EEA appeal

[bunny80]

I am a romanian national married to a US national (living together in the UK) and our BR1 and BR5 applications were refused on grounds that our income is from gambling. I play online poker for a living and i showed them bank statements going back 15 months (with savings of over £17k and total withdrawals of £85k for the whole period) along with my poker records showing that I've been doing this for years. We applied as self- sufficient. I'd be very greatful if you could help me with any of these questions as I am pretty confused right now and solicitors take days to return your call:

1. How many days do we get to appeal (I think it's 10 working days but I am not sure)?

2. Gambling being the reason, would there be any chance they could reconsider?

3. How much would the appeal solicitor cost?

4. How long till we have to leave the UK if we don't appeal?

5. How long would it take for the appeal to be decided?

Thanks for reading

[andyb123]

1. you have 28 days to lodge the appeal

2. If they've refused you because your income is from online gambling, they obviously consider that gambling is not a legitimate income going forward, i don't think by appealing you will change that decision.

3. you'd need to ask a solicitor, fees can vary wildly and will be based on billable hours

4. the date your existing visa expires

5. you might not get an appeal date for months (as in I've seen people on here waiting 10 months with no date set)

[Obie]

I think they are wrong. And there is a possibility you will win.

Bearing in mind gambling is not considered as a job, you would need to provide Comprehensive medical insurance and the savings you have as proof of Self-Sufficiency, which is the category i think you fall under.

Gambling is not a criminal offense, despite the fact some people might take a deem moral view of it.

The proceeds of gambling cannot also be considered as illegal or proceeds of crime. They might try to argue that the income from gamble cannot be a sustainable source, but if there is a sizeable amount in you savings and your partner has other source of income, then there is a realistic chance you will succeed.

You just need to demonstrate that your income and the regularity of it is such that, you will never become an unreasonable burden to the UK social security.

[bunny80]

we applied as self-sufficient and we had comprehensive medical insurance. i tried to show as much evidence of poker income as i could : screenshots of poker accounts, withdrawals from the site log corroborated with the incoming bank transfers on the statements etc. also they didn't have to take my word for it, it would just take a few minutes to just google it and find out quite a few people make a living from it online (from those who barely break even but live off bonuses or other incentives the sites offer to the few who make millions a year). this is also true for betting but it's a much tougher nut too crack, very few can actually ''outplay'' the bookies or markets. they just said gambling income is ''precarious or volatile'' and that's that.


would an appeal give me the chance to actually be face to face with a living person so i could make my case and show them i've been doing it for years and so have many others? even with the easy access to information we have today, it seems that most people still think poker and gambling are mostly associated with the mafia, cheating, degeneracy... or James Bond in the best case!

[Obie]

Try not to complicate matters. Forget about the gambling bit.

To qualify as self sufficient, the UKBA need to satisfy themselves that you will not be a burden to the state.

With the income and outgoings you have had over the years, there is every possibility you will not be a burden on the state. End of story.

If you can show that your earnings are not precarious or volatile and that over the years, you have lived on this means and it has not failed you, i am sure you will stand a good chance.

Remember your spouse also can provide evidence of her earning, even though she might not be an EEA national, and this is perfectly fine too.

[bunny80]

but what can i do now since they already know about the gambling part so it's most likely on record? i only mentioned it because that's what the solicitor we saw advised us but it looks like it wasn't the best of ideas. also she isn't working, she couldn't do that anyway on her visitor visa amd she doesn't have any savings of her own.

i was thinking about contacting Solvit or the Citizens Signpost Service, they seem to deal with stuff like this and their site says they've won almost 80% of their cases.

on a side note, are there any EU countries that have a specific amount of savings you need or some kind of fixed criteria for getting a residence card? where i would know exactly if i qualify or not and not depend an individual's opinion? or in general any EU countries where this process is easier and you don't need to be a millionaire?

i also see you are from ireland, it's one of the place we are still considering in case we decide not to appeal. poker is tax free, the language is a plus, and you have that ''je ne sais quoi'' i like in a people ... would the irish immigration system be ''kinder'' to us? i'd hope their logic and reasoning are as sound as yours

[Obie]

Here is the information for Ireland.

The policy is the same for all EEA national, with exception to the fact that Bulgarian and Romanian nationals are restricted from the employment market until 2011, except if the have a work permit or have been working for a continuous period of 12 months.

The don't, as far as i know, question the source of your income, or state whether or not the source is precarious or volatile.

I have a feeling it is best to see the UK appeal to a successful conclusion.

They won't deport you, or give you a time limit to leave the UK, as you were not subject to leave to enter or remain. If you circumstance changes, you can always put in a fresh application, as this is allowed