eea2 refused

jamoman · Post by **jamoman** » Mon Oct 29, 2012 10:23 pm

my eea2 application was sent in july 13 as selfemployed for my wife received coa recei on 7 september.... passport and documents sent back with refusal letter yesterday 29 october stating visa was refused because home office are not satisfied im self employed documents i sent proving im self employed

were 4months invoices of work carried out
dwp ni contribuations letter that was paid
utr number stating been self employed
bank account stating my self employed tranactions paid by cash and cheque

home office said in the refusal letter that i did not give buisness account documents and ..... how do i prove advertising for employment ,and a profit and loss accuontants letter

i dont have a an accontant as im a sole trader and can do it myself
buisness bank account i used was a personal bank account that i use as a sole trader

i have 5 days to appeal ....solicitor said she can do a appeal for
£1200.00 and but forward my case for court tribunal .........me an my wife are heartbroken

anybody any advice would be really helpful

thsths · Post by **thsths** » Tue Oct 30, 2012 7:40 am

jamoman wrote:my eea2 application was sent in july 13 as selfemployed for my wife received coa recei on 7 september.... passport and documents sent back with refusal letter yesterday 29 october stating visa was refused because home office are not satisfied im self employed documents i sent proving im self employed

It seems that the HO does not like sole traders - they expect a fully set up company etc. Of course you are right - the HO cannot dictate you how to run your business, and there is no requirement to make a profit, either. (Although if you can proof that you make a profit, I am sure that would be useful.)

You should just apply again with more documents. Generally there is no point in paying money for an appeal. Your solicitor should have advised you of that option - if not he/she may just be after your money.

jamoman · Post by **jamoman** » Tue Oct 30, 2012 8:37 am

the solicitor advised me as my wifes visa has run out we cannot apply in uk ......when we applied for eea 2 residence my wife had 3 months left on her visa ................now eea 2 application has been refused solicitor said my wife a overstayer and the home office dont think im exercising treaty rigth as of letter sent so cannot apply within uk she has to leave unbelivable

any advise please

Lucapooka · Post by **Lucapooka** » Tue Oct 30, 2012 8:50 am

It appears that your solicitor is not competent to advise on EU migration matters.

Obie · Post by **Obie** » Tue Oct 30, 2012 9:01 am

jamoman wrote:the solicitor advised me as my wifes visa has run out we cannot apply in uk ......when we applied for eea 2 residence my wife had 3 months left on her visa ................now eea 2 application has been refused solicitor said my wife a overstayer and the home office dont think im exercising treaty rigth as of letter sent so cannot apply within uk she has to leave unbelivable

any advise please

Well i concur. I dont think that is right at all. You dont need a visa to make EEA application. I believe you will need to appeal do, as you have n o new evidence and UKBA may not give a right of appeal or even reconsider if you don't provide new evidence. I think the cost is a bit over the top though. Then again if the solicitor is experienced, that may not be an issue.

I believe the document you supplied should be sufficient to prove your status

jamoman · Post by **jamoman** » Tue Oct 30, 2012 3:04 pm

got my all my documents back today ..........but missing my wife passport solicitor said home office kept it

it says in letter in refusal letter as I'm not exercising treaty rigths as there not confident I'm self-employed we can appeal........but if we don't my wife has to leave the country within 28 working days as my wifes a overstayer .....

Im self employed as a sole trader i sent ......

4 months work invoices from clients
ni contribuations paid
4 months bank statements corresponding with my work invoices
my utr number for been self employed

really disappointed

home office treating my wife really badly like a illegal immigrant

Lucapooka · Post by **Lucapooka** » Tue Oct 30, 2012 3:07 pm

You simply (yes!) need to change your adviser.

thsths · Post by **thsths** » Tue Oct 30, 2012 8:41 pm

jamoman wrote:got my all my documents back today ..........but missing my wife passport solicitor said home office kept it

it says in letter in refusal letter as I'm not exercising treaty rigths as there not confident I'm self-employed we can appeal........but if we don't my wife has to leave the country within 28 working days as my wifes a overstayer .....

And again they are wrong - they cannot deport your wife unless they can demonstrate that you are not self-employed. That is a completely different statement, and again you should just submit a new application with more evidence. Plus you really have to change your solicitor - although to be honest applications under European law can usually be handled without a solicitor just by reading the available documentation.

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Tue Oct 30, 2012 8:56 pm

You may find this thread interesting.

http://www.immigrationboards.com/viewto ... 745#728745

jamoman · Post by **jamoman** » Tue Oct 30, 2012 11:00 pm

thanks everyone for your help

me and my wife are gonna go ahead with the tribunal appeal with a new solicitor

new evidence i can provide is,

is bank statements for last 10 months showing self employment
ni contributions paid direct debit last 10 months
accountants letter stating profit - loss with a profit of course
invoices for last 10 moths of work carried out for clients
and witnesses who will go to court to prove i did the work for them

if my first solicitor had done all this the above previous my wife would have
her residence card and me and my wife could of gone ireland for christmas as we planned
thank you people for your kind help i will keep you all informed .....

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Wed Oct 31, 2012 1:46 pm

Definitely a new solicitor. And I personally would not to pay any more money to the old one!

If you are self employed in the UK, then your wife is here 100% legally. In fact if you appeal, your wife can continue to work (if she wants) during the appeal. Read through the UKBA document https://dl.dropbox.com/u/27885818/UK/FO ... 20work.pdf

Relax. Keep copies of EVERYTHING. You can even ask for the passport back, saying you need it for travel.

Also note that if UKBA claim you are not working, you can always reset your initial 90 day period by leaving the UK for a day trip to any other EU member state.

nextoapple · Post by **nextoapple** » Thu Nov 08, 2012 8:49 pm

Jam and Guru,
I'm now in distressed and wish you could give me some advice.
I have sent my appeal to 1st-tier tribunal and the hearing date is confirmed on 28th November. Found a lawyer recommended by university and she charged me for £1000+VAT plus extra time charge in case there is a waiting in the Tribunal.

I have submitted the documents that they are asking for to support this appeal and we have account letters to prove my husband's status as a self-employed trader and exercising treaty right. So you think we can go to court alone without a lawyer?
I'm still a student and my husband is the main income. He has supported me through my study so this £1000+VAT plus extra time is quite a burden for us.

Jam - I think you received wrong advice from your lawyer. I applied my EE2 at the very last minute before my student visa expired. And the refusal letter did say I have the right to appeal. Once they said it and HO keeps her passport, you DO NOT need to apply appeal outside the country, your wife is not required to leave until the appeal process is finished. The application of EEA2 RC is free but once it goes to 1st-tier tribunal, the hearing is £140.

I'm still struggling if I need a lawyer as the one university recommended to me was rude and has kept asking for money. I have a feeling that even she's very competent in her job, I wouldn't feel comfortable to work with her.

Gurus and all, please advise. Please.

[quote="Directive/2004/38/EC"]Definitely a new solicitor. And I personally would not to pay any more money to the old one!

If you are self employed in the UK, then your wife is here 100% legally. In fact if you appeal, your wife can continue to work (if she wants) during the appeal. Read through the UKBA document https://dl.dropbox.com/u/27885818/UK/FO ... 20work.pdf

Relax. Keep copies of EVERYTHING. You can even ask for the passport back, saying you need it for travel.

Also note that if UKBA claim you are not working, you can always reset your initial 90 day period by leaving the UK for a day trip to any other EU member state.[/quote]

jamoman · Post by **jamoman** » Mon Dec 03, 2012 4:05 pm

we have paid tribunal fee and court hearing is set for january 17 2013 .......have supplied new evidence with new solicitor

tax returns filled online with h-m-r-c

ni contributions paid up to date with paperwork

new invoices for recent work carried out

witness statements from clients for work i have done

bank account for monies coming in from my work

i hope this is enough to win my case new solicitor says H O will have to issue

as all documents are in place for the appeal that I am exercising my treaty rigths as self employed

nextoapple · Post by **nextoapple** » Thu Dec 13, 2012 8:32 pm

Jamoman, have you received my reply in private message? I hope everything goes well. Don't stress yourself too much. I think if your lawyer is good, he/she will do the job properly.
I sincerely wish you get through this.
I will keep you post if I have received my RC.

Best wishes,
Nextoapple

mobismome · Post by **mobismome** » Fri Dec 14, 2012 2:01 am

these barristers are thieves mine charged me 200 pounds and i still won the appeal dey dont even do much at the hearing as you speak for your self when the time comes but everything depends on the reasons for refusal

jamoman · Post by **jamoman** » Thu Jan 17, 2013 12:14 am

i got great news today from solicitor .....regarding our appeal .....the home office officer has withdrawn there case today........just before court date tomorrow .......me and my wife are over the moon..... thanks everyone who helped us with advice.

ElMa · Post by **ElMa** » Thu Jan 17, 2013 10:27 am

jamoman wrote:i got great news today from solicitor .....regarding our appeal .....the home office officer has withdrawn there case today........just before court date tomorrow .......me and my wife are over the moon..... thanks everyone who helped us with advice.

GREAT NEWS! Congratulations!

Isaac2212 · Post by **Isaac2212** » Thu Apr 11, 2013 1:14 pm

jamoman wrote:i got great news today from solicitor .....regarding our appeal .....the home office officer has withdrawn there case today........just before court date tomorrow .......me and my wife are over the moon..... thanks everyone who helped us with advice.

PLease after seeing your post, im just trying to find out how long do you wait to get your RC after the HO sent you a letter to withdraw your appeal and whats the time line of the whole process please......

Babz · Post by **Babz** » Fri Apr 12, 2013 1:05 pm

Hi All,
I received this email this morning in response to the email I sent Rob Whiteman yesterday.

Dear Mr..............

Your email to Rob Whiteman has been passed to me for response.

Your application for an EEA Residence Card was received on 4 February 2013 and was refused on 6 April 2013. Notification of the reasons for this decision and your right of appeal were sent to you at ...... London .....

Karen
Karen Milne

Home Office
1st Floor Seacole Building 2 Marsham Street SW1P 4DF

Anyway,I'm yet to get hold of the notification yet. Will update you on the reason(s) for refusal. Thanks y'all for the support. Aluta continua....

Babz · Post by **Babz** » Fri Apr 12, 2013 1:08 pm

mobismome wrote:these barristers are thieves mine charged me 200 pounds and i still won the appeal dey dont even do much at the hearing as you speak for your self when the time comes but everything depends on the reasons for refusal

Hi.Sorry to bother you.Did you attend the hearing with your souse?

Babz · Post by **Babz** » Mon Apr 15, 2013 10:57 am

Hi ,
I did receive the refusal notification letter dated 6/4/13 on Saturday 13/04/13. As promised,here are the reasons for refusal.
The case worker said:
1.I need to submit an INDEPENDENTLY AUDITED BUSINESS BANK ACCOUNT detailing the trading activity of the company.
2.Evidence of NI 2 contribution not sent even though HMRC documentation was provided.
3.Invoices are not printed out on professional documentation and cannot be verified by any bank account statements.

Those are the reasons folks. I have 10 working days from date of service(26/4/13) to appeal.

Minor reasons though,but not taking any chances. All the best

Imshzd · Post by **Imshzd** » Mon Apr 15, 2013 11:21 am

Refusal point 1,un justified if your wife is just self employed and not running a company.

mikilo2008 · Post by **mikilo2008** » Mon Apr 15, 2013 6:17 pm

Babz wrote:Hi ,
I did receive the refusal notification letter dated 6/4/13 on Saturday 13/04/13. As promised,here are the reasons for refusal.
The case worker said:
1.I need to submit an INDEPENDENTLY AUDITED BUSINESS BANK ACCOUNT detailing the trading activity of the company.
2.Evidence of NI 2 contribution not sent even though HMRC documentation was provided.
3.Invoices are not printed out on professional documentation and cannot be verified by any bank account statements.

Those are the reasons folks. I have 10 working days from date of service(26/4/13) to appeal.

Minor reasons though,but not taking any chances. All the best

Quite minor, sorry for the refusal. But did u send any bank statements and invoices to them?

Babz · Post by **Babz** » Mon Apr 15, 2013 6:48 pm

mikilo2008 wrote:
Babz wrote:Hi ,
I did receive the refusal notification letter dated 6/4/13 on Saturday 13/04/13. As promised,here are the reasons for refusal.
The case worker said:
1.I need to submit an INDEPENDENTLY AUDITED BUSINESS BANK ACCOUNT detailing the trading activity of the company.
2.Evidence of NI 2 contribution not sent even though HMRC documentation was provided.
3.Invoices are not printed out on professional documentation and cannot be verified by any bank account statements.

Those are the reasons folks. I have 10 working days from date of service(26/4/13) to appeal.

Minor reasons though,but not taking any chances. All the best

Quite minor, sorry for the refusal. But did u send any bank statements and invoices to them?

I did send invoices but because it wasnt a customized one(my wife had to write in the name of her business etc herself).
as for the bank statement,the issue is that the money being paid in doesn't totally correspond with that of the invoices and this is bcos most of her clients pay cash-in-hand.i guess UKBA only want self-employed people to get paid by cheque or online payment.

Well that's being taken care of at the moment

enic · Post by **enic** » Tue Apr 16, 2013 10:37 am

Babz wrote:
mikilo2008 wrote:
Babz wrote:Hi ,
I did receive the refusal notification letter dated 6/4/13 on Saturday 13/04/13. As promised,here are the reasons for refusal.
The case worker said:
1.I need to submit an INDEPENDENTLY AUDITED BUSINESS BANK ACCOUNT detailing the trading activity of the company.
2.Evidence of NI 2 contribution not sent even though HMRC documentation was provided.
3.Invoices are not printed out on professional documentation and cannot be verified by any bank account statements.

Those are the reasons folks. I have 10 working days from date of service(26/4/13) to appeal.

Minor reasons though,but not taking any chances. All the best

Quite minor, sorry for the refusal. But did u send any bank statements and invoices to them?
I did send invoices but because it wasnt a customized one(my wife had to write in the name of her business etc herself).
as for the bank statement,the issue is that the money being paid in doesn't totally correspond with that of the invoices and this is bcos most of her clients pay cash-in-hand.i guess UKBA only want self-employed people to get paid by cheque or online payment.

Well that's being taken care of at the moment

Good luck with your appeal Babz! Please keep us updated on how it goes as many of us are in the same boat as self-employed.

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