Rejected EEA2 , what to do next?

[DGTLJNK]

Hi there, I have been following the threads on this forum since about 6 months , when we applied for a residency card for my wife. Today , 2 weeks before 6 months deadline my wife received rejection letter with a right of appeal. The reasons for the rejections are :

1 you have not provided evidence that your sea family member holds comprehensive sickness insurance in the UK , a EHIC is inadequate.

2 You have not provided evidence by means of a declaration or such equivalent means that your EEA Family member has sufficient resources not to become a burden on the social assistance of the UK during your period of residence.

I'm a full time student ,thus we chose this route to apply for EEA2 . In regards to reason 1 on the application form we can find that EHIC card might be sent in instead of health insurance if I write a cover letter that I dont intend to stay in UK on permanent basis. I dont have the letter I sent them, but I declared that I dont intend to remain in UK after graduation in 2016 which should do just fine. I've been however to UK since 2008 but I declared that I'm not going to stay here as required.

In regards to reason two ,as a student i had to provide letter from my university , this unlucky health insurance or EHIC and " A bank statement OR evidence of a grant or scholarship, OR a declaration of sufficient funds" to prove that I'm getting money from university. Maybe my english isnt that good but I can clearly see a difference between AND and OR . I have provided a bank statements where they could see all the transfers being made from Student Finance and I also provided a certificate of approval of my student finance and loan statement with all the dates and amount of money I'm being paid. So as far as I'm concerned I don't need to send all three of those proofs , well now I know I should have, but it's clearly not a ground to reject our application.

My wifes visa has expired during the process of application , however we have rights to appeal. What would you guys recommend us ? Shall we appeal against the decision or send another application in with added declaration and comprehensive insurance certificate which i have just bought for myself?

[Jambo]

The EHIC needs to be a non UK one. Was that the case?

[DGTLJNK]

The EHIC needs to be a non UK one. Was that the case?

oh i wish they have mentioned it on the application form, yes you are right it is a UK one. I found on the forum some people ask for reconsideration , how do you get the contact to case worker ? Do you think I can ask for reconsideration in my case and provide them with a medical insurance a have just bought and the written declaration of sufficient funds?

[Jambo]

The purpose of CSI is to have alternative medical cover not to become burden on the NHS. A UK EHIC is issued to cover you outside the UK because you are covered by the NHS in the UK so it's not an alternative cover. If issued by another EEA country to cover you outside that country (i.e the UK), that's alternative cover.

Many people don't realise the card needs to a be a non UK one. The HO can be more specific in the application form.

You can try and ask for reconsideration, in particular for point 2 as it seems you have provided enough evidence. You can try and see if the caseworker would reconsider, it's up to his discretion.

The fact that her visa expired has no affect on her application (or future ones).

[DGTLJNK]

The purpose of CSI is to have alternative medical cover not to become burden on the NHS. A UK EHIC is issued to cover you outside the UK because you are covered by the NHS in the UK so it's not an alternative cover. If issued by another EEA country to cover you outside that country (i.e the UK), that's alternative cover.

Do you know by any chance if I want to appeal in court , can I provide them a medical insurance that I have acquired after the decision has been made? I'm also a bit concerned about the time frame because I wasnt given any specific date by which my appeal should be sent in. It only sasys : the completed form should be received by administrative support centre within 5 business days if you are in immigration detention ( whatever it is) or 10 business days if you are not in detention. I won't be able to appeal within 5 or 10 days because I'm awaiting a medical insurance certificate which can take up to 2 weeks.. can I extend the time for appeal?

Many people don't realise the card needs to a be a non UK one. The HO can be more specific in the applica
tion form.

So true, they should be more specific to avoid any confusions..

You can try and ask for reconsideration, in particular for point 2 as it seems you have provided enough evidence. You can try and see if the caseworker would reconsider, it's up to his discretion.

I dont have any contact details to the case worker, i called their hotline today and the lady on the phone didnt want to provide me with those details either.

Are you able to produce a non-UK EHIC?

Im affriad I dont have EHIC from any other country.

[Jambo]

You need to appeal within 10 days.

You can't produce evidence in an appeal that was obtained after a decision was made. Better to either ask reconsideration or just apply fresh. Your wife is legal in the UK as long as you exercise treaty rights even if the HO refuse to confirm her status.

[DGTLJNK]

You need to appeal within 10 days.

You can't produce evidence in an appeal that was obtained after a decision was made. Better to either ask reconsideration or just apply fresh. Your wife is legal in the UK as long as you exercise treaty rights even if the HO refuse to confirm her status.

Thanks Jambo, you're more helpful than anyone working in HO !

Do you know how to get through to case worker as I dont seem to have any contact details and the lady on the hotline didnt want to provide me with any either?

Another question that just came to my head. During the process of application my wife found a job, but we didnt notify the HO about this fact, if we decide to go with a fresh application shall we mention this fact as well and show the payslips for the past 3 months since she started working ? How does it look from a legal side, is she allowed to remain employed if her application was refused?

[Jambo]

Isn't there a name or a department number on the refusal letter?

If not, you can try the same address of the application and in the letter have reference to the case number (should be first letter of surname + 6/7 digits).

To be honest, your chances for reconsideration are not big but maybe the caseworker would see an opportunity to close a case quickly (by just reviewing the extra documents).

[DGTLJNK]

Isn't there a name or a department number on the refusal letter?

One letter is signed by E05 , LNC21, so I guess that should be it. So shall I address my letter to E05 , LNC21 , PO BOX 306 , Liverpool ?

I also found some new number " COHID - 19814228 " but i have no idea what it is.

If not, you can try the same address of the application and in the letter have reference to the case number (should be first letter of surname + 6/7 digits).

To be honest, your chances for reconsideration are not big but maybe the caseworker would see an opportunity to close a case quickly (by just reviewing the extra documents).

Maybe I'm wrong but personally , I would rather allow to send in and consider 2 pieces of documents rather than having to go through a whole pile of documents when the fresh application has been made , nevertheless : mr case worker you will never get away, ill get back to you with more work for you haha

[Jambo]

Reading this HO policy guide - Reconsideration, you might be right.

[DGTLJNK]

Reading this HO policy guide - Reconsideration, you might be right.

Lovely , thanks again for your help , its really so nice of you ! (are you some solicitor ? ) . So I will call the hotline tomorrow morning and find out more about reconsideration and get them to give me address to send more documents in.

[Jambo]

One letter is signed by E05 , LNC21, so I guess that should be it. So shall I address my letter to E05 , LNC21 , PO BOX 306 , Liverpool ?

This is just a guess but I believe E05 identifies the team (European #05) and LCN21 the caseworker (Liverpool Caseworker Number) so this should get it to the correct caseworker.

[Imshzd]

One letter is signed by E05 , LNC21, so I guess that should be it. So shall I address my letter to E05 , LNC21 , PO BOX 306 , Liverpool ?

This is just a guess but I believe E05 identifies the team (European #05) and LCN21 the caseworker (Liverpool Caseworker Number) so this should get it to the correct caseworker.

If you check subject access request then you will found different EO s,i.e,EO1,EO2,EO3 and so on.I feel that EO means enquiry officers or Exective officers who identify risks etc.

In your file and on caseworker notes,you will found the word caseworker not name.

LNC21 etc etc are the units.And I don't know what units are this.

And the end of the process when all EO s clear the application caseworker write this as

All documents considered.

EEA national is a worker?

Instruction notes to LNC21XXX


Please issue a res card with letters.

Return all documents to applicatant on the recorded address.

Dated.44/334/334.



Pouch allocated to Mr xyz.(this is a name which you can see on the letter which you receive with from home office.)