Immigrationboards.com

i am an illegal immigrant and i got married to my husband last year march i applied for my EEA2 RC they reject my application and send it back to my solicitor he then ask for more evidence and re-submit the application they send me COA in October 2012 so i keep waiting on my RC today they send me a letter that they have refuse my application because i did not send sufficient evidence to prove that my eu husband is self employed now i need to appeal to the court and i dont really know what evidence they need to prove that my husband is self employed and they send back my husband passport and hold my passport telling me to arrange to leave the country. I fainted 3 times today i keep crying i know it wont help but if any one can give me good advice i would really appreciate it. it seems to me my solicitor just keep think of money more money all the time now i need to go to court and i definately think i need a solicitor.

Well you haven't mentioned what, if anything, you provided as evidence of your husband's self-employment. That would be useful to the readers of your post if they are hoping to help you.

[quote="Lucapooka"]Well you haven't mentioned what, if anything, you provided as evidence of your husband's self-employment. That would be useful to the readers of your post if they are hoping to help you.[/quote]

Sorry i supplied photo copy of rent books for tenents
tax self assessment letter showing he paid tax
his and mine passport and marriage license

Lucapooka wrote:Well you haven't mentioned what, if anything, you provided as evidence of your husband's self-employment.

Garnering rental income is not an economic treaty right. If he is self-sufficient based on non-earned income you need to show this and that you both have CSI.

[quote="Lucapooka"][quote="Lucapooka"]Well you haven't mentioned what, if anything, you provided as evidence of your husband's self-employment. [/quote]

Garnering rental income is not an economic treaty right. If he is self-sufficient based on non-earned income you need to show this and that you both have CSI.[/quote]

sorry luca what does abbreviation CSI means please

It means compreshensive sickness insurance. I think it would help if you could post the exact wording of the refusal by the UKBA. What is your partner's nationality?

[quote="Lucapooka"]It means compreshensive sickness insurance. I think it would help if you could post the exact wording of the refusal by the UKBA. What is your partner's nationality?[/quote]

My husband is maltese national they say insufficient evidence and out of date rent books and photo copy of the rent books and they do not accept photocopies and out of date paper work but they dont realised that renting tenants come and go especially when you are renting rooms in a share house.

nanny wrote::cry: i am an illegal immigrant and i got married to my husband last year march i applied for my EEA2 RC they reject my application and send it back to my solicitor he then ask for more evidence and re-submit the application they send me COA in October 2012 so i keep waiting on my RC today they send me a letter that they have refuse my application because i did not send sufficient evidence to prove that my eu husband is self employed now i need to appeal to the court and i dont really know what evidence they need to prove that my husband is self employed and they send back my husband passport and hold my passport telling me to arrange to leave the country. I fainted 3 times today i keep crying i know it wont help but if any one can give me good advice i would really appreciate it. it seems to me my solicitor just keep think of money more money all the time now i need to go to court and i definately think i need a solicitor.

It would appear from other posters that demonstrating that an EU citizen is self-employed may not be as straight-forward as it ought to be.

There are three ways in which an EU national can exercise treaty rights:

Worker (inc self-employed)
Self-sufficient (means has enough income not be become a burden on the host state and has comprehensive sickness insurance)
Is a student (also requires CSI)

If your spouse is doing one of the above three things in the UK, then you are entitled to be with them.

If for some reason it is difficult to demonstrate self-employed status; you could consider applying on the basis of self-sufficiency. Both of you would require CSI. There would be no need for you to have to leave the country.

[quote="EUsmileWEallsmile"][quote="nanny"] i am an illegal immigrant and i got married to my husband last year march i applied for my EEA2 RC they reject my application and send it back to my solicitor he then ask for more evidence and re-submit the application they send me COA in October 2012 so i keep waiting on my RC today they send me a letter that they have refuse my application because i did not send sufficient evidence to prove that my eu husband is self employed now i need to appeal to the court and i dont really know what evidence they need to prove that my husband is self employed and they send back my husband passport and hold my passport telling me to arrange to leave the country. I fainted 3 times today i keep crying i know it wont help but if any one can give me good advice i would really appreciate it. it seems to me my solicitor just keep think of money more money all the time now i need to go to court and i definately think i need a solicitor.[/quote]

It would appear from other posters that demonstrating that an EU citizen is self-employed may not be as straight-forward as it ought to be.

There are three ways in which an EU national can exercise treaty rights:

Worker (inc self-employed)
Self-sufficient (means has enough income not be become a burden on the host state and has comprehensive sickness insurance)
Is a student (also requires CSI)

If your spouse is doing one of the above three things in the UK, then you are entitled to be with them.

If for some reason it is difficult to demonstrate self-employed status; you could consider applying on the basis of self-sufficiency. Both of you would require CSI. There would be no need for you to have to leave the country.[/quote]


Can you please tell me what company is best to get the CSI with please i did a quote with aviva, bupa they are quoting 200 pounds per month

I'm sorry, I don't know prices or what the UKBA consider to be acceptable. You could start a thread on this specific subject (ie keep it to just that). There are other posts on that subject, but can't locate them just now.

I disagree. Please continue here. The subject has not changed and nor should the thread. Furthermore, you still have not confirmed the precise reason for the refusal and if it's due to a lack of CSI, getting it now will not help with an appeal. You would need to make a new application.

nanny wrote: my husband is applying for me as a business for renting rooms in our house they accept the rent books but they want to see invoices does any one know how i can do these invoices or where to get them from.
or do i just buy an invoice book fill in the money they pay for deposit and send that original to them will that be the invoice they need

help HELP i have a court appeal im trying to come up with as much things as possible please.

Rental income is not employment or self-employment. This is not an economic treaty right and would fall under self-sufficiency. You are wasting your time appealing as the need for CSI would have been required in the original application. You need to re-apply on the basis of self-sufficiency with comprehensive sickness insurance for both of you.

Do bear in mind that so far, as a self-sufficient person without CSI, none of the time your partner (and therefore yourself) have thus spent in the UK can be counted towards permanent residency. The moment you both get CSI, the residency clock will begin.

[quote="Lucapooka"]It means compreshensive sickness insurance. I think it would help if you could post the exact wording of the refusal by the UKBA. What is your partner's nationality?[/quote]


Hello lucap its me again you were very right i think my husband comes under self sufficient can you please tell me all the documents that you think i need to prove self sufficient please remember he owns his own house out right no morgage.. we are bringing the land registery paper to proof,plus comprehensive sickness insurance, the rental income is 15,600 per year.
the rent books to prove the rent weekly?
Tax paid and proof of payment.
Proof of where we advertise the rooms. Estate agent letter.

My only worry is he only have 1200 pounds in his halifax account do you think that will be a problem..
also he has a ISA account with 5000 pounds
Does my name need to be on his bank account?

Your husband would be deemed to be self-sufficient if he has sufficient funds not to become a burden on the social assistance system and has sickness insurance for himself and his family members. No fixed amount of resources can be imposed; it is a fact or it is not. Resources does not have to be liquid assets (money).

[quote="EUsmileWEallsmile"]Your husband would be deemed to be self-sufficient if he has sufficient funds not to become a burden on the social assistance system and has sickness insurance for himself and his family members. No fixed amount of resources can be imposed; it is a fact or it is not. Resources does not have to be liquid assets (money).[/quote]

thanks for your message so does all the stuff i list above ok to prove self sufficient?

[quote="nanny"] i am an illegal immigrant and i got married to my husband last year march i applied for my EEA2 RC they reject my application and send it back to my solicitor he then ask for more evidence and re-submit the application they send me COA in October 2012 so i keep waiting on my RC today they send me a letter that they have refuse my application because i did not send sufficient evidence to prove that my eu husband is self employed now i need to appeal to the court and i dont really know what evidence they need to prove that my husband is self employed and they send back my husband passport and hold my passport telling me to arrange to leave the country. I fainted 3 times today i keep crying i know it wont help but if any one can give me good advice i would really appreciate it. it seems to me my solicitor just keep think of money more money all the time now i need to go to court and i definately think i need a solicitor.[/quote]

can some one please tell me what documents i need to prove self sufficient please

No one can tell you exactly what documents you need to provide for your individual case. You need to demonstrate that you have sufficient funds / income to live on. The exact amount will depend on your individual circumstances.

[quote="EUsmileWEallsmile"]Your husband would be deemed to be self-sufficient if he has sufficient funds not to become a burden on the social assistance system and has sickness insurance for himself and his family members. No fixed amount of resources can be imposed; it is a fact or it is not. Resources does not have to be liquid assets (money).[/quote]

Thank you Eusmileweallsmile
For your advice i drop the solicitor, he is not happy and want money, i appoint a new solicitor and we are sending in a new application to home office my husband got his CSI, he has £1200 pounds in his usual account and he add my name to the account, 5000 in his ISA account and he paid his taxes like he always does every year so. he owns his own house out right no mortgage which is worth about 2.5 million pounds the house we live in.

Do you know if i need any thing else to prove my husband self sufficient?

How do you pay for your everyday needs? I suggest you make a list of your outgoings and compare it to your income.

Example

Food
Clothes
Electricity
Gas
Council Tax

Total - £x / month

Income / savings

Total - £ y / month

[quote="EUsmileWEallsmile"]How do you pay for your everyday needs? I suggest you make a list of your outgoings and compare it to your income.

Example

Food
Clothes
Electricity
Gas
Council Tax

Total - £x / month

Income / savings

Total - £ y / month[/quote]

Thank you very much

[quote="EUsmileWEallsmile"]How do you pay for your everyday needs? I suggest you make a list of your outgoings and compare it to your income.

Example

Food
Clothes
Electricity
Gas
Council Tax

Total - £x / month

Income / savings
Can you please tell me what to put in covering letter please.
Total - £ y / month[/quote]