EEA2 - Insufficient evidence and need to travel

[hellrose]

I am Canadian and my husband is German. I applied for a residence card in April, never recieved a CoA.
When I asked for the passports back I received back my whole package including a letter dated June 20th (the day I asked for my passports back).

The letter states that the "application requires additional evidence in the following indicated area(s):
Evidence of Exercising Treaty Rights in the UK (D):"
It then goes into detail of 'If your sponsor is a jobseeker, If your sponsor is self employed'.. all widely known and general information, and then in the last paragraph it says "For EEA national sponsor please remember to enclose his latest pay slip/Tax.NI contribution when submitting the application."

I sent the following:
- Application form with Photos
- Marriage certificate
- Husband's birth registration
- My birth registration
- Husband's proof of residence : Tenancy agreement
- My proof of residence : Bank statement with address
- Husband's proof of funds: German bank statements from Mar 31st 2011 to Mar 29th 2012, with 97,562.14 Euros balance
- Health insurance letter and details of plan for both of us: Nordic Health Care Gold, includes outpatient coverage

I have two questions:

1. Given that I'm applying as self sufficient, what am I missing? The last paragraph confuses me as if the application is under self sufficient why do they want to see a payslip?
2. I have a family emergency I need to go back to Canada for. Will I have trouble getting back in the country if I leave at this point?

Please help, I'm not sure what else I could provide and not sure what to do.

[hellrose]

Thoughts, anyone?
Please help.

[Englandd]

Can you type the exact wording ukba written in the letter to you.
Have your german spouse excercised eu treaty rights on the basis of self employed or self sufficient?

[Jambo]

1. From the sounds of it, you got a generic letter which isn't necessary fit your application so I would not worry too much. It might be that your application has not even been checked before you requested the passport do they quickly reviewed it, added the letter and sent it back to you.

2. You should be able to re-enter the UK. Carry a copy of your marriage certificate and a copy of your partner passport (the bio data page). It should be enough to get you back in.

[hellrose]

Jambo, thank you for the reassurance. That's certainly what it feels like they did. I will go ahead and book my flight.

Englandd, the wording was pretty much a copy/paste of the guidelines in the application form and not specific to my application at all. I would type it all out but I think Jambo is right that it's just a generic letter. I will still type it if you think it helpful.
I applied on the basis of my husband being self-sufficient.

[Englandd]

Eea2 family permit is just merely a confirmation of right of residence for non-eea national but legally you are not bound for that under eu law.
Moreover, one key point is that the eea national should be self sufficient in other host eea country if eu treaty is excercised on self sufficient basis. All the resources enabling being self sufficient should be in host eea country under eu law. Having bank account/job payslips/etc actually held in that relevant host eea country comply with it.

[Jambo]

All the resources enabling being self sufficient should be in host eea country under eu law. Having bank account/job payslips/etc actually held in that relevant host eea country comply with it.

Could you please point out this requirement in the regulations? I'm not familiar with any requirement to have the funds in any specific place.

[Englandd]

The whole idea of self sufficiency come from the benefit system of the relevant state. The relevant state's benefit system always consider that what a person have inside this state by inconsidering what you have outside. Because at certain level of resources below which a person come on the shoulders of state benefits. That is why they always keen to 100% make sure the resources you have in that relevant host eea country. And as other forum mates already mentioned that there is not fixed amount.

[sc2012uk]

Do you mean funds in a foreign bank acount would not be valid? Eventhough the applicant has access to the funds via ATM withdrawals or international transfers?
I would think a bank account whereever in the world in the applicant's name with sufficient funds that the applicant has access to should not be a problem(?).

[hellrose]

If this is true it would make sense that we've not provided enough evidence, as I only sent in statements from the German bank account.

But it would be nice if this requirement was outlined somewhere.

[Jambo]

There is no requirement to have the funds in any specific place.

As I said, from the letter it sounds that they didn't really looked at the application yet. I would just reapply again with the same evidence.