Post
by MissIshMish » Thu Apr 18, 2013 6:52 pm
I, a September applicant, received my documents back today. I have been DENIED because my EEA husband is UNQUALIFIED as he was refused a Registration Certificate as he "failed to provide sufficient evidence that" he is exercising his Treaty rights. Futhermore, I have been asked to make arrangements to leave the UK voluntarily or my departure will be enforced. In the actual words, "if you fail to make a voluntary departure a separate decision will be made to enforce your removal from the UK."
My husband is allowed to appeal and is told he has no requirement to leave the UK. My letter states that I have "no further basis of stay in the UK." I am absolutely upset and in shock. Countless hours spent with UKBA, the MP, our embassies, and Solvit came to our aid. As promised they got us an answer in under two weeks. Now because the UKBA went beyond their time limit (in which my Tier 1 Post Study Visa expired), I have to leave and I am told I can re-apply outside the UK for my Residence Card.
This is beyond mad as I have been living in the UK since 2006. I graduated from university here, got a job, paid taxes, held a Post-Study visa, got married to an EEA national, and am now refused a Residence Card because of my partner's Registration Certificate refusal. Not only that, we re-submitted our applications in September because the UKBA requested additional evidence (Marketing proof of my husband's photography business, client testimonials, official invoices and letter from accountant). Now they said the reason they refused him is because they now say they require an OFFICIAL BUSINESS BANK ACCOUNT and decided that the amount of income he made was not sufficient to support the both of us. What is even the sufficient amount of income when he brings in a great amount every month?
Furthermore, they had his bank statements and made no qualms about it when it wasn't an official business bank account. They could have asked and made this request before my visa expired. Our friend, a solicitor, reviewed the reasons for refusal and said it is ridiculous because the UKBA has no specific guideline as to how much of a monthly income an EEA National should make to exercise their Treaty rights.
He advised that I carry our marriage certificate, all papers from our applications, whenever I travel because I have my wedding celebrations in August. He said applying for an appeal now will take ages and that we can go along with the appeal that the decision was not made in accordance with the law. In all honesty, we will not even bother to do so as now we are planning to move back to the USA or elsewhere.
Will keep you all updated as now Lithuania Solvit is helping us to find an alternative solution rather than making an appeal. Our caseworker is a blessing as he has been e-mailing back and forth for scans of our papers and contacted UK Solvit. The fact that the UKBA is asking me to leave is a violation of human rights as they are separating my family.