EEA4 refused / refusal - please help

Hi there, I am new to the forum and hope you can give me some hints/advice.

I try to make it brief and here is a bit background:

Me: non-EEA national:
Timeline:
- First entry in the UK: 24/03/2008 with EU national husband (I lived in EU country before moving to the UK)
- EEA2 applied: 06/2008
- COA for EEA2: 22/08/2008
- complaint email sent sometime early 2009 because no RC received, received letter of complaint confirmation 30/04/2009
- RC dated 05/05/2009 - 2014 (not sure when received)

- EEA4 applied (employer requested): 08/04/2014 by special delivery, received in Durham office 09/04/2014
- Payment deducted 12/04/2014
- Letter of confirmation 10/04/2014 but received 16/04/2014
- COA dated 14/04/2014 received 17/04/2014

Decision - refusal - reason: insufficient evidence of exercise of treaty rights for a continuous period of 5 years in the UK:
- cover letter dated 21/06/2014
- notice of decision dated 23/06/2014
- reason of refusal letter dated 23/06/2014 with rights to appeal
sent back together with all supporting documents with application; passport detained

The returned pack was claimed to be deivered on 23/06/2014, but I got notification card on 27/06 (Tuesday after the bank holiday Monday). Pack picked up at post office 28/06/2014 (without my passport )

I stated in the application that my husband was:
- employed 04/2008 - 07/2012
- temporary incapacitated (temporary mental health illness) - 08/2012-06/2013
- self employed 07/2013 - present

As you can see I tell them perhaps too much information as that's more than 5 years period (5 years should be 04/2008 until 03/2013).

So in the 'reasons for refusal letter' it states:
'It is noted that you have provided insufficient evidence of how your EEA sponsor was exercising Treaty rights in the UK from August 2012 until July 2013"

The reason why I didn't choose 'job seeker' or 'self sufficient person' because my husband was not registered in job centre as unemployed at the time when he was unwell or had he CSI. So after having looked at the EEA2 form, I decided to choose the path of 'temporary incapacitated' and asked his consultant to write a letter.

Now, in the 'reasons for refusal letter' it states:
''The letter provided from .... consultant dated 'xx April 2014 states that the consultant has recommended your EEA national sponsor take some time off work, however, he is a director of a company ... ... [note: Limited company, self employed as stated in application form "self employed"]... .. which he pays himself a monthly salary of xxx GBP and has been since July 2013.'

'The letter has no stamp or signature to validate the letter as this is just word processed.' [my fault, shouldn't have sent it when the letter came without signature but I was too anxious and wanted to send off the application asap; so we asked his consultant to rewrite the letter with a bit more information to explain the queries which you will see below.]

'Medical evidence to show that he cannot work is required and this letter on its own merit is insufficient. The letter also states that the EEA national sponsor had to leave his last employment as a result of XXX around August 2012, however the assignment summary provided states the assignment end date was 30 March 2012. The letter provided seems to be contradictory and more evidence is needed to establish the year gap in your application for PR.' [my note: my husband was employed via umbrella company so he didn't really have a proper contract of employment, so we provided in the application some online 'assignment summary' from his previous umbrella company but unfortunately we couldn't find the last assignment but we did provide the P45 which shows the end date 27/07/2013. So I suspect the caseworker didn't pay attention to it.]

Now, questions/advice please:
1. we have asked the doctor to rewrite the letter and add a bit more information to say my husband was not able to work from xx to xx time. But it's hard to say so because of mental illness one can't really say you will be bit after this period of time. But now I leave it to the consultant and see if he has better idea. Or does anyone has some advice?

2. I am considering to send the caseworker (I've got the name) for 'reconsideration for decision', as I read in the forum people that some people did it after received refusal letter. Can I appeal at the same time? I think I must (deadline in 6 days) because otherwise I can't show the decision to my employer and they may suspend me. I remember in the COA it says I have the right to live and work in the UK until the right of appeal is exhausted.

3. can we point out in the cover letter of reconsideration that the date of last assigned 30/03/2012 wasn't end of employment as shown in the P45 (provided in the application the first place) and now we have a new letter from the umbrella company to confirm the period was until 27/07/2012.

4. can we point out also in the cover letter that the 5 years period should be from 03/2008 to 03/2013 and not until 07/2013 (when he started to be self-employed?)

5. It seems to me the appeal contents and documents needed are more or less the same as I would do the request for reconsideration of decision. I am very anxious and really afraid of the outcome. Would it be wise to get a lawyer for both appeal (need to lodge at lastest in 6 days time), does anyone have experience in either self submitted appeal or request for reconsideration of decision.

6. Could anyone especially guru shed some light on my case please? And anything I should write in the cover letter?

Perhaps the least important now:
7. I will need to travel in 2 weeks time and in July. My plan is to use my other passport (I have 2 nationalities) both allow me to enter in the UK with 6 months visa free. I read a lot of guru here pointed out that there shouldn't be any issue if entering with the EEA national as family member, as long as I provide marriage certificate, and some proof. My EEA national husband doesn't have RC or PC on his passport though as he never applied for it. So I am thinking to bring 6 months bank statement of us to prove we are still living in the UK. The decision letters, appeal letter (if decided to lodge finally), and his self employed paperwork like registration from HMRA, payslip (word process though), and some payment from clients to his business bank account, perhaps)

Thank you for reading. Really appreciate it.

Anyone would like to shed some light please? Thanks!

I sent the caseworker with new information (documents) and she refused to reconsider the decision she made. She wrote in the letter that she reviewed the procedures she performed while considering my original application so no grounds for reconsideration.

Also, I appealed in parallel and now I got a copy of the EEA4 application forms and documents prepared by this caseworker that she sent to the court. So the court appeal is pending.

Can I re-apply for EEA4 as fresh application while the appeal is pending?

Also, the home office (or the local authority) is still keeping my passport that I sent in my first EEA application. Can I request them back, otherwise I am afraid my re-apply for EEA4 will get refused without the passport. I am afraid to contact the local authority as they may want me to leave the country!!!!

Please help.

You should proceed with the appeal . During that time you they cannot remove you.

An application cannot be considered if there is an appeal pending.

Hi Obie,

Thanks for your reply. But I guess the results of appeal will turn negative as one of the document I sent to the Home Office wasn't signed by the doctor (medical letter) in error. I sent a newly signed and re-written letter to the casework for re-consideration and got refused.

I also sent the same letter to the court for appeal.

I think if I re-apply for the EEA4 again with the letter and a new employment reference proof I can be successful? The court appeal - I think it's to review whether the caseworker has done anything wrong only? Please advise.

Can I request the passports back while my appeal is pending?

The Tribunal will not only review matters but will assess matters as of the day of the hearing.

New evidence will be considered.

Thank you for your reply.

Do you know anything about the passport? Whether I can get it back before appeal?

I'm kind of lucky as I have a second passport. Recently I went on travel with the second passport and when I entered the UK without issue with my spouse. I could be that because I'm not a visa required national (arrival visa for six months).

The officer didn't ask anything but didn't grant me a code IA stamp :-/

Hi there,

I have previously posted a topic about my EEA4 application in the forum:
http://www.immigrationboards.com/eea-ro ... 65802.html

The application has been refused. Since then I requested for re-consideration (also got refused) and lodged an appeal which is now pending.

In the original refusal letter, a telephone number is given 020 7238 0137 as they have the passport. When I called this number it's actually a general public number for reporting. A lady I spoke to put me through to another department which was the East London team. She refused to give me her name but saying they are not responsible for my address so she gave me another number which I should call as they deal with my address.

This second lady was telling, no team will give me the passport back unless I decide to leave the UK. I was telling her my EEA national is living and working in the UK so I have the right to stay here and until the right of appeal is exhausted. She confirmed she wouldn't be able to give me any advice and I should call 0300 123 2241 for advice. Also she said my passport will be retained unless the Home Office grant me the right of remain to leave in the UK. I re-illiterated and said my EEA husband lives and works in the UK so this does not apply to me. She re-illiterated that unless the Home Office grant me to stay in the UK, no one will give my passport back.

So then I called to the number she gave me a couple of time and I couldn't reach anyone.

Can anyone shed some light?

Thank you.

They are correct. No team will give you your passport unless you are prepared to leave the UK, as you currently have no right to be in the UK, according to them.

It may well be the case that they are wrong, but that is their policy.

If you wish to make another application or proceed with the appeal, you need not worry about the passport. Simply inform them that your passport is with them and it will be linked.

Please do not open further thread on this same topic i find this extremely annoying.

Obie wrote:They are correct. No team will give you your passport unless you are prepared to leave the UK, as you currently have no right to be in the UK, according to them.

It may well be the case that they are wrong, but that is their policy.

If you wish to make another application or proceed with the appeal, you need not worry about the passport. Simply inform them that your passport is with them and it will be linked.

Please do not open further thread on this same topic i find this extremely annoying.

Thank you for your reply, Obie. I have lodged the appeal so I am waiting for the result.
What if in worst scenerio the appeal is not successful, does it mean I have to leave the UK. I think no, as my EEA spouse is living and working in the UK. And it doesn't make sense to leave the country and apply for a new entry clearance. It's just worrying because my employer is asking for the outcome of my application and they asked again for the HO reference to check any pending application. They said it's a new policy of the BA and so they implemented it to the company.

In the event that it was found by the tribunal that you have attained PR, then you will have to submit an application for EEA2. You cannot be required to leave.

My employer wrote me that the Home Office have recently changed their rules and that employers are now required to undertake a check with the Home Office Employer Checking Service for all employees with current application pending decision. This is a new process that my employer will need to undertake for any staff on limited leave to remain in the UK whose visas have expired and have an application with the Home Office. The check is basically the Home Office confirming that an application has been received.

First of all, can my employer classify me as "on limited leave to remain in the UK"? and my expired residence card is a visa? In fact not, I am just worried that they will suspend/dismiss me while my appeal is pending or if later my appeal is not successful.

dalebutt wrote:In the event that it was found by the tribunal that you have attained PR, then you will have to submit an application for EEA2. You cannot be required to leave.

In law, the Judge will be required by the NIA act 2002 to deal with all aspect of the EEA case.

Even if she fail on PR, the judge will be required to assess all her EEA right, and to allow the Appeal under the EEA regulations if the OP has an extended right of residence.

So I cant see the OP losing a lot, other that the UKVI unnecessary delay.

Obie wrote:

dalebutt wrote:In the event that it was found by the tribunal that you have attained PR, then you will have to submit an application for EEA2. You cannot be required to leave.

In law, the Judge will be required by the NIA act 2002 to deal with all aspect of the EEA case.

Even if she fail on PR, the judge will be required to assess all her EEA right, and to allow the Appeal under the EEA regulations if the OP has an extended right of residence.

So I cant see the OP losing a lot, other that the UKVI unnecessary delay.

apologies - what OP stands for?

Original Poster

And you happen to be the OP.

Thank you all.

Waiting for an outcome of the appeal is painful. I did my appeal in writing and no oral hearing will happen.

Today I read a document from the bar council that appeal without oral hearing is likely to be unsuccessful. It makes me worry more!!

Provided it is done well and there are contentious issues, than a paper appeal can succeeded.

In the circumstance of your case, I would have been inclined to recommend an oral hearing.

Obie wrote:Provided it is done well and there are contentious issues, than a paper appeal can succeeded.

In the circumstance of your case, I would have been inclined to recommend an oral hearing.

Hi Obie, thank you so much. I received a letter from the First Tier Tribunal saying they determined my appeal and my appeal was allowed. The court demanded the home office (the respondent) to give me back the appeal fee £80. So I assumed I won the case. However, I haven't received my passport back with the PR status. I just wonder if I need to write anything to the caseworker to proceed with my application. I know they should receive the same letter from the court too. Please advise.

Just an update. I received an email on 11/09/2014 from the HM Courts & Tribunals Service confirming a refund requested for the appeal fee I paid when I lodged my appeal on 6/7/2014. I've been checking my bank account every day since then. Still no money credited which is not a problem. I am hoping to get my passport back with the PR documents ASAP. On 10/09 I sent a letter to my caseworker requesting my passport back following the decision made by the First-Tier Tribunal. I also attached a copy of the tribunal decision letter, although I am sure the HO must have received it too.

Can anyone advise what I can do to get my passports with the PR please?
The court has refunded me the appeal fee on 11/09/2014 already.
I also sent a letter to the caseworker on 09/09/2014 requesting passport back with PR. No reply so far. I am going to send the caseworker a letter again.

PLEASE ADVISE?

Just to say finally I got my passport and PR back after the appeal and eventually 2 letters chasing the home office...

good luck everyone!

Congratulations!!