Immigrationboards.com

Posted: **Tue May 22, 2012 1:11 pm**

Hi all,
After a visit of UKBA to my home on sunday 20th may today I just received my documents (a part from my passport) back from home office ,with a refusal and a right to appeal ,saying

!)you have privided no evidence to demonstrate what funds your EEA sponsor has access to in the United Kindgdom and whether or not she will become a burden on the social assisstance system of the United Kingdom during her period of stay.
!)In addition you have provided docs from Avivia and insured health ltd there is no evidence that your EEA sponsor continues to hold comprehensive medical insurance cover in the United Kingdom as there are no bank statements confirming the contiunued payment of the insurance policy .

Well my wife is treating rights as a student so documents I sent was

1)University letter confirmation of enrollement
2)scholarship letter fees paid in full
3)statement by her self stating have resources to stay in uk without using publc funds
4)Aviva comprehensive insurance for both of us ,payment made already for full year .we didnt buy on monthly installements we have paid already for the whole year as it was not so expensive.

what else HOME OFFICE wants from us ,,,any advises, and how much time do I have to appeal ....the local immigration team has my passports and they want me to leave this country and my wife here otherwise will enforce to leave ....

"PAKISTANI" national married to Latvian national.

Posted: **Tue May 22, 2012 3:07 pm**

bil123 wrote:Hi all,
After a visit of UKBA to my home on sunday 20th may today I just received my documents (a part from my passport) back from home office ,with a refusal and a right to appeal ,saying

!)you have privided no evidence to demonstrate what funds your EEA sponsor has access to in the United Kindgdom and whether or not she will become a burden on the social assisstance system of the United Kingdom during her period of stay.
!)In addition you have provided docs from Avivia and insured health ltd there is no evidence that your EEA sponsor continues to hold comprehensive medical insurance cover in the United Kingdom as there are no bank statements confirming the contiunued payment of the insurance policy .

Well my wife is treating rights as a student so documents I sent was

1)University letter confirmation of enrollement
2)scholarship letter fees paid in full
3)statement by her self stating have resources to stay in uk without using publc funds
4)Aviva comprehensive insurance for both of us ,payment made already for full year .we didnt buy on monthly installements we have paid already for the whole year as it was not so expensive.

what else HOME OFFICE wants from us ,,,any advises, and how much time do I have to appeal ....the local immigration team has my passports and they want me to leave this country and my wife here otherwise will enforce to leave ....

We have submitted much more documents... It looked like an encyclopaedia... Pictures, letters from family and friends, travel tickets with both our names, phone billings, bank statements showing transfers between our accounts and jointed account etc...

Posted: **Tue May 22, 2012 4:54 pm**

bil123 wrote:Hi all,
After a visit of UKBA to my home on sunday 20th may today I just received my documents (a part from my passport) back from home office ,with a refusal and a right to appeal ,saying

!)you have privided no evidence to demonstrate what funds your EEA sponsor has access to in the United Kindgdom and whether or not she will become a burden on the social assisstance system of the United Kingdom during her period of stay.
!)In addition you have provided docs from Avivia and insured health ltd there is no evidence that your EEA sponsor continues to hold comprehensive medical insurance cover in the United Kingdom as there are no bank statements confirming the contiunued payment of the insurance policy .

1)University letter confirmation of enrollement
2)scholarship letter fees paid in full
3)statement by her self stating have resources to stay in uk without using publc funds
4)Aviva comprehensive insurance for both of us ,payment made already for full year .we didnt buy on monthly installements we have paid already for the whole year as it was not so expensive.

what else HOME OFFICE wants from us ,,,any advises, and how much time do I have to appeal ....the local immigration team has my passports and they want me to leave this country and my wife here otherwise will enforce to leave ....

I CAN FEEL your pain because i have been refuse once and i m still waiting for my RC after i reapply. you have 10 days to appeal from the date the letter was issued. BUT the best way is to reapply. i believe your wife wrote a letter cover letter to say she will support herself while studying but i also believe she did not show the evidence of her support. where does the money to support herself come from??? which bank statements? which transfer? from where? who is her sponsor if she has one? how does she get the money from him?? if she s is working you don t have to apply as a student even if she is doing 10 hours per week she is a worker. for rhe insurance just provide fresh letter from insurance company and show them how you pay. even if you have to show on the bank statement.
i know you will have to wait longer longer if you choose to reapply. also you can choose to appeal. withdraw the appeal and reapply. or you can choose to appeal and wait if you loose you can srtill reapply or appeal on the upper tribunal. take your time and preare your case seriously. do everything within a reasonnable time.
Well my wife is treating rights as a student so documents I sent was

Posted: **Tue May 22, 2012 5:27 pm**

From the information you provided it seems that the HO made a mistake.

Students only need to provide a statement they will not become a burden. There is no need to provide support to this claim.

I would write a strong cover letter referring to the refusal letter and pointing out why you believe they made a mistake (you can point out to the legislation which is very clear). It is quicker to reapply than appeal.

Posted: **Tue May 22, 2012 6:38 pm**

Jambo wrote:From the information you provided it seems that the HO made a mistake.

Students only need to provide a statement they will not become a burden. There is no need to provide support to this claim.

I would write a strong cover letter referring to the refusal letter and pointing out why you believe they made a mistake (you can point out to the legislation which is very clear). It is quicker to reapply than appeal.

actually they dont want us to stay in this country and giving stupid reasons to leave, they already have visited us and found us in a geniune relationship they can not separtate us because of some insurance and funds even though I have sent enough documents to prove ,before sending the application I called to HO help line and they told me that you are sending more than enough docs so no need to worry and now I have received a letter saying leave the country or you will be enforce to ...I have spoken to the lawyer and he said HO is just doing this ,he already had process 3 cases for the same reason and said its not a problem ,Ho is wasting time for lawyers ,courts and speciallly a mental stress to us now we have to replan our Summer holidays as we were expeccting our passports in coming days with my Rc .

Posted: **Tue May 22, 2012 7:56 pm**

CoolGirl1984 wrote:
bil123 wrote:Hi all,
After a visit of UKBA to my home on sunday 20th may today I just received my documents (a part from my passport) back from home office ,with a refusal and a right to appeal ,saying

!)you have privided no evidence to demonstrate what funds your EEA sponsor has access to in the United Kindgdom and whether or not she will become a burden on the social assisstance system of the United Kingdom during her period of stay.
!)In addition you have provided docs from Avivia and insured health ltd there is no evidence that your EEA sponsor continues to hold comprehensive medical insurance cover in the United Kingdom as there are no bank statements confirming the contiunued payment of the insurance policy .

Well my wife is treating rights as a student so documents I sent was

1)University letter confirmation of enrollement
2)scholarship letter fees paid in full
3)statement by her self stating have resources to stay in uk without using publc funds
4)Aviva comprehensive insurance for both of us ,payment made already for full year .we didnt buy on monthly installements we have paid already for the whole year as it was not so expensive.

what else HOME OFFICE wants from us ,,,any advises, and how much time do I have to appeal ....the local immigration team has my passports and they want me to leave this country and my wife here otherwise will enforce to leave ....
We have submitted much more documents... It looked like an encyclopaedia... Pictures, letters from family and friends, travel tickets with both our names, phone billings, bank statements showing transfers between our accounts and jointed account etc...

you have to provide all these docs because your in a durable relationship ,for me its different as I am married ,I have also sent joint tennacy and have joint bank account but HO adviser told me to not to send bank statement as this is not required.

Posted: **Tue May 22, 2012 7:59 pm**

bil123, just a quick question, what was your timeline i mean when did you apply and when they have visited you at home? I think living at the same address is not a requirement

Posted: **Tue May 22, 2012 8:05 pm**

IrenaS wrote:bil123, just a quick question, what was your timeline i mean when did you apply and when they have visited you at home? I think living at the same address is not a requirement

EEA2 sent =28th feb 2012
received by Ho=29th feb 2012
Coa issued =15th march 2012
coa received=19th march 2012
HO "bothering" visit=20th may 2012 (sunday 8 o clock morning)
Rc refused =22nd may 2012

All the best ,if you or your partner are not from south Asian country than dont worry you will be fine,,..

Posted: **Tue May 22, 2012 8:09 pm**

Thank you bil123, why do you say that, i think it does't matter from which country you are, at least i think. My husband is from central asia, but at the moment we are not living at same address, because of our jobs.

Posted: **Tue May 22, 2012 8:13 pm**

bil123 wrote: actually they dont want us to stay in this country and giving stupid reasons to leave, they already have visited us and found us in a geniune relationship they can not separtate us because of some insurance and funds even though I have sent enough documents to prove ,before sending the application I called to HO help line and they told me that you are sending more than enough docs so no need to worry and now I have received a letter saying leave the country or you will be enforce to ...I have spoken to the lawyer and he said HO is just doing this ,he already had process 3 cases for the same reason and said its not a problem ,Ho is wasting time for lawyers ,courts and speciallly a mental stress to us now we have to replan our Summer holidays as we were expeccting our passports in coming days with my Rc .

It is almost impossible to deport an EEA national and his family members so I would not worry about that. Just reapply and point them to the mistakes they made.

Posted: **Tue May 22, 2012 9:20 pm**

bil123 wrote: !)you have privided no evidence to demonstrate what funds your EEA sponsor has access to in the United Kindgdom and whether or not she will become a burden on the social assisstance system of the United Kingdom during her period of stay.

This is contrary to regulation 4 (1) d (iii).

Posted: **Tue May 22, 2012 9:23 pm**

bil123 wrote: !)In addition you have provided docs from Avivia and insured health ltd there is no evidence that your EEA sponsor continues to hold comprehensive medical insurance cover in the United Kingdom as there are no bank statements confirming the contiunued payment of the insurance policy

Marvelous, did they bother to check with Avivia that the policy is in force. Ridiculous!

Posted: **Tue May 22, 2012 10:21 pm**

EUsmileWEallsmile wrote:
bil123 wrote: !)In addition you have provided docs from Avivia and insured health ltd there is no evidence that your EEA sponsor continues to hold comprehensive medical insurance cover in the United Kingdom as there are no bank statements confirming the contiunued payment of the insurance policy
Marvelous, did they bother to check with Avivia that the policy is in force. Ridiculous!

policy it self says that the payment plan is annually which starts from oct 2011 and expires 0ct 2012 .

Posted: **Tue May 22, 2012 10:36 pm**

bil123 wrote: policy it self says that the payment plan is annually which starts from oct 2011 and expires 0ct 2012 .

I'm sure it does. It is generally possible to cancel insurance policies. If they believe it is not valid, they should contact insurer and state why.

Posted: **Tue May 22, 2012 11:34 pm**

EUsmileWEallsmile wrote:
bil123 wrote: !)you have privided no evidence to demonstrate what funds your EEA sponsor has access to in the United Kindgdom and whether or not she will become a burden on the social assisstance system of the United Kingdom during her period of stay.
This is contrary to regulation 4 (1) d (iii).

link?

Posted: **Tue May 22, 2012 11:45 pm**

4(1)(d) wrote:(iii)assures the Secretary of State, by means of a declaration, or by such equivalent means as the person may choose, that he has sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence.

Posted: **Wed May 23, 2012 12:40 am**

vinny wrote:
4(1)(d) wrote:(iii)assures the Secretary of State, by means of a declaration, or by such equivalent means as the person may choose, that he has sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence.

thanks

Posted: **Wed May 23, 2012 9:38 am**

I wont say anything other than for you to reapply,what concerns then if you pay yearly or monthly,as far as your health insurance is in force ,you are within the law.reapply again.
cheers

Posted: **Wed May 23, 2012 1:27 pm**

They kept your passport. What exactly did they say (ideally in writing) about deporting you and/or your wife?

Posted: **Wed May 23, 2012 1:51 pm**

Directive/2004/38/EC wrote:They kept your passport. What exactly did they say (ideally in writing) about deporting you and/or your wife?

Your application has also been considered under article 8 of the human right act.After careful consideration of your case we are staisfied that this decision does not breach of Article 8 of your human rights. (WHAT A JOKE).

You do not have a basis of stay in the United KIngdom under the immigration (Economin Area) Regulations 2006.(ANOTHER JOKE)

As you appear to have no alternative basis of stay in the united kingdom you should now make arrangements to leave.If you fail to make a voluntary departure a separate decision may be made at a later date to enforce your removal from United Kingdom .Any such decision and associated appeal rights would be notifies separately.

The passports you submitted wil return to you when you leave the United Kingdom.

Posted: **Wed May 23, 2012 1:55 pm**

toni34 wrote:I wont say anything other than for you to reapply,what concerns then if you pay yearly or monthly,as far as your health insurance is in force ,you are within the law.reapply again.
cheers

If I reapply it will take another 3 -6 months and now we cant wait that much we had so many plans for this summer ,now I just need to clear these 2 refusal points which seems to be very easy to do, not sure about the time it might take .

Posted: **Wed May 23, 2012 3:49 pm**

was your wife at home when HO came?

I think they might be treating it as a sham

but if you have everything to prove your relation then appeal it will be fine mate

Posted: **Wed May 23, 2012 5:39 pm**

Punjab wrote:was your wife at home when HO came?

I think they might be treating it as a sham

but if you have everything to prove your relation then appeal it will be fine mate

yah my wife was home but HO didnt refused Rc because of a suspected sham marrige etc .They have given me these refusal point which seems to me senseless and stupid.

!)you have privided no evidence to demonstrate what funds your EEA sponsor has access to in the United Kindgdom and whether or not she will become a burden on the social assisstance system of the United Kingdom during her period of stay.
!)In addition you have provided docs from Avivia and insured health ltd there is no evidence that your EEA sponsor continues to hold comprehensive medical insurance cover in the United Kingdom as there are no bank statements confirming the contiunued payment of the insurance policy .

Posted: **Wed May 23, 2012 11:08 pm**

bil123

You should plan to remain in the UK for now. You are not going to sort this out quickly. There is a lot of nice stuff to do here, and will reduce your stress while sorting out the RC.

Posted: **Wed May 23, 2012 11:12 pm**

stetois wrote:
bil123 wrote: Well my wife is treating rights as a student so documents I sent was

thanks for the advise, yes I am taking my time and spoken to a lawyer ,can you please tell me what docs you have sent again and before as your wife is also treating rights as a student.

Cheers
bil

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