URGENT...EEA 1 and EEA 2, Refusal....an option to appeal

[sham]

Dear all,

We are a couple of EU (Dutch) and non EU. the EU is working in the UK, we applied for EEA1 and EEA2 around October, by sending all the required documents, then around Dec they asked us for the last 2 months bank statement with another employer's letter which we sent....after that we call to check that everything is fine and we were told yes and that no additional were required so far. Until yesterday when we received a refusal for both our application with 2 notice of appeal (bearing our names) within the next 10 days.
My family permit visa expired while my passport was at the home office, so i have been told that i (the non-EU) have either to appeal or to leave the country.
My wife (EU national) is still working.
p.s: there were lies in the reasons for refusal, for example:

• They say that we didn't send the most recent pay slip when we sent the 2 months bank statement, because in the letter they didn't ask for any pay slip.

• That they called the office many time and asked about my wife, and that her colleague said that she no longer work there, and they only called once, and they asked for my wife manager not my wife, and nothing mentioned at all about my wife at that call.

So please what should I do and how?

1- appeal, and how long does it take?
2- re-Apply, can i do it immidiatly or should i wait for a certain time?

[thsths]

We are a couple of EU (Dutch) and non EU. the EU is working in the UK, we applied for EEA1 and EEA2 around October,

Are you married? If so, your case is clear cut, and I do not understand why the Home Office would make such a fuss.

Until yesterday when we received a refusal for both our application with 2 notice of appeal (bearing our names) within the next 10 days.

I guess you should appeal then. While the appeal is being processed, you can stay in the country, but you may have to ask for that specifically. I don't think a new application would have the same effect.

p.s: there were lies in the reasons for refusal, for example:

You have to be careful here, they usually give a lot of reasons just to be covered, but there is one that is considered ground for refusal. You have to find this one reason. If you are not sure, maybe you should give all the reasons here.

And now comes my private opinion, you may want to clarify this with a solicitor.

a) I think the whole business of asking for "recent" documents is useless. The decision should be based on the situation at the time of application. Asking for further evidence is fine, but only if it relates to the time of application. They should never be able to hold the delay in processing against you.

b) A phone call with the employer should not be reason for refusal. It is easy to mispronounce a name, or to overlook something. They would require a written statement for the personnel department to refuse the application.

c) If you think that the caseworker did not exercise due care (e.g. not asking for the payslips), you should also ask for your legal costs to be paid by the Home Office. You may even be able to get compensation, if you can prove a loss.

d) In the appeal, you have a lot of freedom. You can question the procedures leading to the refusal, you can bring new evidence about the situation in question, and you can also include new evidence about your current situation. But you have to cover all the reasons listed (that explains why they give more than one).

1- appeal, and how long does it take?

I cannot tell you this, but I would expect a few months. Since a new application would also take about 5 months, I guess there is not much difference either way.

Oh, and if you think serious mistakes were maid, you should certainly complain. You have to address your complaint to the Home Office first. The next step would be to launch a formal complaint with the European Commission. Since they are already weary about the Home Office, I am sure they would be interested in your case. You can also go to your MP, but you have to tell him if another complaint is still pending.

[sham]

First of all thank you thsths for ur full reply.

1- We are a married couple, since almost 2 years.

2- I thought my wife can re-apply for EEA1 over the counter, so she can have it the same day then i re-apply for EEA2 ( but I’m not sure about that because my family permit is expired and i'm not sure if i can re-apply after being refused )

3- Regarding the points under ur private opinion:
a- my wife started work in the end of July so when we sent the pay slips for July Aug and Sep, the tax and NI payments weren't regular. i guess this is why they asked for the 2 month bank statement for Oct- Nov but didn't ask for the pay slip of Oct, which later was stated as a reason for refusal ( that we failed to send them the pay slip of Oct), bearing in mind that Tax and NI payments were paid regularly and that is stated on the new pay slips.

b-they did ask my employer for a second letter, which he sent stating that my wife is working for him (another reason for refusal: that the letter wasn't dated)

c- I have the home office letter where they asked for the 2 month bank statment, nothing about the pay slip of October

d- For the appeal do u think I should ask for oral hearing, or is it enough just to send all the evidences i have (including the last home office letter)

And at the end of the appeal does the court give a final decision, or do they send all the documents again to the home office?

[thsths]

1- We are a married couple, since almost 2 years.

This is really weird then. Your case is as clear cut as it could be. I would certainly recommend that you use every possible option to complain. I cannot hurt your case, but it may potentially help. Note that a complaint at the Home Office may take a few months. This in itself is a reason to complain to the European Commission, and while you do that, you can also include your other issues.

2- I thought my wife can re-apply for EEA1 over the counter, so she can have it the same day then i re-apply for EEA2 ( but I’m not sure about that because my family permit is expired and i'm not sure if i can re-apply after being refused )

If it is not too much hassle, that would be a good idea. But you need to get an appointment, travel to London, and it is not certain that the application will be decided on the day. You can certainly appeal with or without the registration certificate.

a- my wife started work in the end of July so when we sent the pay slips for July Aug and Sep, the tax and NI payments weren't regular.

Tax and NI has nothing to do with it, and anyway they should be used to the fact that you use up your allowance first.

b-they did ask my employer for a second letter, which he sent stating that my wife is working for him (another reason for refusal: that the letter wasn't dated)

So they contacted the employer, and the employer confirmed that your wife is working? Dated or not, that is obviously not a reason for refusal.

d- For the appeal do u think I should ask for oral hearing, or is it enough just to send all the evidences i have (including the last home office letter)

I cannot help you with the legal technicalities, unfortunately. If you are not sure, you should get professional legal help. If you do not want to spend money on a solicitor, you should contact the EU Solvit service. Say the case is urgent, and you should have a response within a few days.

Now the most important thing is that you understand the reasons for the refusal, and that you prove they are wrong. I would strongly recommend that a professional checks your appeal against the refusal letter. Any mistake you make at this point could be very difficult to correct.

One more hint: you should make a freedom of information act request to the Home Office. They need to give you a copy of all the personal information they hold, which basically means a copy of your file. This may be useful for the appeal, although it is not certain that it will arrive in time.

And you may want to check the law, if you feel confident with it: http://www.bia.homeoffice.gov.uk/siteco ... dlaw/ecis/ . One warning though: this is a weird mixture of civil and common law, and it is not always easy to understand.

And at the end of the appeal does the court give a final decision, or do they send all the documents again to the home office?

I think you will get a notification. But to be honest, I would not be surprised if the Home Office does not submit a case, because it sounds like they do not have one.