Appeal or new app? Please advise

[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 and 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)

[John]

If I were you I would simply get your wife to submit a fresh EEA2 application, and for good measure you could make a EEA1 application.

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

Did they actually say that? Or is that your interpretation? You "merely" need to show that you are exercising your EU Treaty Rights, which means being employed, or self-employed, or a student, or failing any of those three, being a self-sufficient person. And if you are a self-sufficient person, well claiming Public Funds is not indicative of that, is it.

But now if you are self-employed, provide proof of that, and then the need to be self-sufficient goes away.

If you are indeed exercising your Treaty Rights in the UK, then your non-EEA wife also has those same Treaty Rights. Hence my suggestion about (whilst legally you do not have to) if you submit a EEA1 application, if that is granted, then your wife's EEA2 application will invariably also be granted.

Is your wife working in the UK? Or wanting to work?

[immigrationuk2009]

Hi

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 and 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 confused on one point.Is your wife in Uk and had you applied inside UK...If yes then you can not make fresh application while your appeal is pending.

If your wife is oversea then you can do both..fresh application+appeal

If you have good evidence to prove then go for appeal otherwise make a fresh application with evidence to prove maintenance..

Appeal is free so no harm in going for it...

UK_Banned_Member

[John]

If yes then you can not make fresh application while your appeal is pending.

The source of that?

[gilbutre]

Did they actually say that?

No actually they said that I am not exercising my Treaty Rights in the UK as I failed to provide evidence of my self-employment (and this is because at that time I was not registered as self-employed yet).

When you say that if I can prove that I am self-employed then the need to be self-sufficient goes away, does it mean that even if I earn 10£ a month I exercise my Treaty rights?

My wife is working part-time but the advisor told us it has no effect on this issue at all because it's all about me.

Why would you make a new application instead of making appeal ?

[immigrationuk2009]

Hi

If yes then you can not make fresh application while your appeal is pending.

The source of that?

I think you already know of that little thing....Sorry my mistake

So here is source for your attention..

Go to this link and read page 3.2 on page 3

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Regard

UK_Banned_Member[/url]

[gilbutre]

uh.. I'm not sure who I must trust now. John could you confirm that what immigrationuk2009 says is correct please ? Can I make a fresh application or not ?

[John]

Rather than say he is right or wrong, it would be better to point out that what he posted is simply not relevant to your situation.

He posted about Section 3C/3D that those sections are relevant to applications under UK immigration law. But you are applying under EU/EEA law.

[gilbutre]

Ok then. Thanks for the advice! We're gonna make a fresh application and forget the appeal, I hope that will do the trick.

[immigrationuk2009]

Hi John

Rather than say he is right or wrong, it would be better to point out that what he posted is simply not relevant to your situation.

He posted about Section 3C/3D that those sections are relevant to applications under UK immigration law. But you are applying under EU/EEA law.

I am not good in EEA laws so please correct me If I am wrong ..Under EEA Law a person can apply fresh application while appeal is pending inside UK.

Are you saying this?

UK_Banned_Member