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EEA4 APPLICATION REFUSED! WHAT NEXT?

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, Zimba

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Swanflea
Newly Registered
Posts: 2
Joined: Thu Aug 12, 2010 6:28 pm
Location: England

EEA4 APPLICATION REFUSED! WHAT NEXT?

Post by Swanflea » Thu Aug 12, 2010 7:51 pm

Hello

I am hoping someone would be able to advice me...

I applied using EEA4 has the family member of an EU national

I have been married for over 5 years, but my wife was working for just over a year witin this period (March2004 - Nov 2005). She stopped working in November 2005, while looking for another job she got pregnant. We now have two kids.

Hence from 2005 till date she has been a full time house wife taking care of the kids. I was working throughout this period.

My application was refused based on my wife not meeting the requirements of being self sufficient. HOs defination of self sufficient is She provides for the family (not my income), and we did not have comprehensive health insurrance (we did provide NHS card for all 4 of us).

My question - Is it worth appealling, and what are my other options

Thank you

coconutsforme
Newbie
Posts: 36
Joined: Wed Jul 21, 2010 12:39 pm
Location: london

Re: EEA4 APPLICATION REFUSED! WHAT NEXT?

Post by coconutsforme » Fri Aug 13, 2010 7:24 pm

Swanflea wrote:Hello

I am hoping someone would be able to advice me...

I applied using EEA4 has the family member of an EU national

I have been married for over 5 years, but my wife was working for just over a year witin this period (March2004 - Nov 2005). She stopped working in November 2005, while looking for another job she got pregnant. We now have two kids.

Hence from 2005 till date she has been a full time house wife taking care of the kids. I was working throughout this period.

My application was refused based on my wife not meeting the requirements of being self sufficient. HOs defination of self sufficient is She provides for the family (not my income), and we did not have comprehensive health insurrance (we did provide NHS card for all 4 of us).

My question - Is it worth appealling, and what are my other options

Thank you
Tough one!

I think it would be wiser to speak to professional Immigration adviser.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Post by Wanderer » Fri Aug 13, 2010 7:27 pm

U needed the Comp Health Insurance....
An chéad stad eile Stáisiún Uí Chonghaile....

coconutsforme
Newbie
Posts: 36
Joined: Wed Jul 21, 2010 12:39 pm
Location: london

Post by coconutsforme » Fri Aug 13, 2010 7:34 pm

Wanderer wrote:U needed the Comp Health Insurance....
Done and Dusted! COA recvd last week.

Obie
Moderator
Posts: 14609
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sat Aug 14, 2010 2:12 pm

Firstly i believe the UKBA are wrong to say that the source of the income for the self-sufficiency should originate from the EEA national and not the non-EEA spouse.

EEA national have a right under Article 18 of the EC treaty to enter any memberstate, and stay there for as long as they like, on condition they don't become an unnecessary burden to the state resource.

In this case, you have been in employment, and supporting your family over the past five years. Your wife and your entire family has never been a burden to the state. The NHS card is technically speaking a Comprehensive sickness insurance, within this context. You have not received some very expensive health care provision over this 5 years that made your family an unreasonable burden to the state, assuming your wife has a EU medical insurance, that should also suffice.

The purpose of the rules is to ensure, people don't become an unnecessary burden to the state, and can prove they will not be, over the course of the five years, before they become eligible for PR.

If you could show that you have not been, you should have a good chance on appeal.

Even seeking assistance ( State Fund)during that period does not exclude you from rights under the directive.

The Host memberstate should prove that your reliance on the state is tantamount to unreasonable burden. This is stipulated in the directive.

I hope this answers your question.
Black life matters.

Swanflea
Newly Registered
Posts: 2
Joined: Thu Aug 12, 2010 6:28 pm
Location: England

Post by Swanflea » Sun Aug 15, 2010 8:36 am

Thank you Obie

We do have the EU medical insurance.

I was also hoping the home office would have considered the kids when making their desicion, but this was not factored in based on the letter I received

I will be meeting with Immigration Lawyers this week

Hopefully I will find one that can assist in completing the appeal form and act as my representative.

I will appreciate suggetions on reputable firms before finally deciding who to represent me

Ajenta83
Junior Member
Posts: 59
Joined: Wed Sep 08, 2010 10:21 am

Post by Ajenta83 » Wed Sep 08, 2010 10:25 am

Hello,

I was wondering if you knew more about your situation.

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