EEA 2 AND EEA 1 REFUSAL (SELF EMPLOYMENT AGAIN)

[ikgo]

Okay so some of you read my old post about refusal for EEA 2 here is a quick recap

Okay my story

Application made for a residence card via EEA 2 application on December 11th and my application was refused on 31st January 2014.
Reason for Refusal- whilst it is accepted that you EEA FAMILY member has been making regular N.I contributions they have not provided sufficient evidence that he/she is economically active in the united kingdom at the time of your application .

My wife was also refused Registration certificate.

My applications supporting documents are
- Marriage certificate
-6 Months Bank Statement
-HMRC National Insurance Contribution
-HMRC Corporation tax letter
-HMRC Online self assessments
- Accountant letter
-Company Reports and Accounts
-Invoices.

From what i can see UKBA does not understand my wife's company and how business is been conducted.This is because, in the 6 months bank statement I presented to them, it clearly shows payments to account generated via business activities.
Okay so they have given me right to appeal.. Which is better Oral or Written?? Has anyone got experience... unfortunately my appeal was out of time because the judge says he did not receive my notice of immigration decision and he didnt here my appeal. home-office didn't send out that letter on time................

Fast forward today.

I reapplied on the 9th of June received my COA on the 19th of June and received a refusal on the 2nd of August.

Reasons for refusal
The application have been refused due to lack of substantive evidence concerning the self employment of the EEA national.You have stated you are self employed you have submitted evidence of your self employment however this pieces of evidence are deemed insufficient.Most of the evidence that are included in this application are photocopies our department does not accept photocopies of original documents in addition there is no way of verifying invoices provided . We would expect to see business bank statements as evidence of business activities they will also corroborate the invoices you provided.we would expect to see substantive evidence of tax and N.I paid also of advertisement made for the business..

Documents submitted to support EEA1 AND 2Marriage certificate
-6 Months Bank Statement
-HMRC National Insurance Contribution
-HMRC Corporation tax letter
-HMRC Online self assessments
- Accountant letter
-Company Reports and Accounts
-Invoices
N.I CONTRIBUTION PAID(2 YRS WORTH)
web page adverts
google page
face book pages
twitter
thomson local
fliers
one month business bank account
paypal invoices
communication with paypal to set up pay pal pro..

list goes on..... I have appealed and ive chosen to go oral.. only i and my wife will be attending.. Please i do need advice and timelines of appeal process.. also any advice on how long the hearing is as i want all info on deck

[Imshzd]

Okay so some of you read my old post about refusal for EEA 2 here is a quick recap

Okay my story

Application made for a residence card via EEA 2 application on December 11th and my application was refused on 31st January 2014.
Reason for Refusal- whilst it is accepted that you EEA FAMILY member has been making regular N.I contributions they have not provided sufficient evidence that he/she is economically active in the united kingdom at the time of your application .

My wife was also refused Registration certificate.

My applications supporting documents are
- Marriage certificate
-6 Months Bank Statement
-HMRC National Insurance Contribution
-HMRC Corporation tax letter
-HMRC Online self assessments
- Accountant letter
-Company Reports and Accounts
-Invoices.

From what i can see UKBA does not understand my wife's company and how business is been conducted.This is because, in the 6 months bank statement I presented to them, it clearly shows payments to account generated via business activities.
Okay so they have given me right to appeal.. Which is better Oral or Written?? Has anyone got experience... unfortunately my appeal was out of time because the judge says he did not receive my notice of immigration decision and he didnt here my appeal. home-office didn't send out that letter on time................

Fast forward today.

I reapplied on the 9th of June received my COA on the 19th of June and received a refusal on the 2nd of August.

Reasons for refusal
The application have been refused due to lack of substantive evidence concerning the self employment of the EEA national.You have stated you are self employed you have submitted evidence of your self employment however this pieces of evidence are deemed insufficient.Most of the evidence that are included in this application are photocopies our department does not accept photocopies of original documents in addition there is no way of verifying invoices provided . We would expect to see business bank statements as evidence of business activities they will also corroborate the invoices you provided.we would expect to see substantive evidence of tax and N.I paid also of advertisement made for the business..

Documents submitted to support EEA1 AND 2Marriage certificate
-6 Months Bank Statement
-HMRC National Insurance Contribution
-HMRC Corporation tax letter
-HMRC Online self assessments
- Accountant letter
-Company Reports and Accounts
-Invoices
N.I CONTRIBUTION PAID(2 YRS WORTH)
web page adverts
google page
face book pages
twitter
thomson local
fliers
one month business bank account
paypal invoices
communication with paypal to set up pay pal pro..

list goes on..... I have appealed and ive chosen to go oral.. only i and my wife will be attending.. Please i do need advice and timelines of appeal process.. also any advice on how long the hearing is as i want all info on deck

Definitely some think going wrong with your application.
You sent too much irrelevant documents.
What is the nature of work of your wife's self employment?

[ikgo]

She is a mobile beautician,the business expanded to a LTD company and she has one employee and company van. she aslo sells beauty products from the website. I included all documentation asked for, and also proof of advertisment, she gets most of her orders online so i included methods on how she carries out her advistisment

[Obie]

Well that should prove genuine self employment activity.

The time line for appeal varies depending on the region of the UK that you reside.

[ikgo]

We live in Hertfordshire.. Whats the appeal hearing like?

[Obie]

It may be Hatton Cross or Wales.

It will be better if you went to Hatton cross, but they are part of the London catchment area that has slight delay.

They will get back to you in a couple of weeks with your notice and you will get a clearer picture.

[ikgo]

Thanks for your reply obie. I appealed online yesterday and gave the grounds of appeal and then also sent notice of immigration decision for both me and my wife. hope this is enough documentation for now as i have opted for oral hearing

[Obie]

Yes it is fine for now, and then you will be required to serve a bundle and skeleton for UK A to consider before hearing.

Sometimes the consider before appeal and withdraw, other occasion they don't.


Sometime when they know they failed in one aspect the go for the relationship by seeking to discredit it's genuineness , so you have to prepare for all those possibilities.

[ikgo]

thanks obie.. I will keep the forum updated on all things

[ikgo]

Hello every one I finally got my appeal hearing date to be the 21st of October. please i need advice from peeps on self employment appeals.. How long it takes? and documentation i have to prepare also what kind of questions does the presenting officer ask.

Thanks for all your help forum .. Im believing it will work out

[ikgo]

to obie and the good people of this forum, the appeal was heard on the 21st of October and I won. Determination was received on the 12th of November , promulgated on the 10th of November. iM STILL WAITING FOR MY R.C AND WIFE'S BLUE CARD. I have called them alot and they keep giving me conflicting information.

Time Line
EEA 2 AND 1 APPLIED- 9TH JUNE 2014
APPLICATIONS REFUSED- 31ST JULY
APPEALED
ORAL HEARING DAY- 21ST OCTOBER 2014 (BIRMINGHAM)
APPEAL WON -DETERMINATION 10TH NOVEMBER 2014
R.C AND BLUECARD-???? STILL WAITING