EEA1&EEA2 Refused. Appeal or reapply?

[Hu]

Hi,

We have applied for EEA1&EEA2 Self-sufficient Nov 2012 and just got rejected with right to appeal. The reason was the our evidence of bank account and health insurance is insufficient to prove my husband(EEA, Sweden) is self sufficient. I am very confused if we should appeal or reapply.

The documents we send in are
1) marriage certificate/passports
2) tenancy contract/utility bills/council tax bill
3) my bank statements & letters/invoices/HMRC to prove incomes and savings from self employment
4) his bank letters to prove savings
5) CSI booklet, policy and direct debit set up letter (Aviva)

They claimed that his bank letter without transactions is not enough and our health insurance is not paid yet (it has a discount of first three months free.) We can't prove payment until this Feb. But self sufficient funds can be derived from family members, right? As his spouse, am I count as his family member? Does my bank statements with transactions serve as continuous funds? We have both studied here and now work as self-employed musician.

Should we appeal or reapply? I am very sad and confused now. The problem is also we need to leave UK to Europe for family/work reason in August, plus my husband need to renew his passport. If we send out new application in July, we might not get our CoA and passport back for August.

I am Taiwanese and had PSW valid until a few days after we sent off the application. I am very worried if I leave UK during now, I will not be able to come back and make another application and lose my work permit here....

If I leave UK, do I need to apply for EEA family permit before come back? In order to apply EEA2 again?

Many thanks for your help!

[sheraz7]

Hi,

We have applied for EEA1&EEA2 Self-sufficient Nov 2012 and just got rejected with right to appeal. The reason was the our evidence of bank account and health insurance is insufficient to prove my husband(EEA, Sweden) is self sufficient. I am very confused if we should appeal or reapply.

The documents we send in are
1) marriage certificate/passports
2) tenancy contract/utility bills/council tax bill
3) my bank statements & letters/invoices/HMRC to prove incomes and savings from self employment
4) his bank letters to prove savings
5) CSI booklet and direct debit set up letter (Aviva)

They claimed that his bank letter without transactions is not enough and our health insurance is not paid yet (it has a discount of first month free.) We can't prove payment until this Feb. But self sufficient funds can be derived from family members, right? As his spouse, am I count as his family member? Does my bank statements with transactions serve as continuous funds? We have both studied here and now work as self-employed musician.

Should we appeal or reapply? I am very sad and confused now. The problem is also we need to leave UK to Europe for family/work reason in August, plus my husband need to renew his passport. If we send out new application in July, we might not get our CoA and passport back for August.

I am Taiwanese and had PSW valid until a few days after we sent off the application. I am very worried if I leave UK during now, I will not be able to come back and make another application and lose my work permit here....

If I leave UK, do I need to apply for EEA family permit before come back? In order to apply EEA2 again?

Many thanks for your help!

Whenever an EEA national is self sufficient then caseworker always curious to ascertain as how the funds are accessible to EEA national even though the non-eu national is supporting. That can very easily be demonstrated with the regular transfer of funds from non-eu national's individual account to eu national account or open joint account.
If your policy is giving you discount but covers you then there should not be any problem for that and the same can be highlighted/explained on a covering letter too. Reapplying can consume same time of 6/6+ months.

[Hu]

Hi Sheraz7,

Thanks so much for reply.

There is a few ground they say I could appeal:
1 - that the decision is not in accordance with the immigration rules.
2 - that the decision is unlawful because it racially discriminates against you.
3 - that the decision breaches rights which you have as a member of an EEA National's family under Community Treaties relating to entry to or residence in the UK.
4 - that a discretion under the immigration rules should have been exercised differently.
5 - that a decision is otherwise not in accordance with the law.

I am not quite sure which one we could rely on. If we choose 4) for example and appeal according to the situation when we have two separate bank accounts, is it ok to hand in new evidence of joint account (which will be my current account...)?

Also can I leave UK during appeal? Will the appeal right exhausted if I travel abroad and the case just collapse? I had a friend went into this trouble applying for Tier1 before, but I can't find this information about eea anywhere...If I can travel, how can I prove there is an appeal going on and come back to UK?

Many thanks for your help!!!

[sheraz7]

I believe Taiwanese nationals are non-visa nationals to Uk & Schengen area and therefore travel should not be a problem. As mentioned earlier that for proving EEA national's self sufficiency it must be clear as how EEA national can access funds and usually EEA bank statements are vital to demonstrate that. Moreover, if You have now joint account statement then it will certainly work. If now you have correct documents then you can apply again and request back passport for travel and COA will give you right of work too.

[Hu]

So reapply is safer option then? Thanks sooo much for your help!

[sheraz7]

With correct documents you can either appeal/reapply but the exact time in which you will get outcome we cannot predict. As you are non-visa national for travel and in both cases you can return back but with re-applying you will immediately get another COA which allow you right of work.