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EEA2&EEA3 REFUSED
Posted: Sat May 25, 2013 8:57 am
by chinouk
hI GUYS, after 4 months of waiting, out EEA2 AND EEA3 applications both have been refused. I was so angry after reading the refusal letter. My partner was self-employed for 5 years but switched to limited company last summer, we applied him as company director and submit all supporting documents. he also applied eea3. The case worker refused us because for me we did not provide information to prove he was self-employed at the time of application, which are not true. Now I got right to appeal.
I would like some advices, should I ask for reconsideration or appeal? which is easier? how is the appeal process? they did not enclose any form for me to appeal. should I get a solicitors at this stage? I would resubmit again, but really dont want to wait for other 5 months.
and one more thing, the HO keep my passport and asked me to leave, as my current visa has expired. Do I really need to leave?
Thanks
Posted: Sat May 25, 2013 3:03 pm
by sheraz7
you can read about the supporting evidences for self employment here:
http://www.immigrationboards.com/viewtopic.php?t=105916
Posted: Sat May 25, 2013 3:40 pm
by chinouk
Thanks Sheraz7, as the home office kept my passport and asked me to leave the country. should I really need to leave or I can re-apply as soon as I can?
Thanks
Posted: Sat May 25, 2013 4:10 pm
by sheraz7
Are you a married couple?
How long your EEA national partner is living in uk and what she has been doing since arrival.
Posted: Sat May 25, 2013 4:20 pm
by chinouk
we are in the civil partnership, we registered in November 2012 after living together for 2.5 years. he was self-employed between 2007 and 2012, and limited company director since April 2012.
I think maybe its the joint application confused the CASE WORKER, the documents all put together. i clearly applied section 6 on the form as he is in full time employment and provided necessary information. we reckon that my partner did not provide necessary information to prove his 5 years self-employed status, but they should not refused me, they stated that I applied him as self-employed which not true.
I dont mind to re-apply again, just not sure if I can still stay as they kept my passport, how can I get it back?
Posted: Sat May 25, 2013 4:32 pm
by sheraz7
It must be a standard refusal letter. With correct documents you can either appeal or re-apply with a covering letter explaining regarding passport. But re-applying will consume same processing time like a new application.
Posted: Sat May 25, 2013 4:43 pm
by chinouk
yes. it said the application has been refused as I do not have a basis of stay in the UK under EEA regulation 2006.(my last visa expired Feb 2013). the passport has been pass to local immigration team and asked me to contact them for departure.
im entitled to appeal this decision ( but they forgot to attach the form), I need to fax them send the form to me.
they also said if I consider i have a right to reside in the UK as a matter of European Law then can submit necessary information, then submit a further application for consideration.
I was thinking to ask my passport back not sure if they will give to me. i think the appeal process about 2 months now, would rather just re-apply again. just not sure how to deal if enforcement team coming to my house.
any suggestion?
Posted: Sat May 25, 2013 4:44 pm
by chinouk
Im also not so sure the different between appeal or re-apply. Do I allow to add more information or documents for appealing?