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EE2 refused, tips to get an immigration solicitor for appeal
Posted: Sat Nov 23, 2013 5:08 pm
by Talita
Hi, i just got the bad news today that my EE2 was refused on the grounds that my husband is not exercising treaty rights, even though I filled in the information of his company and they signed and stamped the application.
I'm going to appeal as, from what I read, is the quickest path but now I'm worried to do it by myself. I'm going to try and get an immigration lawyer, even though it really upsets me that instead of paying £55 pounds I will have to pay £750-£1.000. So some of my questions are:
1. Is this the normal price? I've seen this in one website but it seems so much money.
2. The company of the immigration lawyer/solicitor need to be registered with the OISC? Would it be better?
Thanks in advance, I will appreciate any help.
Posted: Sat Nov 23, 2013 5:19 pm
by Jambo
What was the exact wording of the refusal. Is your husband employed or self employed? What evidence have you to used to show he is employed.
Posted: Sat Nov 23, 2013 5:21 pm
by Obie
What was the reason for refusal?
You dont necessarily need to do an appeal with a Solicitor, you can do it yourself, except your case can be categorised as complex.
Posted: Sat Nov 23, 2013 5:45 pm
by Talita
"You have stated that your EEA family member is employed however you have failed to provide any evidence to show that your EEA family member is currently exercising treaty rights."
He is employed. In the EE2 form you can read: 6.9- Please either ask your EEA national family member’s employer to complete the Employers declaration below or you can provide at least one of the pieces of evidence listed below in 6.10.
So I chose to fill the Employers declaration, where his company signed and stamped the application. I didn't provide anything else as I thought if they say EITHER then I have a choice and don't need to provide both.
Posted: Sat Nov 23, 2013 5:48 pm
by Obie
You are required to provide payslips and/or contract of employment.
Perhaps it may be best to ask for reconsideration in these circumstance, providing evidence like payslips and cintract of employment.
Posted: Sat Nov 23, 2013 5:56 pm
by Talita
Thanks for the answer, how do I ask for reconsideration? They don't mention this option in here, the only thing I have is an appeal form.
And it is a shame that they require that but use wording that says otherwise (Either/or).
Posted: Sat Nov 23, 2013 6:33 pm
by Jambo
Follow
this thread to read about
reconsideration. It would be the quickest and cheapest way to sort it out.
Posted: Sat Nov 23, 2013 7:07 pm
by Talita
That was great info. As I need to send the appeal within 10 business days I will send an appeal but will send a reconsideration letter as well.
I'm only confused now on where to send the reconsideration letter. They have said: 'Your documents have been retained and responsibility for your case has now been passed to your local immigration team'. And said I can contact them by phone to arrange my departure. So they didn't provide me with an address to where my application is. I will try and call that number monday but I'm afraid they won't answer me if I'm not calling to arrange departure..
Posted: Sat Nov 23, 2013 8:13 pm
by Imshzd
That's totally against their own policy.
Posted: Sat Nov 23, 2013 8:17 pm
by Imshzd
Imshzd wrote:Don't panic.nothing can happen as long as your EEA national partner is a qualified person.
What I understand that your husband is a director of his own company?
Company letter or stamp and deceleration on the form is enough for RC.
which documents HO retained?
For how long you have been married?and what was your status at the time of your application?
Posted: Sat Nov 23, 2013 8:18 pm
by Jambo
Talita wrote:That was great info. As I need to send the appeal within 10 business days I will send an appeal but will send a reconsideration letter as well.
I'm only confused now on where to send the reconsideration letter. They have said: 'Your documents have been retained and responsibility for your case has now been passed to your local immigration team'. And said I can contact them by phone to arrange my departure. So they didn't provide me with an address to where my application is. I will try and call that number monday but I'm afraid they won't answer me if I'm not calling to arrange departure..
The reconsideration letter (with the additional evidence) should be sent to Liverpool to the attention of the case worker who handled your case. You should have his name or team code (normally starts with LNC) in the refusal letter (as well as the Liverpool address).
Posted: Sat Nov 23, 2013 8:29 pm
by Talita
Answering Imshzd
No, my husband is not the director.
Documents submitted:
- My non-eu passport
- My husband's passport
- Marriage certificate
Document retained:
- My non-eu passport
Proof that he is working: As I mention before on the item 6.9 of the EE2 form they say I can either fill the form and ask for company's signature and stamp or to send other documents(payslips, contract etc) that's why I didn't send those documents.
We've been married since June, my previous visa expired in September.
Posted: Sat Nov 23, 2013 8:38 pm
by Talita
Thanks Jambo!
I think i got it, there is a name and signature at the end, followed by a code (which probably is the team code you mentioned) and the liverpool address is at the start on the top.
Just a last question, what about the line where they say my documents have been retained and responsibility for my case has now been passed to my local immigration team? Doesn't that mean that my application is no longer with the people that sent me the letter?
Posted: Sat Nov 23, 2013 9:10 pm
by Jambo
Talita wrote:Thanks Jambo!
I think i got it, there is a name and signature at the end, followed by a code (which probably is the team code you mentioned) and the liverpool address is at the start on the top.
Just a last question, what about the line where they say my documents have been retained and responsibility for my case has now been passed to my local immigration team? Doesn't that mean that my application is no longer with the people that sent me the letter?
I doubt the HO are so efficient so I suspect they still got your documents in Liverpool and if not, they could always ask them back from the enfcement team.
Posted: Sat Nov 23, 2013 9:14 pm
by Talita
Ok, then. Thanks a lot Jambo!