EEA2 REFUSAL. URGENT ADVICE NEEDED ON DIRECTION TO PROCEED!

[georgie]

Hi folks,

I applied for the RC in Feb.2013, as a married spouse of an EEA national (German). I have now received a refusal notice, dated 5th of August, received on the 8th of August, giving me 10 biz days to appeal or I clear out.

Their decision was mainly reached on the following; my application did not provide sufficient documentation that my wife was exercising her treaty rights as a self-employed EEA family member.

We provided 2 documents from the list, as application form required. A letter from our accountant and national insurance contribution bill & receipt. Which they say were both in excess of 4 months of our application. They also stated, they would have needed further evidence, bank statements, audited accounts, invoices. Extra ordinarily, that her business could not be found on internet search engines, thereby, no indication was given as to advertising material she used to generate work.(Occupation: Tailoring)

In the same letter, they've also mentioned it's of "concern to this department" that I'm an over-stayer of 9 years. Also, my brand new passport was not returned (I have read in other posts, that I should quote my previous case ID, in further application, which would locate my passports location).

At present, our circumstances have changed. My wife's business is literally small and market was slow, she makes & sells clothing and accessories on ebay, she also does a lot of cash in hand work on commission dresses which sometimes take a month to complete. I got my COA with right to work in March and found employment the very next day, so we didn't really have to sustain ourselves on her income, so she did less amount of work but we continued paying the tax man and sending figures to our accountant. She decided in May to return to University to pursue a one year post doc. which she'll begin in September 2013 with a full German scholarship granted. She will be based in Warwick, whilst I'll be based in Edinburgh.

Now in lieu of this information, 1. should we go ahead with an oral appeal, where I can provide limited amounts of paper work supporting her as self employed or should I reapply under the treaty of her being a student?
2. Is my years of overstaying an issue that would undermine my application? 3. If I choose the option to reapply, how long from now do I have until they take action to remove me? (I wouldn't want to rush into another application without all docs.) 4. If I appeal and it fails, can i then reapply? If I reapply and it fails, will I get an appeal? 5. Coincidentally, we are moving flats this weekend, so my address is to change, so can I still use correspondence from the old flat in a further application? 6. If we reapply as treaty rights of a student, would it work against us that she'll be living in student accommodation in Warwick, while I'll be home in Edinburgh?

I would greatly appreciate any form of productive answers to this queries as it's bugging us a great deal. So many doubts, so few answers to quench them. Under the circumstance, do you think legal representative is advisable? As I have to stop work from today, we don't have a great deal of cash to spend. It is placing a great deal of strain on our relationship as anyone can imagine, now that she has decided to return to academia and I have 4 degrees without a job. Without cash coming in, my wife is starting to list our wedding gifts online, it's a pretty sad state of affairs. We need help!

[askmeplz82]

Hi folks,

I applied for the RC in Feb.2013, as a married spouse of an EEA national (German). I have now received a refusal notice, dated 5th of August, received on the 8th of August, giving me 10 biz days to appeal or I clear out.

Their decision was mainly reached on the following; my application did not provide sufficient documentation that my wife was exercising her treaty rights as a self-employed EEA family member.

We provided 2 documents from the list, as application form required. A letter from our accountant and national insurance contribution bill & receipt. Which they say were both in excess of 4 months of our application. They also stated, they would have needed further evidence, bank statements, audited accounts, invoices. Extra ordinarily, that her business could not be found on internet search engines, thereby, no indication was given as to advertising material she used to generate work.(Occupation: Tailoring)

In the same letter, they've also mentioned it's of "concern to this department" that I'm an over-stayer of 9 years. Also, my brand new passport was not returned (I have read in other posts, that I should quote my previous case ID, in further application, which would locate my passports location).

At present, our circumstances have changed. My wife's business is literally small and market was slow, she makes & sells clothing and accessories on ebay, she also does a lot of cash in hand work on commission dresses which sometimes take a month to complete. I got my COA with right to work in March and found employment the very next day, so we didn't really have to sustain ourselves on her income, so she did less amount of work but we continued paying the tax man and sending figures to our accountant. She decided in May to return to University to pursue a one year post doc. which she'll begin in September 2013 with a full German scholarship granted. She will be based in Warwick, whilst I'll be based in Edinburgh.

Now in lieu of this information, 1. should we go ahead with an oral appeal, where I can provide limited amounts of paper work supporting her as self employed or should I reapply under the treaty of her being a student?
2. Is my years of overstaying an issue that would undermine my application? 3. If I choose the option to reapply, how long from now do I have until they take action to remove me? (I wouldn't want to rush into another application without all docs.) 4. If I appeal and it fails, can i then reapply? If I reapply and it fails, will I get an appeal? 5. Coincidentally, we are moving flats this weekend, so my address is to change, so can I still use correspondence from the old flat in a further application? 6. If we reapply as treaty rights of a student, would it work against us that she'll be living in student accommodation in Warwick, while I'll be home in Edinburgh?

I would greatly appreciate any form of productive answers to this queries as it's bugging us a great deal. So many doubts, so few answers to quench them. Under the circumstance, do you think legal representative is advisable? As I have to stop work from today, we don't have a great deal of cash to spend. It is placing a great deal of strain on our relationship as anyone can imagine, now that she has decided to return to academia and I have 4 degrees without a job. Without cash coming in, my wife is starting to list our wedding gifts online, it's a pretty sad state of affairs. We need help!

I may not know all the answer of your question

- no you will not be removed as long your wife exercising treaty right in the UK

- if you do apply when ur wife go back to UNI then you both need comprehensive insurance

-- How long you two married ? normally Home office expect couple living together after marriage ( am not saying everyday ) but live together 2/3 days in a week minimum

but if they are separated after lets say 1 year then it's not an issue

- I don't think UKBA suspecting it's shame marriage but they need more proof of your self employee

You know what even with NI contribution more then enough. If it goes to court the judge will be on your favour.

[georgie]

Hi folks,

I applied for the RC in Feb.2013, as a married spouse of an EEA national (German). I have now received a refusal notice, dated 5th of August, received on the 8th of August, giving me 10 biz days to appeal or I clear out.

Their decision was mainly reached on the following; my application did not provide sufficient documentation that my wife was exercising her treaty rights as a self-employed EEA family member.

We provided 2 documents from the list, as application form required. A letter from our accountant and national insurance contribution bill & receipt. Which they say were both in excess of 4 months of our application. They also stated, they would have needed further evidence, bank statements, audited accounts, invoices. Extra ordinarily, that her business could not be found on internet search engines, thereby, no indication was given as to advertising material she used to generate work.(Occupation: Tailoring)

In the same letter, they've also mentioned it's of "concern to this department" that I'm an over-stayer of 9 years. Also, my brand new passport was not returned (I have read in other posts, that I should quote my previous case ID, in further application, which would locate my passports location).

At present, our circumstances have changed. My wife's business is literally small and market was slow, she makes & sells clothing and accessories on ebay, she also does a lot of cash in hand work on commission dresses which sometimes take a month to complete. I got my COA with right to work in March and found employment the very next day, so we didn't really have to sustain ourselves on her income, so she did less amount of work but we continued paying the tax man and sending figures to our accountant. She decided in May to return to University to pursue a one year post doc. which she'll begin in September 2013 with a full German scholarship granted. She will be based in Warwick, whilst I'll be based in Edinburgh.

Now in lieu of this information, 1. should we go ahead with an oral appeal, where I can provide limited amounts of paper work supporting her as self employed or should I reapply under the treaty of her being a student?
2. Is my years of overstaying an issue that would undermine my application? 3. If I choose the option to reapply, how long from now do I have until they take action to remove me? (I wouldn't want to rush into another application without all docs.) 4. If I appeal and it fails, can i then reapply? If I reapply and it fails, will I get an appeal? 5. Coincidentally, we are moving flats this weekend, so my address is to change, so can I still use correspondence from the old flat in a further application? 6. If we reapply as treaty rights of a student, would it work against us that she'll be living in student accommodation in Warwick, while I'll be home in Edinburgh?

I would greatly appreciate any form of productive answers to this queries as it's bugging us a great deal. So many doubts, so few answers to quench them. Under the circumstance, do you think legal representative is advisable? As I have to stop work from today, we don't have a great deal of cash to spend. It is placing a great deal of strain on our relationship as anyone can imagine, now that she has decided to return to academia and I have 4 degrees without a job. Without cash coming in, my wife is starting to list our wedding gifts online, it's a pretty sad state of affairs. We need help!

I may not know all the answer of your question

- no you will not be removed as long your wife exercising treaty right in the UK

- if you do apply when ur wife go back to UNI then you both need comprehensive insurance

-- How long you two married ? normally Home office expect couple living together after marriage ( am not saying everyday ) but live together 2/3 days in a week minimum

but if they are separated after lets say 1 year then it's not an issue

- I don't think UKBA suspecting it's shame marriage but they need more proof of your self employee

You know what even with NI contribution more then enough. If it goes to court the judge will be on your favour.

@askmeplz82
Thanks for taking time to reply, highly appreciated indeed.

We showed bills of co-habiting for 2 years before marriage. We've now been married for 1 year and 2 months.

I have no issues paying for the insurance, however, I hope they wouldn't be thinking we are dubious characters after applying as self employed and now as a student. It was simply a case of change of circumstances.

If an appeal process fails, can we then make another fresh application or we'll be refused? Is an oral appeal held in Scotland where we live or in England? Does anyone know the time span from appeal application to hearing date?

[EUsmileWEallsmile]

Have you looked at this thread?

http://www.immigrationboards.com/viewtopic.php?t=105916

[askmeplz82]

Hi folks,

I applied for the RC in Feb.2013, as a married spouse of an EEA national (German). I have now received a refusal notice, dated 5th of August, received on the 8th of August, giving me 10 biz days to appeal or I clear out.

Their decision was mainly reached on the following; my application did not provide sufficient documentation that my wife was exercising her treaty rights as a self-employed EEA family member.

We provided 2 documents from the list, as application form required. A letter from our accountant and national insurance contribution bill & receipt. Which they say were both in excess of 4 months of our application. They also stated, they would have needed further evidence, bank statements, audited accounts, invoices. Extra ordinarily, that her business could not be found on internet search engines, thereby, no indication was given as to advertising material she used to generate work.(Occupation: Tailoring)

In the same letter, they've also mentioned it's of "concern to this department" that I'm an over-stayer of 9 years. Also, my brand new passport was not returned (I have read in other posts, that I should quote my previous case ID, in further application, which would locate my passports location).

At present, our circumstances have changed. My wife's business is literally small and market was slow, she makes & sells clothing and accessories on ebay, she also does a lot of cash in hand work on commission dresses which sometimes take a month to complete. I got my COA with right to work in March and found employment the very next day, so we didn't really have to sustain ourselves on her income, so she did less amount of work but we continued paying the tax man and sending figures to our accountant. She decided in May to return to University to pursue a one year post doc. which she'll begin in September 2013 with a full German scholarship granted. She will be based in Warwick, whilst I'll be based in Edinburgh.

Now in lieu of this information, 1. should we go ahead with an oral appeal, where I can provide limited amounts of paper work supporting her as self employed or should I reapply under the treaty of her being a student?
2. Is my years of overstaying an issue that would undermine my application? 3. If I choose the option to reapply, how long from now do I have until they take action to remove me? (I wouldn't want to rush into another application without all docs.) 4. If I appeal and it fails, can i then reapply? If I reapply and it fails, will I get an appeal? 5. Coincidentally, we are moving flats this weekend, so my address is to change, so can I still use correspondence from the old flat in a further application? 6. If we reapply as treaty rights of a student, would it work against us that she'll be living in student accommodation in Warwick, while I'll be home in Edinburgh?

I would greatly appreciate any form of productive answers to this queries as it's bugging us a great deal. So many doubts, so few answers to quench them. Under the circumstance, do you think legal representative is advisable? As I have to stop work from today, we don't have a great deal of cash to spend. It is placing a great deal of strain on our relationship as anyone can imagine, now that she has decided to return to academia and I have 4 degrees without a job. Without cash coming in, my wife is starting to list our wedding gifts online, it's a pretty sad state of affairs. We need help!

I may not know all the answer of your question

- no you will not be removed as long your wife exercising treaty right in the UK

- if you do apply when ur wife go back to UNI then you both need comprehensive insurance

-- How long you two married ? normally Home office expect couple living together after marriage ( am not saying everyday ) but live together 2/3 days in a week minimum

but if they are separated after lets say 1 year then it's not an issue

- I don't think UKBA suspecting it's shame marriage but they need more proof of your self employee

You know what even with NI contribution more then enough. If it goes to court the judge will be on your favour.

@askmeplz82
Thanks for taking time to reply, highly appreciated indeed.

We showed bills of co-habiting for 2 years before marriage. We've now been married for 1 year and 2 months.

I have no issues paying for the insurance, however, I hope they wouldn't be thinking we are dubious characters after applying as self employed and now as a student. It was simply a case of change of circumstances.

If an appeal process fails, can we then make another fresh application or we'll be refused? Is an oral appeal held in Scotland where we live or in England? Does anyone know the time span from appeal application to hearing date?

If i'm in your situation i will make a fresh application. Not suggesting you do that but just my opinion. may be other members have different opinion

Student with Sickness insurance ( comprehensive ) . all you need to show is she is studying and comprehensive insurance for both.

sometimes UKBA refuse the application saying they need more proof but as you said she is registered self employed, genuine marriage and living together i think you will WIN the case in the END.

[million111]

I got my application refused with right to appeal. Reasons that she is not a qualified person. They said I've submitted incomplete document about her self employment mentioning no evidence of payments to HMRC ,no letter confirming registration and bank statements showing payments that I produced only the online confirmation of self assessment registration printout and accountant letter. They didn't say anything about the original documents I submitted on the 20/06/13

I made an application for Residence Card EEA2 as a non-EEA national family member(Husband) of an EEA national.

My wife's self employment documents were sent as follows:

1, Online confirmation of self assessment registration printout and accountant letter went with the application on 22/01/13 .

2,Letter from HMRC confirming registration of self assessment ,HMRC request for payment of Class 2NI and statement of joint account showing payment of Class 2 NI from Sept 2012 to April 2013, statement of account showing income and payments and letter from HMRC requesting for completion of Tax Return. All these Documents (2) were not returned to me so I doubt if they saw it.

App sent:22/01/13
Received:23/01/13
COA received:22/02/13(dated 15/02/13) no work permitted.
More self employment documents 20/06/13.

Your advice on what to do is highly required Please. As they documents they mentioned is still with them.

[jamesadewale200]

@askmeplz82 are you sure if the case goes to an immigration judge,just with evidence of NI paid he will allow the appeal as I am in the same boat too, my application was refused even though I provided evidence of NI paid from 2010 to 2013 and also tax assessment statement from 2010 to 2011 and tax assessment 2011 to 2012 yet they still refused,I have appealed and sent invoices,tax documents,letter from hmrc confirming self employment and also provided with the SA302 for year 2010 to 2012 and the said the 2013 isn't ready yet. What do you think, do you think I have a chance to win the appeal.

[Ricardo]

@ Georgie, Ni contribution and accountant aren't enough. Did you supply bank statement, receipts and invoice, print out of eBay trading? Was the eBay account registered as business seller? If not, ill suggest you reapply using self sufficient with comprehensive sickness insurance. You we need to show enough funds in your account and that your EEA partner have access to that funds. It's easier to do this by opening joint account. Your previous immigration status isn't relevant to this case. You may not need a lawyer for this.

[Ricardo]

I got my application refused with right to appeal. Reasons that she is not a qualified person. They said I've submitted incomplete document about her self employment mentioning no evidence of payments to HMRC ,no letter confirming registration and bank statements showing payments that I produced only the online confirmation of self assessment registration printout and accountant letter. They didn't say anything about the original documents I submitted on the 20/06/13

I made an application for Residence Card EEA2 as a non-EEA national family member(Husband) of an EEA national.

My wife's self employment documents were sent as follows:

1, Online confirmation of self assessment registration printout and accountant letter went with the application on 22/01/13 .

2,Letter from HMRC confirming registration of self assessment ,HMRC request for payment of Class 2NI and statement of joint account showing payment of Class 2 NI from Sept 2012 to April 2013, statement of account showing income and payments and letter from HMRC requesting for completion of Tax Return. All these Documents (2) were not returned to me so I doubt if they saw it.

App sent:22/01/13
Received:23/01/13
COA received:22/02/13(dated 15/02/13) no work permitted.
More self employment documents 20/06/13.

Your advice on what to do is highly required Please. As they documents they mentioned is still with them.

It's better for you to start a new post so that members can comment separately

[Amebo]

I got my application refused with right to appeal. Reasons that she is not a qualified person. They said I've submitted incomplete document about her self employment mentioning no evidence of payments to HMRC ,no letter confirming registration and bank statements showing payments that I produced only the online confirmation of self assessment registration printout and accountant letter. They didn't say anything about the original documents I submitted on the 20/06/13

I made an application for Residence Card EEA2 as a non-EEA national family member(Husband) of an EEA national.

My wife's self employment documents were sent as follows:

1, Online confirmation of self assessment registration printout and accountant letter went with the application on 22/01/13 .

2,Letter from HMRC confirming registration of self assessment ,HMRC request for payment of Class 2NI and statement of joint account showing payment of Class 2 NI from Sept 2012 to April 2013, statement of account showing income and payments and letter from HMRC requesting for completion of Tax Return. All these Documents (2) were not returned to me so I doubt if they saw it.

App sent:22/01/13
Received:23/01/13
COA received:22/02/13(dated 15/02/13) no work permitted.
More self employment documents 20/06/13.

Your advice on what to do is highly required Please. As they documents they mentioned is still with them.

It's better for you to start a new post so that members can comment separately[/quote

Hello Ricardo, how was your trip? hope everything went well, and hope you have recieved your ROR from the HO.... Cheers

[askmeplz82]

@askmeplz82 are you sure if the case goes to an immigration judge,just with evidence of NI paid he will allow the appeal as I am in the same boat too, my application was refused even though I provided evidence of NI paid from 2010 to 2013 and also tax assessment statement from 2010 to 2011 and tax assessment 2011 to 2012 yet they still refused,I have appealed and sent invoices,tax documents,letter from hmrc confirming self employment and also provided with the SA302 for year 2010 to 2012 and the said the 2013 isn't ready yet. What do you think, do you think I have a chance to win the appeal.

it's so difficult to say : many people won the case even with just one proof ( NI contribution ) and other got rejected even with accountant letter, NI contribution and receipt.

I think it's all depend of case worker. some are very lazy to look at all the documents you submit with the application so they just refuse without looking everything properly

i read in many forum people got PR or ROR with only NATIONAL INSURANCE CONTRIBUTION letters from Inland Revenue and some rejected like you


please read here

http://www.immigrationboards.com/viewto ... highlight=

[georgie]

Thanks for all the replies folks. We've decided to appeal first, see how that pans out, however, I need a Barrister. Can anyone recommend a good immigration barrister that might have helped in their appeal case. Location: London or Scotland.