EEA Family Permit Refusal

[chiny4u]

Hello,

Please I need help. My husband's EEA Family Permit was refused on this ridiculous grounds :
A number of invoices have been provided from 11/06/15 until 31/10/15. The amounts received vary and are irregular with receipts not being shown in the provided bank statement. The documents do not demonstrate the income received from you wife's employment. The PET Potential Earning Threshold is £153 per week or £663 per month but it is unclear from the documentation if this has been met. I am therefore not satisfied that the employment is genuine and effective, and that your wife has been exercising treaty rights in accordance with regulation 9.

I provided my personal bank statement which is also serves as my business bank statement however, I did not highlight the sections where I received my self employment payments. I intend reapplying with the same documents and highlighting the payments received from my self employment activities. I have also received some payments by hand and deposited into my bank account so how can they say my self employment is not genuine?

[noajthan]

Hello,

Please I need help. My husband's EEA Family Permit was refused on this ridiculous grounds :
A number of invoices have been provided from 11/06/15 until 31/10/15. The amounts received vary and are irregular with receipts not being shown in the provided bank statement. The documents do not demonstrate the income received from you wife's employment. The PET Potential Earning Threshold is £153 per week or £663 per month but it is unclear from the documentation if this has been met. I am therefore not satisfied that the employment is genuine and effective, and that your wife has been exercising treaty rights in accordance with regulation 9.

I provided my personal bank statement which is also serves as my business bank statement however, I did not highlight the sections where I received my self employment payments. I intend reapplying with the same documents and highlighting the payments received from my self employment activities. I have also received some payments by hand and deposited into my bank account so how can they say my self employment is not genuine?

Do you also have any accounts, invoices, tax documents, evidence of NI/VAT payments & etc?


Failing that, if s/e really is marginal (as HO see it) there's other ways to exercise treaty rights...

- you could look at self-sufficient route but for that to fly you'd need CSI in place.

[Casa]

In addition to noajthan's questions, have you registered as self-employed with HMRC?

[chiny4u]

The EEA Family Permit is to enable visit to the UK as I am a British national currently exercising my treaty rights outside the UK. The ridiculous HO decision applies to EEA nationals already in the UK.

[chiny4u]

In addition to noajthan's questions, have you registered as self-employed with HMRC?

I am registered as self-employed in the country where I am exercising my treaty rights and the EEA family permit application is to enable my non EU spouse accompany me on a UK visit.

[noajthan]

In addition to noajthan's questions, have you registered as self-employed with HMRC?

I am registered as self-employed in the country where I am exercising my treaty rights and the EEA family permit application is to enable my non EU spouse accompany me on a UK visit.

I'm speechless. It seems bizarre if HO is applying a UK yardstick (PET threshold) to your economic activity in a.n.other EU country.

In your application did you make it clear you are both travelling to UK together?
(ie sponsor does not currently live there).

The sponsor (EEA national) only has to show they are a qualified person in UK if dependent family member is joining them in UK. It's different if arriving in UK together.

Did you also look at Gov UK website for FP in the context of SS?
See https://www.gov.uk/family-permit/surinder-singh
(although I do understand you are in the middle of your SS journey & not fully returning to UK just yet).

[noajthan]

I am registered as self-employed in the country where I am exercising my treaty rights and the EEA family permit application is to enable my non EU spouse accompany me on a UK visit.

Just came across this HO guidance that makes it clear a FP can be used for purpose of visiting UK:

Because EEA nationals have an initial three months right of residence in the UK, there is no requirement for the British national to be a qualified person on arrival. Therefore, an EEA family permit can be issued to the non-EEA national family member of a British national even if they are only visiting the UK with the British national before returning to the Member State where they are resident.

Ref: https://www.gov.uk/government/publicati ... ly-members