EEA2 ADVICE

Hi! My name is Mariana, I'm Brazilian and I'm married to a Spanish citizen. I came to the UK under a student visa to do a master degree. Now I've just finished it and started doing an 11 months interniship programme.
My actual visa will expire on the 31/01/2010. I've tried to apply to the EEA2 residence card, but my application came back because I didn't attach the bank statements.

I've attached our marriage certificates (Brazilian and Spanish) officially translated into english, passports, my husband's self employed agreement term and the photographs required.

I'd like to know if it's worth to add our Brazilian bank statements in addition to the English one and if I need to apply to the EEA1 as well.

Many thanks!
Mariana

Hi Mariana.

marifeijoo wrote:I've tried to apply to the EEA2 residence card, but my application came back because I didn't attach the bank statements.

Are you sure this was the sole reason? You husband is self-employed - bank statements are mandatory, just evidence that he is indeed self-employed.

marifeijoo wrote:I've attached our marriage certificates (Brazilian and Spanish) officially translated into english, passports, my husband's self employed agreement term and the photographs required.

Evidence of residence in the UK may also be required, but your husband's "self employed agreement term" may double-up as this.

marifeijoo wrote:I'd like to know if it's worth to add our Brazilian bank statements in addition to the English one

Not required.

marifeijoo wrote:and if I need to apply to the EEA1 as well.

Your husband can submit an EEA1 application is he so desires, but it is not compulsory.

Hi! Thanks for your answer.

I've received the documents back yesterday and the reason for denial was "no evidence of exercising treaty rights in the UK: N.I contributions, accountants letter, bank statements".

I'm not sure this is the only reason, because this is the second time I submit this application with the same documents. The only difference was my husband's contract, that on the first time I sent the copy he had at home and the Home Office denied my application because it was a copy and not the original. The second time I sent everything again with the original free lancer contract. And they've denied again...

That's why I'm a bit confused... I went to the bank today to ask for the 6 months statements, but I don't know if they will deny my application again for any other reason.

Do you think I should add a cover letter explaining our situation in the UK?

I'm currently employed. Do you think I should attach my payslips?

Many thanks,
Mariana

marifeijoo wrote:I've received the documents back yesterday and the reason for denial was "no evidence of exercising treaty rights in the UK: N.I contributions, accountants letter, bank statements".

Ok, that's different from what you said earlier:

marifeijoo wrote:but my application came back because I didn't attach the bank statements.

It is imperative that the EEA national supplies evidence which confirms that he is exercising a Treaty right in the UK.

If he's self-employed, your husband must provide evidence to the UKBA of this. How he proves this is optional, so long as it is proof.

Hi! Thanks again! You've been really helpful!

The only problem is that his salary is not enough to pay all our bills. Therefore we use my salary (I have all my payslips) and sometimes money we have in Brazil. Do you think it is better to attach my payslips and the bank statements? And maybe a cover letter explaining the situation.

Many thanks!

Mariana

marifeijoo wrote:The only problem is that his salary is not enough to pay all our bills.

It is not a condition of residence that the EU national must be the sole breadwinner. So long as he is genuinely self-employed in the UK and can provide evidence of this, he has the right to reside in the UK and so do you.

marifeijoo wrote:Therefore we use my salary (I have all my payslips) and sometimes money we have in Brazil. Do you think it is better to attach my payslips and the bank statements? And maybe a cover letter explaining the situation.

Personally I wouldn't, as I have a theory that any documents sent to civil servants which are in addition to application forms and documentary evidence which are actually required, are ignored by the civil servant in question as it is seen as an unwanted, irrelevant inconvenience which just takes up envelope space a wastes his time.

But if it makes you feel better..

Ok. Thanks for the advice! I'll try again.