Appeal or fresh app?

[gilbutre]

Hi everyone,

I'm a EEA french citizen married with a non-EEA peruvian woman. Two years ago we came together in UK where she applied for a resident card when her 6-month spouse Visa expired. About 14 months after that, the application the Home Office asked me to provide evidence of income. Problem: I'm just starting a self-employed business and have not income from it yet.

So on the ground that I am a burden on public funds they rejected my wife's application.

An advisor from Immigration Advisory Service says my appeal to this decision may work even if I provide a mere invoice (I'm currently working for my first client) to establish income from my self-employment, even if the income is low. He says our issue is unusual and nothing in the law specifies exactly how much income I should earn. Yet the appeal may possibly fail. The appeal is supposed to take place on April 20th.

My questions now :

1) Is it true that I can forget the appeal and make a fresh application ? Where can I see the proof that I can indeed do this ?

2) How many fresh applications can one make ? If there is no limit, then does it mean that everybody can stay in UK forever just by making fresh applications regularly?

3) Would such fresh application be as slow as any other application, that is 6 months or more ?

4) Is there a difference between a fresh application that I would make right now (before the appeal), and a fresh application that I would make after the failure of my appeal, in terms of probability of success ?

In my mind, making a fresh application could give my self-employed business the time to grow and generate sufficient income in the future.

[potterbond007]

Hi everyone,

I'm a EEA french citizen married with a non-EEA peruvian woman. Two years ago we came together in UK where she applied for a resident card when her 6-month spouse Visa expired. About 14 months after that, the application the Home Office asked me to provide evidence of income. Problem: I'm just starting a self-employed business and have not income from it yet.

So on the ground that I am a burden on public funds they rejected my wife's application.

An advisor from Immigration Advisory Service says my appeal to this decision may work even if I provide a mere invoice (I'm currently working for my first client) to establish income from my self-employment, even if the income is low. He says our issue is unusual and nothing in the law specifies exactly how much income I should earn. Yet the appeal may possibly fail. The appeal is supposed to take place on April 20th.

My questions now :

1) Is it true that I can forget the appeal and make a fresh application ? Where can I see the proof that I can indeed do this ?

2) How many fresh applications can one make ? If there is no limit, then does it mean that everybody can stay in UK forever just by making fresh applications regularly?

3) Would such fresh application be as slow as any other application, that is 6 months or more ?

4) Is there a difference between a fresh application that I would make right now (before the appeal), and a fresh application that I would make after the failure of my appeal, in terms of probability of success ?

In my mind, making a fresh application could give my self-employed business the time to grow and generate sufficient income in the future.

I am sorry but this part of the forum deals with Tier-1 Post Study Work Visa which i guess is not your issue. So please post this question in the relevant part of the forum

[gilbutre]

Sorry I did not want to post it here, don't know what happened.