EEA3 appeal

[ITA123]

I finally received a reply to my EEA3 application (11 months later!) and it was refused. I am planning to appeal and I was wondering if anyone could offer any views on the grounds/how to structure the grounds of appeal etc...apologies for long post.

BACKGROUND

I was a student 2005-2009 and then a worker 2009-date. They have considered P60s etc. They are happy with everything else but say I have not provided evidence of CSI for the period when I was a student.

However, included with the application there was my original member state EHIC, expired in 2010 that would have covered me for the period. Part B of Annex A of Chapter 4 of the guidance states this is enough evidence of CSI for EEA3.

The reasons for refusal do not list the card as something the UKBA considered, so I think they just missed it and didn't look at it. As annoying as it may be, I plan to appeal (and also ask for reconsideration in parallel)

The Notice of Immigration decision states that the grounds for appeal are:

1-The decision is unlawful because it racially discriminates against you
2-the decision breaches rights which you have as a member of an EEA national's family under Community Treaties relating to entry to or resience in the United Kingdom
3-The decision is otherwise not in accordance with the law

WHAT TO DO NOW

I only have 10 days to appeal, so I need to move quite fast to prepare it.

1. What ground do I go for? (3?) How was it not in accordance with the law? (Is "failure to consider the card" good enough?)

2. I have unfortunately no evidence that I did provide the EHIC with my EEA3, but I can swear to it?

3. The card only has an expiry date on it. I know that they were issued for 5 years, so I should be covered, do I need to prove it (how?) or they would know?

4. What do I ask the tribunal to do, send it back to UKBA for reconsideration, declare the PR, prepare the document, what?

5. What documents do I send the tribunal, the whole thing again? Just the EHIC?

6. Any other thoughts on what I should be saying? I don't really want to engage a lawyer because the appeal is expensive enough as is (80 on the papers)...

Many thanks in advance for any input!

[boloney]

was that EHIC from your home country?
if so I think you will have to prove that it covered period in questiion.
for example if you are worker in Poland they will ive you EHIC only for 3 months, if you retired you can get it for 5 years, as in the case of worker you can stop working and you would`t pay contribution no more, in case of retired person the contribution will be paid as he is getting pension from the state anyway.

[LilyLalilu]

Did you include a cover letter with your original application stating that for the period you were covered by EHIC you only intended to stay temporarily in the UK and that you only decided to stay long-term once you had found a job and started working? I believe to have read somewhere that this is necessary if you want to use your EHIC instead of CSI as an EHIC can only cover you for a temp stay. Not entirely sure though, seniors can probably tell you better.
Provided you had a non-UK EHIC this is the only reason I can imagine why they may have not considered your EHIC as an acceptable cover...