EEA4 Refused

[ecogle]

Dear Gurus,

I have applied EEA4 on 11th of July 2013. Today I have received a refusal letter with right to appeal from UKBA. In refusal letter it says that I have mentioned my EEA partner worked last 5 years as self employed. I never said like that in my application. She started her own work from Jan 13 on wards. I know that she has not worked all 5 years due to her medical problems and various courses. I have sent all the refusal letters we have at the moment, medical letters from NHS about health. on top of that I wrote personal letter to the case worker about the situation. It looks that they have not properly gone through my file. I clearly know that there are some grounds they can refuse but it looks completely different. Please let me know the chances of appeal? which method will be effective, Hearing or Paper?.
Please guide me.

Ecogle

[askmeplz82]

Dear Gurus,

I have applied EEA4 on 11th of July 2013. Today I have received a refusal letter with right to appeal from UKBA. In refusal letter it says that I have mentioned my EEA partner worked last 5 years as self employed. I never said like that in my application. She started her own work from Jan 13 on wards. I know that she has not worked all 5 years due to her medical problems and various courses. I have sent all the refusal letters we have at the moment, medical letters from NHS about health. on top of that I wrote personal letter to the case worker about the situation. It looks that they have not properly gone through my file. I clearly know that there are some grounds they can refuse but it looks completely different. Please let me know the chances of appeal? which method will be effective, Hearing or Paper?.
Please guide me.

Ecogle

You need to tell us bit more about your EEA family member exercise treaty right for 5 years

[ecogle]

2008 - 2009 - Job search + Medical Grounds + Par time courses
2009 - 2012+ Job search + Medical grounds + part time course + (2011-12 PART TIME WORK)
)
2013 - Till now - Self employed.

But the refusal based on 5 years as self employed person.

They have sent appeal forms as well. I dont know where to go?

[ecogle]

Dear All,

Just want to know to go for appeal?

My questions are why they have said she worked 5 years as self employed person.

Why they have not seen , refusal letter for job serch.

Why they have not consider the medical conditions of the EEA member.

On these ground I would like to go for appeal.

Please advise me

[Obie]

That the decision breaches your right under the treaty as family member of a community national. That it breaches your convention right.

When she was a student, did you hold a medical insurance, either one issued in the UK from private provider or from her country of Origin.

[ecogle]

I don't have insurance while she was a student, because she were searching for the jobs meanwhile. They have mentioned as a result of this decision I do not have to leave the country as I have valid leave in the country. If they mentioned some periods of the last 5 years she has not followed treaty rights, I would be happy but they totally no agreed about her job searches. They also said they have considered the following documents

P60 2009 - My self
P60 2010 - My self
P60 2012 - EEA family member, they got confused with my p60 with her.

I am not sure weather I can go for appeal. If any body appealed before I would like to know there experience. I do not want to hire a legal representative which is expansive option, but same time I am not sure I am allowed to explain the thins on my own.

If the tribunal also refused what are my next steps or how long I need to wait to apply for PR, because I am not how many years they have considered that my partner exercised treaty rights.

[ecogle]

Hello Gurus,

How to make complaints instead of going for appeal. Any contact information? I have already sent email to Marari clarke but got an automated response.

Many thanks

[Obie]

Not sure complaint covers this, when you have a right of appeal. If you think the decision maker got it wrong, you could ask for reconsideration (which is sometimes considered) or pursue an appeal.

I have responded to your PM aswell.

[ecogle]

Hi Obie,

I am thinking of filing new application instead of appeal. This is mainly due to time frame more than 6 months to get hearing. I have worked the time frame as below

August 2008 - May 2009 - Job search

May 2009 - June 2012 - Student + Job search

July 2011 - November 2012 - Part time employed + Student + Job search

December 2013 - On going - Self employed person.

Please note during her student status, she don't have CSI.

Please advise me any grounds I can file fresh application towards success.

[Imshzd]

Hi Obie,

I am thinking of filing new application instead of appeal. This is mainly due to time frame more than 6 months to get hearing. I have worked the time frame as below

August 2008 - May 2009 - Job search

Proofs.i.e,CV etc,interview letters,refusals etc.

May 2009 - June 2012 - Student + Job search

You have to provide private health insurance of this period as EEA national was a student.

July 2011 - November 2012 - Part time employed + Student + Job search

You are require to show just part time employment.nothing else(student/job search)

December 2013 - On going - Self employed person.

Self employment documents.

Please note during her student status, she don't have CSI.

Please advise me any grounds I can file fresh application towards success.

Now as you already informed HO that your EEA national sponcer was a student,so you don't have any option except to provide CSI.

[ecogle]

Ya! I have sent the same files but they refused based on 5 years worked as self employed person. I am not sure where they got those information. Its really surprise for us about work from Home office. We need good service for what we are paying. I am not sure they have properly gone through the files I have given.

[ecogle]

Dear All,

I have applied 2 times for EEA4 and got refused due to insufficient evidence of treaty rights.

From To Treaty rights Months
31/07/2008 31/10/2010 Settling period 3
01/11/2008 30/06/2009 Job seeker 8
01/07/2009 23/06/2010 Student 12
09/09/2010 30/06/2011 Student & Job Seeker 10
01/07/2011 30/11/2012 Employed 17
01/01/2013 31/08/2014 Self Employed&Student 20
Total 70

My wife eea national had German based health insurance card valid until 12/11, which I don't know earlier. I have found that card recently and try to use it somewhere it can help.

For the first 11 months including settlement period, I have around 20 refusal letter from various employers
On top of that I have bought insurance from UK provider covering from July 2009 to June 2010 - Student
From September 10 to June 2011 again student and jobseeker - Can I use the German Card which was valid until 12/11?
For the employed period, I have payslips, P60 and P45 which was accepted by Home office earlier, even though it was part time.
From 01/13 - till date, I have tax return from 12/13, small earnings NIC excemption certificate, bank statements and Invoices.
From Dec 13 - Nov14 - She also active as student and got proper Health insurance cover from WPA.

Please let me know what will be the chances of getting PR, because my Residence permit is going to expire in Oct14.

Regards
Ecogle