EEA3/4 refusal, Appeal vs Apply again vs Reconsideration

[sylionheart]

Hi everyone,
I am new to this website. I hope you can advise me.

We applied for EEA3 and 4 about two months ago and got refusal.
Reason:
We have not provided sufficient evidence to demonstrate that my wife has been economically active in the United Kingdom as a self-employed person. We have failed to submit any evidence of work carried out such as recent invoices and statements, audited accounts, business bank statements clearly showing payments received or any advertisements that may generate work.


Before submission, we checked section 11 (documents) of EEA3 and EE4 applications. Both applications stated “For time spent in self-employment: this can include evidence to show your EEA national family member is self-employed, e.g. a lease on business premises, HM Revenue & Customs (HMRC) self-assessment forms, business bank statements, accountants letter, invoices or receipts or National Insurance contributions.”.

We assumed that single evidence would be sufficient. We sent only Tax returns.

Now she has paid NI contributions since start. She has all invoices and an accountant letters.


I am not sure why the casework did not ask for more evidences. Anyway, what shall I do?
1. Appeal (it can take long time)
2. Apply again and send all documents (We need to send our passports away again)
3. Reconsideration letter (They don’t accept it according to this document https://www.gov.uk/government/uploads/s ... .0_EXT.pdf )


Thanks for help

[sylionheart]

I wonder if anyone has any advice! Thanks

[uk2005]

Send reconsidertion with new evidence it should be fine quicker than appeal

[slough_Boy]

Hi everyone,
I am new to this website. I hope you can advise me.

We applied for EEA3 and 4 about two months ago and got refusal.
Reason:
We have not provided sufficient evidence to demonstrate that my wife has been economically active in the United Kingdom as a self-employed person. We have failed to submit any evidence of work carried out such as recent invoices and statements, audited accounts, business bank statements clearly showing payments received or any advertisements that may generate work.


Before submission, we checked section 11 (documents) of EEA3 and EE4 applications. Both applications stated “For time spent in self-employment: this can include evidence to show your EEA national family member is self-employed, e.g. a lease on business premises, HM Revenue & Customs (HMRC) self-assessment forms, business bank statements, accountants letter, invoices or receipts or National Insurance contributions.”.

We assumed that single evidence would be sufficient. We sent only Tax returns.

Now she has paid NI contributions since start. She has all invoices and an accountant letters.


I am not sure why the casework did not ask for more evidences. Anyway, what shall I do?
1. Appeal (it can take long time)
2. Apply again and send all documents (We need to send our passports away again)
3. Reconsideration letter (They don’t accept it according to this document https://www.gov.uk/government/uploads/s ... .0_EXT.pdf )


Thanks for help

I would say " Fresh Application" - reply with all evidences.

[sylionheart]

Thanks uk2005 and slough_Boy.
Different advices make me more unsure of what I should do.

Thanks anyway.

[rosebead]

Ask for a reconsideration first, as that should take no longer than a few weeks, usually anyway, although very occasionally they take longer. If your reconsideration is refused, then re-apply - you will have lost only a few weeks

[sylionheart]

Thanks all for reply

Just an update
Case worker refused to reconsider my application.

She asked me to submit a new application.

I wonder whether or not I should re-apply and send new applications directly to the same case worker rather than send it to Durham Office. Is that allowed?

Thanks

[uk2005]

Did you enclose additional evidence e.g invoice,accounted latter etc?
What case worker excetley said?

[sylionheart]

Yes I did send invoices, NI contributions, accountant letter.

Below is what case worker wrote:
Decision can only be reversed where it is clear that the original decision was not taken in line with the prevailing policy and immigration law at the time decision was reached. The onus is on applicants to demonstrate that they satisfy the statutory requirements.
I have reviewed the consideration given to your application and the decision made on it and I am satisfied that the correct procedures were followed and the correct decision was taken to refuse. There are no grounds for reconsideration of the application. Please submit a new application with sufficient evidence for consideration.

[uk2005]

This case worker is new as far as tou meet requirement she should issue you PR same things happen to me i got my RC you car try her senior if you want to or make fresh application quicker than appeal.