EEA2 visa declined and home office has held my passport

[pjappiko]

Hi

I was served with a refusal for EEA2 family permit, my wife is French national and i'm Indian. I applied for the residence card on 24/08/2012 and home office received my application on 28/08/2012 and after nearly 3 months on 22/11/2012 i have requested for COA and i received a refusal letter on 01/12/2012.
The reseason for refusal as quoted by the home office :

My wife is studying and we have included a letter from the University as well as a letter were she declared to be self sufficient. I have included my payslips and a comprehensive insurance cover for my wife as well as a tenancy agreement on both our names. The reason they gave was that i cannot support her financially but she already sent a letter that she is self sufficient (she has been receiving money from home for her studies, accomodation, etc).
Home office returned my wife's passport but held mine and served a refusal letter with an appeal form.

Please anyone had the same situation or does any one have any advise

[Obie]

It is clearly wrong as you have provided enough proof that she can support herself. I believe you should appeal.

[bil123]

Hi

I was served with a refusal for EEA2 family permit, my wife is French national and i'm Indian. I applied for the residence card on 24/08/2012 and home office received my application on 28/08/2012 and after nearly 3 months on 22/11/2012 i have requested for COA and i received a refusal letter on 01/12/2012.
The reseason for refusal as quoted by the home office :

My wife is studying and we have included a letter from the University as well as a letter were she declared to be self sufficient. I have included my payslips and a comprehensive insurance cover for my wife as well as a tenancy agreement on both our names. The reason they gave was that i cannot support her financially but she already sent a letter that she is self sufficient (she has been receiving money from home for her studies, accomodation, etc).
Home office returned my wife's passport but held mine and served a refusal letter with an appeal form.

Please anyone had the same situation or does any one have any advise

can you please quote the refusal wordings as I have been through the same refusal and finally won my appeal on 2nd attempt and you should not worry about any thing let them keep you passport as long as your relationship is genuine UKBA has no authority to even touch you.
BIl

[pjappiko]

Thank you for your reply Obie and Bil

The wording from the home office letter is

"You have applied as the family member of an EEA natonal excercising treaty right in the UK as a self sufficient person which is covered in paragraph 4 (c) above.

As evidence that your EEA family member is excercising treaty rights in the UK as a self sufficient person you have provided a letter from her dated 24th August 2012 stating that she is self sufficient, a letter from University in respect of her registration to study, Comprehensive insurance and wage slips showing net pay repectively. You also, submitted your tenancy agreement which shows that your monthly rent is ***, therefore as you appear to only earn around **** a month the evidence is insufficient to satisfy the department that you earn enough to support both yourself and your wife.

The department is therefore, not satisfied that your wife is a qualified person. "

[bil123]

Thank you for your reply Obie and Bil

The wording from the home office letter is

"You have applied as the family member of an EEA natonal excercising treaty right in the UK as a self sufficient person which is covered in paragraph 4 (c) above.

As evidence that your EEA family member is excercising treaty rights in the UK as a self sufficient person you have provided a letter from her dated 24th August 2012 stating that she is self sufficient, a letter from University in respect of her registration to study, Comprehensive insurance and wage slips showing net pay repectively. You also, submitted your tenancy agreement which shows that your monthly rent is ***, therefore as you appear to only earn around **** a month the evidence is insufficient to satisfy the department that you earn enough to support both yourself and your wife.

The department is therefore, not satisfied that your wife is a qualified person. "

why you have mixed up student and self sufficient category, there is a lil bit difference which can favour you if you declare your wife as a student.No where in the law is a min threshold mentioned for a Residence card requirement so dont worry you will definately win the appeal I had kinda same refusal, and also why your wife didnt tick the student box cz as a student a declaration is enough to satisfy the law you can back your declaration by your wage slips, CSI, student loan/grant or money from a family member. (Satisfying the department is not mentioned any where in the law books you can never satisfy UKBA so dont waste your energy and time doing this better stick to the law.)

[Obie]

I think the UKBA are clearly wrong. Whatever the circumstance or whatever he wrote on the application, they should have known that if there is enrolement in a course, then regards has to be had to regulation 4(d) which applies to your case.

I think you certainly should appeal this decision, as there is no requirement to demonstrate sufficient fund under the student provision.

[pjappiko]

Thank you for the replies.

Is there a rule that allows me to work while my appeal is pending and do i need to get a Comprehensive insurance if i loose my job. If i loose my job how can i show that i got health cover with NHS.

[ravii]

You need private health insurance cover if you loose your job and NHS is not a private health insurance.