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Hello,

today I have received a letter from HO UKBA with a REFUSAL TO ISSUE A RESIDENCE CARD (No Further Basis of Stay in the UK) which says that my EEA family member has failed to provide evidence that they are a qualified person.

Then I am asked to leave the UK. Also it says that I am entitled to appeal against this. It also says that I may alternatively wish to submit a further application if I am in a position to submit the necessary information to support my application. Which brings me to the story.

In the 'REASONS FOR REFUSAL LETTER' it says that they wrote to me requesting information on 9 January. I HAVE NOT RECEIVED THAT REQUEST.
I have applied on 9 August. And my husband's studies ended on 21 September. They asking to provide evidence whether he's exercising his treaty rights in another capacity.
Also, they need proof of temporary residency and UK bank account.

And all of this they have requested in letter from 9 January, giving time to provide information until 30 January. Which I have never received.

I believe that there's no grounds for making an appeal on this decision since I have not been given an opportunity to provide evidence to complete my application upon request because I have not received the initial request letter from UKBA on 9 January. I'm going to write to them asking to send me the request letter again and give me the same amount of time to provide the necessary evidence. Do you think I have a chance with this?

Also, I don't quite understand the part of 'no further basis of stay'. Doesn't being a family member of a EEA national provide that regardless? We were married in this county.

And, about submitting treaty evidence.
My husband had officially finished uni in September, however was still working on graduation projects for a month or so until the initial graduation. He's a filmmaker, and currently outside of UK working on a project. He's had few projects back in December in UK, but he's not permanently employed anywhere in UK, he doesn't claim any benefits, and at the moment his family helps him with fundings. What kind of evidence and grounds can we submit with application?

I would very much appreciate any comment, suggestion and advise.
Many thanks.

As your husband was a student, you need need CSI and proof of funds to make a successful application for residence card.

I do not think UKBA will agree to your idea of sending the requested information again.

If you can demonstrate proof of self sufficiency, you will need to have a private family health insurance cover, you can proceed to making a new application.

Without your husband being self sufficient, employed, self employed and or studying and as well satisfying the requirements of being a student under the directive the home office might be right about the no further basis of stay.

Do you think you can meet any of the requirements?

Appeal

Thats they only way to go ahead

Resubmission will waste your time and lead to another rejection

you have to appeal

He is no longer a student.

I have submitted proof of funds. They weren't satisfied with it because it wasn't a UK bank.

They sent a request which I haven't received. If I had received it, I would've answered them and a different decision could've been made. Only asking to have a fair chance.

Is there a definition of a self-sufficiency and self-employment? What about seeking for jobs?

Jobseeker is fine for EU Spouse

[quote="fatefull"]Hello,

at the moment his family helps him with fundings.

You can submit a new application and your EEA partner can become self sufficient on the basis of its family funding. But you need to buy private medical insurance too for covering your whole family.

Help5 wrote:Appeal

Thats they only way to go ahead

Resubmission will waste your time and lead to another rejection

you have to appeal

But if I would have submitted the documents they wanted a different decision would've been made. They gave me three weeks to do that. But I wasn't aware of that because I haven't received the request letter.

Help5 wrote:Appeal

Thats they only way to go ahead

Resubmission will waste your time and lead to another rejection

you have to appeal

How can OP appeal? on what basis would she be appealing? she didn't meet the requirement for residence card and yet you are asking op to appeal

Help5 wrote:Appeal

Thats they only way to go ahead

Resubmission will waste your time and lead to another rejection

you have to appeal

"We will only reconsider our decision in exceptional circumstances. Your appeal will only succeed if our decision, based on the evidence that we had at the time, was incorrect. For example, a reconsideration is not appropriate if you did not supply enough evidence to support your application - in that situation, you should make a new application and ensure that you include all the supporting information." that's what UKBA website says.

Help5 wrote:Jobseeker is fine for EU Spouse

No a job seeker can not sponsor their family member to a residence card application. that is wrong.

frei wrote:

Help5 wrote:Jobseeker is fine for EU Spouse

No a job seeker can not sponsor their family member to a residence card application. that is wrong.

Jobseeker is on the EEA2 list. http://www.ukba.homeoffice.gov.uk/eucit ... /applying/#
Right column, pdf file.

frei wrote:As your husband was a student, you need need CSI and proof of funds to make a successful application for residence card.

If you can demonstrate proof of self sufficiency, you will need to have a private family health insurance cover, you can proceed to making a new application.

How do you get a comprehensive sickness insurance?

Check out aviva, that's the one I know of there are more out there it's always better to compare prices so as to reduce cost

fatefull wrote:

frei wrote:

Help5 wrote:Jobseeker is fine for EU Spouse

No a job seeker can not sponsor their family member to a residence card application. that is wrong.

Jobseeker is on the EEA2 list. http://www.ukba.homeoffice.gov.uk/eucit ... /applying/#
Right column, pdf file.

Again No, a job seeker can not sponsor their family member to a successful residence card application. There is no basis for that in law

frei wrote:

fatefull wrote:

frei wrote:

Help5 wrote:Jobseeker is fine for EU Spouse

No a job seeker can not sponsor their family member to a residence card application. that is wrong.

Jobseeker is on the EEA2 list. http://www.ukba.homeoffice.gov.uk/eucit ... /applying/#
Right column, pdf file.

Again No, a job seeker can not sponsor their family member to a successful residence card application. There is no basis for that in law

So why is it on a list of EEA2 applications? Meaning that applicants are given that as an option.

frei wrote:Check out aviva, that's the one I know of there are more out there it's always better to compare prices so as to reduce cost

How expensive is it?

[quote="frei"][/quote]

Just to have a clear picture. Your advise is to inform UKBA that I can submit necessary information and wish to make a further application?
Would they cancel their previous request for me to leave the UK while I'm preparing documents for application such as CSI and UK bank account?

fatefull wrote:

frei wrote:

Just to have a clear picture. Your advise is to inform UKBA that I can submit necessary information and wish to make a further application?
Would they cancel their previous request for me to leave the UK while I'm preparing documents for application such as CSI and UK bank account?

You do not need to inform the UKBA of anything, get the csi and apply. You have to show proof of funds though.

It doesn't matter where the account is held.

fatefull wrote:

frei wrote:Check out aviva, that's the one I know of there are more out there it's always better to compare prices so as to reduce cost

How expensive is it?

I am not sure, perhaps up to a thousand, check the link below to see the list of insurers, get a quote online or by phone.
http://www.activequote.com/health-insur ... rance.aspx

frei wrote:

fatefull wrote:

frei wrote:Check out aviva, that's the one I know of there are more out there it's always better to compare prices so as to reduce cost

How expensive is it?

I am not sure, perhaps up to a thousand, check the link below to see the list of insurers, get a quote online or by phone.

Oh. My. This is crazy expensive. Considering it is only needed for this application. I never get sick or ask for medical help. And my husband has his EHIC card.

frei wrote: I am not sure, perhaps up to a thousand, check the link below to see the list of insurers, get a quote online or by phone.

Which link below?

That's what they say in refusal letter:
"We also require students to hold comprehensive medical insurance covering the period of study. You have submitted a EHIC card, as stated in our request letter (which I haven't seen) we require a letter from your EEA sponsor confirming that his residence in the UK is temporary covering the period of study."

I'm not 100% sure what they mean by this.

fatefull wrote:

frei wrote: I am not sure, perhaps up to a thousand, check the link below to see the list of insurers, get a quote online or by phone.

Which link below?

That's what they say in refusal letter:
"We also require students to hold comprehensive medical insurance covering the period of study. You have submitted a EHIC card, as stated in our request letter (which I haven't seen) we require a letter from your EEA sponsor confirming that his residence in the UK is temporary covering the period of study."

I'm not 100% sure what they mean by this.

My mistake, here it is.

http://www.activequote.com/health-insur ... rance.aspx

Jobseeker can Under EU free movement

There is no watsoever financial prove EU spouse has to show

Ukba will reject but court will accept


dont resubmit
appeal to court. Reason of Rejection is invalid and and judge will say its is on Respondent to provide a prove not appellant

For Residence CARD only you id and Mention of a eu law signed by EU spouse with Marriage certificate

EHIC card is only valid for a temporary visit, it is in place for EU citizens holidaying in different member states, in case they fall ill whilst away or an accident, they can be treated in that member state and will not have to pay for the treatment themselves.

So your partner providing an EHIC card might mean he is only resident in the UK temporarily.

Help5 wrote:Jobseeker can Under EU free movement

There is no watsoever financial prove EU spouse has to show

Ukba will reject but court will accept


dont resubmit
appeal to court. Reason of Rejection is invalid and and judge will say its is on Respondent to provide a prove not appellant

For Residence CARD only you id and Mention of a eu law signed by EU spouse with Marriage certificate

Help5 am afraid you are wrong about the whole of this, you have been getting things missed up too much. Do not advice the op wrongly.