EEA4 APPLICATION REFUSED! WHAT NEXT?

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

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.

U needed the Comp Health Insurance....

Wanderer wrote:U needed the Comp Health Insurance....

Done and Dusted! COA recvd last week.

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.

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

Hello,

I was wondering if you knew more about your situation.