How long does an appeal normally take?

[Marit]

Do anyone know how long a written appeal normally takes? Is there a time limit they must follow?

[Lucapooka]

Are you appealing a refusal of entry clearance or leave to remain?

[Marit]

A refusal

[Lucapooka]

No kidding! Can you now give a complete answer to the question please?

[Marit]

sorry - it is a refusal of residence card as a member of an eea family member. my husband is Brazilian and I am Norwegian, and we both reside in the UK. we applied for his residence card because I am economically self sufficient, but it was rejected because I am employed in Norway (I have a home office).

[Lucapooka]

The reason for the refusal, as stated, makes no sense. Can you say what was the exact wording of the refusal notice. I say this because appealing a decision that is not worth appealing (because it is correct) is a waste of your time and it may be better to spend your time addressing and correcting the reason for the refusal instead of waiting for the same refusal again.

If you are working you need to declare your income to HMRC (as it's very likely that you are resident for tax in the UK). If you are not working and are economically self-sufficient, you need to have comprehensive sickness insurance for both you and your partner.

[Marit]

I am working in Norway but reside in the UK and have home office, and thus am self-sufficient. They misunderstood and thought I was actually living in my home country. I have insurance and sent it documents proving this. I also sent in bank statements and salaries, proving that I am self-sufficient, in addition to rental lease and letters proving my address in UK. UKBA also had my passport all the time, so they know I was not living/working in my home country all this time.

I have considered applying once more, but heard that this probably will take longer time. What do you reckon?

[Lucapooka]

You are not self-sufficient; you are either self-employed, or employed by an overseas company while you remain resident in the UK! You will have to declare your income to HMRC as you are certainly resident for tax purposes. Simply re-apply with the relevant information about your type of work and income.