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EEA2&EEA3 REFUSED

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chinouk
Newbie
Posts: 46
Joined: Fri Feb 08, 2013 12:57 pm
Location: birmingham

EEA2&EEA3 REFUSED

Post by chinouk » Sat May 25, 2013 8:57 am

hI GUYS, after 4 months of waiting, out EEA2 AND EEA3 applications both have been refused. I was so angry after reading the refusal letter. My partner was self-employed for 5 years but switched to limited company last summer, we applied him as company director and submit all supporting documents. he also applied eea3. The case worker refused us because for me we did not provide information to prove he was self-employed at the time of application, which are not true. Now I got right to appeal.

I would like some advices, should I ask for reconsideration or appeal? which is easier? how is the appeal process? they did not enclose any form for me to appeal. should I get a solicitors at this stage? I would resubmit again, but really dont want to wait for other 5 months.

and one more thing, the HO keep my passport and asked me to leave, as my current visa has expired. Do I really need to leave?

Thanks

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Sat May 25, 2013 3:03 pm

you can read about the supporting evidences for self employment here:
http://www.immigrationboards.com/viewtopic.php?t=105916
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REGARDS

chinouk
Newbie
Posts: 46
Joined: Fri Feb 08, 2013 12:57 pm
Location: birmingham

Post by chinouk » Sat May 25, 2013 3:40 pm

Thanks Sheraz7, as the home office kept my passport and asked me to leave the country. should I really need to leave or I can re-apply as soon as I can?

Thanks

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Sat May 25, 2013 4:10 pm

Are you a married couple?
How long your EEA national partner is living in uk and what she has been doing since arrival.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

chinouk
Newbie
Posts: 46
Joined: Fri Feb 08, 2013 12:57 pm
Location: birmingham

Post by chinouk » Sat May 25, 2013 4:20 pm

we are in the civil partnership, we registered in November 2012 after living together for 2.5 years. he was self-employed between 2007 and 2012, and limited company director since April 2012.

I think maybe its the joint application confused the CASE WORKER, the documents all put together. i clearly applied section 6 on the form as he is in full time employment and provided necessary information. we reckon that my partner did not provide necessary information to prove his 5 years self-employed status, but they should not refused me, they stated that I applied him as self-employed which not true.

I dont mind to re-apply again, just not sure if I can still stay as they kept my passport, how can I get it back?

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Sat May 25, 2013 4:32 pm

It must be a standard refusal letter. With correct documents you can either appeal or re-apply with a covering letter explaining regarding passport. But re-applying will consume same processing time like a new application.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

chinouk
Newbie
Posts: 46
Joined: Fri Feb 08, 2013 12:57 pm
Location: birmingham

Post by chinouk » Sat May 25, 2013 4:43 pm

yes. it said the application has been refused as I do not have a basis of stay in the UK under EEA regulation 2006.(my last visa expired Feb 2013). the passport has been pass to local immigration team and asked me to contact them for departure.

im entitled to appeal this decision ( but they forgot to attach the form), I need to fax them send the form to me.

they also said if I consider i have a right to reside in the UK as a matter of European Law then can submit necessary information, then submit a further application for consideration.

I was thinking to ask my passport back not sure if they will give to me. i think the appeal process about 2 months now, would rather just re-apply again. just not sure how to deal if enforcement team coming to my house.

any suggestion?

chinouk
Newbie
Posts: 46
Joined: Fri Feb 08, 2013 12:57 pm
Location: birmingham

Post by chinouk » Sat May 25, 2013 4:44 pm

Im also not so sure the different between appeal or re-apply. Do I allow to add more information or documents for appealing?

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