EEA2 rejected (no proof of income)

So... today our EEA2 was rejected. I'm a Danish citizen on disability/pension, and my wife is American citizen. We got married in Denmark last October, and moved to the UK in January. Due to problems when we entered the UK in January, she only got a 6 months visitors visa, which is why we applied with the EEA2. We got all the Danish documents translated, AXA health-insurance etc.

#1
They say it got refused because I failed to provide any evidence that I am in receipt of my funds while residing in the UK (which I do receive). They go on to say that their department would require UK Bank Statements etc. to show that I am receiving the money whilst in the UK.
We got a form IAFT-1 together with the rejection to make an appeal.

So... what do we do now? I transfer the money from my Danish bank-account manually to my UK bank-account each month because it's free and fast compared to having my government transfer it directly to my UK account, but I guess they could see that as coming from anywhere and not accept it?

#2
It also says on there that the document has a date for her to leave the country by, but there is none. We have 10 days to appeal, but then what? Does she have to leave the country? Can she automatically stay until the appeal is processed?

Should we get a lawyer?

The HO uses a standard wording on refusals (advicig to leave the country etc). Don't get worried by that. She will not need to leave the country. You do however need to deal with the refusal.

You can either write back to the caseworker who refused the application and ask for reconsideration or appeal (or do both).

The reason for the refusal is not supported by the legislation. There is no legal requirement for you to have the funds in the UK. You need to have access to the money while in the UK but the funds can be abroad.

Jambo wrote:The HO uses a standard wording on refusals (advicig to leave the country etc). Don't get worried by that. She will not need to leave the country. You do however need to deal with the refusal.

You can either write back to the caseworker who refused the application and ask for reconsideration or appeal (or do both).

The reason for the refusal is not supported by the legislation. There is no legal requirement for you to have the funds in the UK. You need to have access to the money while in the UK but the funds can be abroad.

So... all that goes even when the notice says that:

"You do not have basis of stay in the United Kingdom under the Immigration (European Economic Area) Regulations 2006.

As you appear to have no alternative basis of stay in the United Kingdom you should now make arrangements to leave. If you fail to make a voluntary departure a separate decision may be made at a later date to enforce your removal from the United Kingdom. Any such decision and associated appeal right would be notified separately"

I'm just worried that this will end badly. We've had so much bad luck with paperwork permitting her to stay with me in the EU, so I want to make darn sure that we do it right.

Do not be panic as applying EEA2 RC is a mere confirmation of non-EU's national right of residence and is optional. Although there is no guideline that where funds actually need to be held locally/abroad but still as precaution if as you said transfer is free then you can transfer some sum of money into UK account. you can apply reconsideration and/or appeal, fresh application. Your non-eu partner won't need to leave.

fromdenmark wrote:

Jambo wrote:The HO uses a standard wording on refusals (advicig to leave the country etc). Don't get worried by that. She will not need to leave the country. You do however need to deal with the refusal.

You can either write back to the caseworker who refused the application and ask for reconsideration or appeal (or do both).

The reason for the refusal is not supported by the legislation. There is no legal requirement for you to have the funds in the UK. You need to have access to the money while in the UK but the funds can be abroad.

So... all that goes even when the notice says that:

"You do not have basis of stay in the United Kingdom under the Immigration (European Economic Area) Regulations 2006.

As you appear to have no alternative basis of stay in the United Kingdom you should now make arrangements to leave. If you fail to make a voluntary departure a separate decision may be made at a later date to enforce your removal from the United Kingdom. Any such decision and associated appeal right would be notified separately"

I'm just worried that this will end badly. We've had so much bad luck with paperwork permitting her to stay with me in the EU, so I want to make darn sure that we do it right.

"You appear", "you should", "decision may" - not very strong statements. Just ignore them (but not the refusal).

It is very easy for EEA nationals and their family members to meet the requirements to reside in the EU. It's almost impossible to deport such a person.

Thank you Jambo and sheraz7.

I just got off the phone with Home Office, but that wasn't much help as he just said I could only do what it said in the letters, which is appeal or send a new application, at least that's what I think it says (you may alternatively wish to submit a further application). Does that mean that I cannot submit a reconsideration form?

I've also been trying to find contact information for the case worker, but so far no luck. Any suggestions on how I do that?

I would like to avoid sending the appeal, solely to save the £80/£140 it costs, but I will of course do that if it is needed?!

So I just called a different number (0845 010 5200 + 1 + 2 + 2) and got to talk to someone after a looooong wait. He pretty much confirmed what you have been saying. We have a right to stay here, and don't worry.

He said I could still send a reconsideration letter (which is just a letter I write and the added documents), but he also said that it might take as long to get a response as if I send a new form. He still said that he would probably just send a reconsideration letter, and if that is denied, send a new form and really look at the evidence we submit.

So... for the reconsideration letter I guess I just write a letter asking them to reconsider, pointing out that it was refused because of the lack of evidence that I get my funds while living in the UK, and then some bank-account printouts of me getting the funds for say the last 6 months while I've been living here?

I think reconsideration is quicker than fresh application which goes to the beginning of the queue.

The refusal letter should be signed with a number or a set of numbers ( EO5 / LNC 21 ). Those would indicate the team (I think). Address the reconsideration request to them and also provide the applicant details (name, DOB, address, passport number) so they can link the letter to the application and send it to the relevant team.

I presume you have some funds available to you in the UK to live off. Just show evidence of those funds. If you withdraw money directly from Denmark, then you show that. As I said, they can't refuse the application because the funds are not in the UK but they would like to see what you are living off.

Sounds good to me. I'll do the reconsideration.

Yes I have that number thank you, and I will list all the details for her and me just to be safe. I presume I don't send any of the old documents, just the new ones that they need?

Btw... what is best as proof of the bank-statements? Printouts of screenshots or other stuff? I can download an Excel file with all the account-activity and save it as a pdf and print it, but that is pretty much just numbers and not really useable I would think.

Any idea if I need more official documents than screenshots from my ebanking account?