EEA4 application declined - what next

[flip2000b]

Hi guys,

I am an Irish and Uk citizen and my wife came to live in the UK by exercising her rights as a married person to anEU national.

I made an application for permanent residence using the EEA 4 form and we have just had it returned back as declined. This surprised me as I was under the impression that once you have been granted the eea2 residence card I thought you didn't actually need to apply for the EEA 4 and we were just doing it to make things easier when travelling. They have declined it because we failed to show that I was employed and self sufficient for the previous 5 years after we missed out some bank statements etc. They have also said that we failed to show that I had fully comprehensive travel insurance for my whole family, which is what I was never even told we were required to have.

So my question is, do we reapply using the EEA4 form and get the bank statements etc that are needed (this May be a problem as I don't have access to my old banks as they have been closed). Do we appeal the decision or can we just say ok, we won't worry about permanent residence as we have the family permit and even though it has expired? Do we apply for EEA2 family permit again?

Another issue us that we were hoping it travel in the net couple of weeks. Will my wife get back in the country with an expired family permit in her passport and a certificate of application from the home office saying we are waiting to get new permits?

Any help greatly appreciated!

Thanks
Phil

[Imshzd]

Few more missed bank statements,not a big issue.
Would you like to write down the list of documents which you were submitted at the point of PR application?So we will deep look and advice you.
Travel back to uk with expired Family permit seems risky

[flip2000b]

Hi,

The reason for refusal letter states:

It is noted that you have provided no evidence of how your EEA Sponsor was excercising treating rights in Uk from 10 August 2009 to June 2014. Wages slips and employment letter provided only show employment from 31 October 2013 to 30 June 2014. You have indicated you have provided evidence of self sufficiency however bank statements October 2009 to nov 2010. You have failed to provide evidence that your EEA national was in possession of fully comprehensive medical insurance throughout yhis period for the whole family as required.

I sent it them wage slips for current employer plus letter of employment. Marriage certificates, birth certificates, notes for tax credits, child benefit etc but not recent bank statements. Obviously I can get some but as I said though this may be a problem as I don't have access to all previous bank accounts as they are closed. The other issue is that I have recently left my current job to go self employed and freelance in my profession but i have not paid tax etc on these new earnings yet (my previous employment finished February 2015).

If the above is going to cause an issue should I look at applying as a UK citizen rather than an Irish citizen? Am I able to look at the apply to remain in the uk with family visa even though all previous visas were EEA based?

Thanks in advance for your advice.

Regards
Phil

[flip2000b]

Just to add, from what I understand we can still travel as long as I am excercising my treaty rights, which means I will take 5 years of bank statements as well as our marriage certificate and our housing rental contract so we can come back in to the country? Or am I grossly misinformed!

Thanks
Phil

[Imshzd]

Out come of your application looks right as your documents were unable to meet the PR requirements.
You may apply another RC if you qualify or may check the eligibility of Irish citizenship.
Travel back outwith valid family permit depends on your nationality.

[flip2000b]

I hold a British and Irish passport. Can travel on either.

[Imshzd]

I hold a British and Irish passport. Can travel on either.

Yes then no problem at all

[flip2000b]

Thank you, hopefully we get through airports ok!