.cover letter where I explained HOW I ADVERTISE-yell.com.yelp.co.uk gumtree,printout from my website
5.printout from my account with HMRC - tax return
6.email from HMRC confirming my tax return submission
7.letter from HMRC reminding me of the end of the tax year
8.NIC payslip and proof of payment
9.copy of the DD form for NIC - note -the DD hasn't been set yet !
My husband RC WAS GRANTED 0N 30.10.2013 AND WE RECEIVED IT TODAY.
In my humble opinion the most important thing IS TO PROVE THAT YOU ECONOMICALLY ACTIVE.So you need to explain how you advertise,what's the main activity of your company.Attach few invoices BUT ORIGINAL ONE-My have my logo on the top lol-and send bank statements which correspond with invoices.

Imshzd · Post by **Imshzd** » Fri Nov 01, 2013 5:41 pm

Company has a different entity,so you are require to open a business bank account on your companies name.

So as you are a sole director then you can take dividends from your company rather then wages.

If you want wages from your company then you have to register with HMRC for this purpose.

Best advise for you to reapply but before applying open a company business account.

Your personal bank account does not show your companies business activities.your personal bank account (gold or silver or permium) does not matter.

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