EEA2 residence card REFUSED as jobseeker-Reapply or appeal?

[Kcman]

I was wondering if you would be able to give advice on a matter of extreme urgency and I really hope I can get some feedback from this great forums.

I am the non EU spouse of an EU citizen. I got married to him on the 18th of Oct 2013. I was on a working visa valid till the 5th of April 2016. I applied for a residence card using a EEA2 form as my EU spouse is a job seeker on the 14th of Dec 2013, and I received COA on the 7th of Jan 2014. I started my new job in Feb 2014 which is not under any working visa anymore, because I been told once I get married to EU person, I have the right to work in UK. By the same time, my previous working visa is expired because I changed my employer. On 21st of Feb 2014, I got refused with right to appeal.

The documents we send in are:
1) passports
2) UK marriage certificate
3) our tenancy contract
4) Evidence of EEA nationals job seeker status:
-1*job seekers agreement dated 11 10 2013
-Letters from the department of work and pensions in relation to their job seekers allowance claim
-a CV
-1*degree certificate
-email print showing job applications.

The reason of refused: 1. I have not evidenced that your sponsor was in employment 12 months prior to becoming a job seeker. the CV provided shows that your sponsors last paid part time job ceased in Oct 2009. 2. it is acknowledged that your sponsor has been attending university since 2010 however the degree certificate provided shows that they graduated on 17,Jun 2013 in light of this your sponsor has been unemployed for more than 6 months and can therefore not qualify as a job seeker.

But actually, 1. he worked all the time before his university, not contumely, but in total way more than 12 months, and in his CV he just didn't put that much because the structure of CV what he feels better to show to the employer. 2. I sent my application out on 14 Dec 2013, so from he graduated 17 Jun 2013, he has been unemployed within 6 months. (although, now he is still unemployed, but should we looking back to the time when we made the application?)

I was considering reapplying as he is Self-sufficient instead of appealing against the rejection. Just wanted advice as to whether it is the right course of action I am contemplating.

So if I reapply as he is Self-sufficient, he's Self-sufficient based on my salary. My salary is our only income which the money is saving under my own bank account. And as I just got a new job this month, so I didn't have my 1st payslip yet until 7th Mar 2014. But I have all my previous payslips and contracts.

Please advise what should I do now, reapply or appeal?

if reapply as he is self sufficient, in my personally case, what kind of document should I send?

Thanks very much.

[askmeplz82]

Because you have VALID PERMIT still EEA can be self sufficient from your income

- EU national need to have unrestricted access to your funds ( Joint account for example )
- apply for Comprehensive health insurance for everyone including kids ( if you have )

[EUsmileWEallsmile]

Moved to correct forum section.

[Obie]

Please be mindful of AG and others (EEA-jobseeker- self -sufficient person-proof) Germany [2007] UKAIT 00075.

[Raj5]

Because you have VALID PERMIT still EEA can be self sufficient from your income

- EU national need to have unrestricted access to your funds ( Joint account for example )
- apply for Comprehensive health insurance for everyone including kids ( if you have )

The application of one of the person I know got refused on the ground that the EU national did not have £40000 in her account. The application was made on the basis of self-sufficiency. So they require such a high amount to prove self-sufficiency?