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Hi All,

Yesterday I received my refusal for my EEA4 Application from Home Office for providing insufficient documentation that my wife (a swiss national) was exercising her treaty rights, even though we sent them her last 5 years of tax reports, self assessment forms for the last 5 years, invoices etc.

In the refusal letter it states that they have and will ask us to leave the country.
This is obviously of great concern as I put together an insufficient application, not that we're not 100% in accordance with our treaty rights and still are.

We've spoken to a number of immigration solicitors today, and are getting a variety of solutions. Some say that we need to apply for an EEA2 again, some EEA4 as we have a strong case, Some an IDLR, and one person who charges twice as much said that we're likely to get a letter of deportation in the next 72 hours.

If anyone can provide any insight or consolation, that would be greatly appreciated.

Kind Regards,

DP

They (those solicitors/advisors) are scaring you, noone is going to be 'deported'.
Deportation is not on the cards.

There are procedures to be followed for 'administrative removal' - which is a last resort option open to UKVI/HO.
However HO are not Philistines; there are checks and balances in place that HO will follow - especially if you have a family.

Short term fix: get CSI (assuming you have resources to live on) and, hey presto, sponsor/spouse is self-sufficient and exercising treaty rights.
No admin removal.

What was wrong with your case?
what else did you submit?
what (approx) level of income is involved?
tax & NI paid?
how does wife shape up in terms of PET/MET test?

Get up to speed on qualified persons here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

And HO guidance on AR:
https://www.gov.uk/government/uploads/s ... val-v2.pdf
&
https://www.gov.uk/government/uploads/s ... _clean.pdf

Audiobalm wrote:Hi All,

Yesterday I received my refusal for my EEA4 Application from Home Office for providing insufficient documentation that my wife (a swiss national) was exercising her treaty rights, even though we sent them her last 5 years of tax reports, self assessment forms for the last 5 years, invoices etc.

In the refusal letter it states that they have and will ask us to leave the country.
This is obviously of great concern as I put together an insufficient application, not that we're not 100% in accordance with our treaty rights and still are.

We've spoken to a number of immigration solicitors today, and are getting a variety of solutions. Some say that we need to apply for an EEA2 again, some EEA4 as we have a strong case, Some an IDLR, and one person who charges twice as much said that we're likely to get a letter of deportation in the next 72 hours.

If anyone can provide any insight or consolation, that would be greatly appreciated.

Kind Regards,

DP

Sorry to hear this

This sounds awfully scary, I am about to apply under the same circumstances. My wife is also a Swiss national and self employed.

Do you have an update on your situation? A happy one I hope...

ihavelost wrote:Sorry to hear this

This sounds awfully scary, I am about to apply under the same circumstances. My wife is also a Swiss national and self employed.

Do you have an update on your situation? A happy one I hope...

Same scenario does not necessarily result in same outcome (whatever that may be) for someone else as the evidence and information each case is based on will be unique.

You could file an appeal if you feel that your wife was genuinely self employed but sufficient flexibility was not exercised.