eea family permit after the appeal

peace881 · Post by **peace881** » Fri Jun 24, 2011 1:37 pm

hello
how are you guys im new in this fourm i will be glade if i can be able to help other people and would love if other people help me as well
i have a question im non eu family member of bulgarian citizen
we went to the uk first time last year on june from bulgaria since i have resident card in bulgaria i extend every year

i applied for the eea family permit and i got it and we went we worked for hospitality agency and we applied for national insurance number and got it and she applied for the utr number which is tax number for self employed people and she got it and she pay all her national insurance contribution
we applied together for registeration certificate for her as self employed and resident card for me after 5 month we were refused based on she is required to work standards hours so they are not satisfied she is self employed alot of ther bulgarian and romanian were refused as well we appealed and after two month we left the uk since it would take alot of time for the appeal and we send mail to the tribunal told them we left the uk
now we are in bulgaria from two month and we wanna go again to the uk i applied for the eea family permit and provided all the documents and letter to explain whats happened the plan is she is going to join school which will be easier for her to work as employee 20 hours and i will apply again for the resident card and this time she will apply in croydon in lodnon better than waiting 5 month
so my question to you is there is any chance we get refused for the eea family permit however we provided all the documents and letter to explain

i hope if someone has informations about the eea family permit
we came to bulgaria cause we couldnt wait one year for the appeal and we had to extend my resident card in bulgaria they issue it for one year in bulgaria
i will be glade to hear your ideas
thanks

peace881 · Post by **peace881** » Mon Jun 27, 2011 7:46 pm

can someone help me please with any information im still waiting for the family permit in bulgaria thank you

Post by **Directive/2004/38/EC** » Tue Jun 28, 2011 2:04 am

Why do you think you might get refused?

peace881 · Post by **peace881** » Tue Jun 28, 2011 12:11 pm

hello
thank you very much for responding to me
from what i understand that i shouldnt be refused but actually i was shocked when they refused our application when we were in the uk based on the fact that they are not satisfied my wife works as self employed and to be frank they even refused other people from romania as well were working with us in the same hotel through this agency but the romanian they could leave the country even while their application was being processed but for me i need another family permit it just we could not wait for the appeal to be one year thats what the tribunal said it takes from 3 month to one year and we appealed cause we didnt do antyhing wrong beside my wife paid national insurance contribution as self employed so we didnt expect her to be refused
now we want to start again but she will study and work part time as self employed and we will apply again but can they refuse based on the fact we didnt wait the appeal we sent with all the paper letter to explain that my wife will start to study there and thats it
is there is any restriction for her as bulgarian to start study after she was refused as self employed this what we wanna understand which i believe she can but can i get the family permit again and we apply again
thanks alot

Post by **Directive/2004/38/EC** » Tue Jun 28, 2011 12:39 pm

peace881 wrote:they refused our application when we were in the uk based on the fact that they are not satisfied my wife works as self employed and to be frank they even refused other people from romania as well were working with us in the same hotel through this agency

Self employed is a very specific kind of work. It sounds, from what you write, a bit like she was not self employed (note that

Your wife can definitely come to the UK as a student. She should be able to also work while in the UK, though I am not fully aware of the restrictions on Bulgarian and Romanians right now.

Working as an employee? It is easier to demonstrate to UKBA that she is a "worker". A letter from the employer will suffice.

Working as self-employed? The evidence needed is more onerous. UKBA suggest tax filings and letters from accountants I think.

peace881 · Post by **peace881** » Tue Jun 28, 2011 1:18 pm

so regardless of the refusal befor from the home office we can go there again and i should get the family permit we didnt provide any information in the application for the eea family permit which school she will be joining but we will go and apply from there so is that should be fine .but we did explain she will be join school and we provided alot of informations and documents

thanks alot i really appreciate your help

Post by **Directive/2004/38/EC** » Tue Jun 28, 2011 1:36 pm

Please do not write everything into one long sentence. It is very difficult to understand. Periods are your friend.

What exactly was your wife applying for previously that she was rejected for?

peace881 · Post by **peace881** » Tue Jun 28, 2011 3:32 pm

sorry about that

we applied together she for br1 registeration certificate as self employed
me br5 resident card we provided all the necessary documents letter

from accountant national insurance number national insurance contribution from
the hmrc etc we called alot of time the home office to know why it takes so

long they said we have to wait. i forgot to mention me and my wife we working together she is self employed me as employee

the only diffirence is she pay her own taxes by herself me the agency
deduct the taxes from my payslips
when my family permit expired the agency stopped me working cause i
didnt recieve anything to prove i applied except the receipt from the postoffice
my wife sent letter to the home office to complaint this was after 5 month waiting
finally they sent refusal letter that they are not satisfied she is self employed cause she is required to work as employee
this is home office point of view we talked to a laywer
they said they are wrong and she is self employed
and we appealed but we had to come back to see her family in bulgaria

and extend my resident card in bulgaria. bulgaria issue the resident
card for one year and the extension every year so we came back and

we called the tribunal we told them we left the country we gave them our new adress in bulgaria and now we want to come back she will join
school and exercise her treaty rights as student which will be easier
for sure than self employed so basically thats it

so i applied again for the eea family permit and i provided a letter
explained whats happened.
we came back from the uk like 3 month ago

i read on uk border agency website that anyway i dont need to
apply for resident card under the european rules this is only
to confirm my rights of resident but if i leave the uk i have to apply again
for family permit in order to guarantee readmission as the family member of a qualified EEA national

http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/

i dont understand that part (qualified person) she is going to study anyway
can you help me please to clarify this case

thanks alot

Post by **Directive/2004/38/EC** » Tue Jun 28, 2011 3:39 pm

Correct me if I am wrong:

(1) You and your wife are presently in the UK
(2) You have an EEA Family Permit
(3) You wife is a student presently in the UK
(4) You want to apply for a Residence Card

Is this all correct?

peace881 · Post by **peace881** » Tue Jun 28, 2011 6:51 pm

im sorry if you have difficulty understanding me

now we are in bulgaria
i applied last year for eea family permit from bulgaria and got it
we went together to the uk last year we spent 8 month

my wife was working as self employed for hospitality agency
was refused so they refused my application as well

we appealed but after that we came back to bulgaria

we want to go again so i appled for the eea family permit again and im waiting

our plan she will join study courses there and apply again for registeration
certificate as student and i will apply again for resident card

Post by **Directive/2004/38/EC** » Tue Jun 28, 2011 6:59 pm

Sounds good. Let us know how it develops...

Post by **Directive/2004/38/EC** » Tue Jun 28, 2011 7:25 pm

See http://eumovement.wordpress.com/2010/09 ... ber-state/ about studying

peace881 · Post by **peace881** » Tue Jun 28, 2011 8:36 pm

thanks alot for you help i will let you know once i recieve answer

peace881 · Post by **peace881** » Sun Jul 03, 2011 10:43 pm

thanks for your help
i recieved my eea family permit
i didnt have any problems and it was issued quickly
thank god for that and thanks for your help

moonpearl · Post by **moonpearl** » Tue Jul 05, 2011 3:49 pm

Hi am Bulgarian my husband is non EEA national we were both flight attendants working in the same airline we speak four languages. We know each other since 2006, we went into relation 2007,and we get married 2008.On mid of 2009 I went to UK and started NVQ2 Professional Cookery. I study and work as Chef for 12 months. On 2010 I apply and received my Registration Certificate. Now I back to Bulgaria, we apply for EEA family permit for my husband, so he can come with me back to UK because I want to complete NVQ3 for pastry chef. After we submit all the required documents as on the Home Office guidance pages. We have been refused because "I am not having any genuine chance of being engaged in the UK" , am not Qualified person and my marriage is marriage of convenience.

How come am in marriage of convenience and we been (MARRIED THREE) years.
How come am not having any genuine chance of being engaged in the UK and I am holding registration certificate ( THE BLUE CARD ).
And which regulation write that I am not qualified person.
Me and my husband we read all the Home Office pages and VERSION
OF THE TREATY
ESTABLISHING THE EUROPEAN COMMUNITY and The Immigration (European Economic Area) Regulations 2006. and the IMMIGRATION DIRECTORATES' INSTRUCTIONS
CHAPTER 7 SECTION 3
EEA NATIONALS & THEIR FAMILY MEMBERS
And many websites regarding our EEA family permit in general.,
Can some one give advice?

Post by **Directive/2004/38/EC** » Tue Jul 05, 2011 4:22 pm

moonpearl,

I suggest you start up a separate thread so that you can put in all the details and see what people have to say...

Immigrationboards.com: Immigration, work visa and work permit discussion board

eea family permit after the appeal

eea family permit after the appeal

EEA FAMILY PERMIT