EEA2 Refusal - need help

[Samelamin]

When I had appealed last year the barrister and the solicitor advised me to send actual pictures than CDs. Also while reading your earlier posts did you actually sent a cd of your actual wedding ?

yes that is correct, we sent one picture with people writing wishing us well for our future, we did send 2 cds one main and one back up with pics and video

how long from the time u appealed did it take for you to get a court date ? and how long was the whole process take?

[zubby007]

[quote="Samelamin"][quote="Vinayak"]When I had appealed last year the barrister and the solicitor advised me to send actual pictures than CDs. Also while reading your earlier posts did you actually sent a cd of your actual wedding ?[/quote]

yes that is correct, we sent one picture with people writing wishing us well for our future, we did send 2 cds one main and one back up with pics and video

how long from the time u appealed did it take for you to get a court date ? and how long was the whole process take?[/quote]


A friend of mine got his in 3weeks. best of luck Samelamin you will be fine.

[Vinayak]

I appealed in may got a date in june as far as I can remember but i would suggest you print the photos. Mostly the home office presenting officer never turns up from personal experience ofcourse but then the judge will ask you a few questions that pretty much it. Its nothing major to worry about as the judge will easily overturn the decision but sometimes just sometimes you might get a very nosey judge and would ask you quite a bit about your relationship so i suppose its always better to be prepared with a lot of photos that as they do look closely at them because with the CDS sometimes their equipment can fail and the judges wont be able to come to a decision but then again after your hearing you will have to wait another two weeks mostly for the decision to come to you. But from last years ordeal i figured out all the barrister's solicitors just need your cash they will say what you want to hear and what a personal favourite of mine is the human rights violation Article 8. After reading and talking to quite a few ukba officers what i understand is human rights violation is not what most solicitors interpret( thats just my understanding dont know if its right).

And when you appealed i hope you appealed on the grounds of an error in law rather than article 8.

You can also add new evidence on the day of the hearing. Wish you good luck man

[Samelamin]

Thanks,

Actually we did not appeal under Human lay but under the fact that the home office claim against us is untrue

see below

3. If the Home Office has stated that your claim is not credible, and you disagree, please explain why in this box.



Well we did say we will be sending more documents when my partners phone records come back ( we could only send the last 3 months rather than the time when we were living apart). We are advised that sending a CD would be enough but we did add one more picture or us that was taken professionally with well wishers signing on it.

If the documents do come before the deadline I will send more printed pictures and the phone records

We have added enough evidence of the relationship I feel and the fact that the CD has a video of us on our wedding should put any concerns about our relationship to bed

[Vinayak]

the reason i said about the CDS is because i dont remember seeing a laptop or a computer or dvd player during the hearing thought i give you a heads up.

[Samelamin]

the reason i said about the CDS is because i dont remember seeing a laptop or a computer or dvd player during the hearing thought i give you a heads up.

Much appreciated. Maybe none were brought because you did not add a CD, ill confirm with the solicitor

[spike_UK]

the reason i said about the CDS is because i dont remember seeing a laptop or a computer or dvd player during the hearing thought i give you a heads up.

Much appreciated. Maybe none were brought because you did not add a CD, ill confirm with the solicitor

If I was you, I would take a laptop with me just in case he is right(no CD players).
Good luck mate and all the best.

[mcovet]

normally, all the evidence in trials is submitted in 2 copies. One for the other side, one for the court and obviously one for yourself. The other side is meant to do the same. Those documents are normally in paper format and are included in a bundle. They are then numbered so each bundle has the same amount of pages.

During any trial, when cross examining or simply asking questions, a judge or the other party or yourself, would ask questions and refer people to a certain page in the bundle. So, in your case you would include, let's say 20 photos, which would be pages 10 to 20 (if you can fit more than one photo in the page). You would then state that, on such and such a date, we got married and many people attended the ceremony, please see pages 10-20 of the bundle. You would say that the UKBA had the info and documents submitted with the application (P60s, marriage certificate, etc etc) pages XYZ of the bundle but the UKBA chose to ignore those and came up with a decision without any basis.

I personally would choose several photos and print them out, i wouldn't use a CD, maybe take it with you and a laptop, but make sure you include photos in the bundle of docs (which would normally include all the evidence, proof of exercising treaty rights, marriage certificate, communication with the MP and UKBA [if relevant to your case] and so on).

Good luck and remember, the UKBA are only an executive branch, their actions can and most of the time ARE overruled by the judicial branch so you know you're in the right, do not let the original negative decision put you in doubt of the outcome, you shall win! Go with that mentality.

Good luck.

[Samelamin]

normally, all the evidence in trials is submitted in 2 copies. One for the other side, one for the court and obviously one for yourself. The other side is meant to do the same. Those documents are normally in paper format and are included in a bundle. They are then numbered so each bundle has the same amount of pages.

During any trial, when cross examining or simply asking questions, a judge or the other party or yourself, would ask questions and refer people to a certain page in the bundle. So, in your case you would include, let's say 20 photos, which would be pages 10 to 20 (if you can fit more than one photo in the page). You would then state that, on such and such a date, we got married and many people attended the ceremony, please see pages 10-20 of the bundle. You would say that the UKBA had the info and documents submitted with the application (P60s, marriage certificate, etc etc) pages XYZ of the bundle but the UKBA chose to ignore those and came up with a decision without any basis.

I personally would choose several photos and print them out, i wouldn't use a CD, maybe take it with you and a laptop, but make sure you include photos in the bundle of docs (which would normally include all the evidence, proof of exercising treaty rights, marriage certificate, communication with the MP and UKBA [if relevant to your case] and so on).

Good luck and remember, the UKBA are only an executive branch, their actions can and most of the time ARE overruled by the judicial branch so you know you're in the right, do not let the original negative decision put you in doubt of the outcome, you shall win! Go with that mentality.

Good luck.

Thanks Mate. I shall remember that during court

[Samelamin]

normally, all the evidence in trials is submitted in 2 copies. One for the other side, one for the court and obviously one for yourself. The other side is meant to do the same. Those documents are normally in paper format and are included in a bundle. They are then numbered so each bundle has the same amount of pages.

During any trial, when cross examining or simply asking questions, a judge or the other party or yourself, would ask questions and refer people to a certain page in the bundle. So, in your case you would include, let's say 20 photos, which would be pages 10 to 20 (if you can fit more than one photo in the page). You would then state that, on such and such a date, we got married and many people attended the ceremony, please see pages 10-20 of the bundle. You would say that the UKBA had the info and documents submitted with the application (P60s, marriage certificate, etc etc) pages XYZ of the bundle but the UKBA chose to ignore those and came up with a decision without any basis.

I personally would choose several photos and print them out, i wouldn't use a CD, maybe take it with you and a laptop, but make sure you include photos in the bundle of docs (which would normally include all the evidence, proof of exercising treaty rights, marriage certificate, communication with the MP and UKBA [if relevant to your case] and so on).

Good luck and remember, the UKBA are only an executive branch, their actions can and most of the time ARE overruled by the judicial branch so you know you're in the right, do not let the original negative decision put you in doubt of the outcome, you shall win! Go with that mentality.

Good luck.

Just received our bundle but the report as suspected was not included, the bundle the home office sent to us just included a quick summary of our application with copies of our application and passport

I am very interested in this fabricated report, our appeal is going to be held this Friday and I will keep everyone updated

[efimmike]

hi Samelamin
can u please send us an update of your appeal case, seem it was granted and you re celebrating. wish u good luck.

[Samelamin]

you can see progress on my appeal on the appeal timeline thread

[hunter1]

EEA2 Application Sent: 27 Dec 2012
EEA2 Application Received by UKBA: 28 Dec 2012 (According to Royal Mail Next Day Special Delivery)
COA Recieved: 26 January 2013 (Dated: 18 January 2013)
Date of Application written in COA: 16 January 2013 (suppose to be 27 dec 2012 ?)
Rejection Letter Received: 27 Mar 2013 (Dated: 21 Mar 2013)
Appeal to be submitted in 10 Business Days
PSW visa expired on 12 Jan 2013

Reason for Rejection: EEA National Employer registered address is different on CompaniesHouse gov website than given in EEA2 form. (Silly reason, as Business trading address can be different than registered address).
They call the EEA national employer and was told about the company name on asking, employer confirmed that EEA national is working but couldn't provide her date of birth. (Employer asked for 2 mins to look into file but they said its ok, another silly reason)
Her payslips has NIC contribution but no tax contribution. (because Sept 2012 (start job) to April 2013 salary is less than 8000, maybe thats y employer has not contributed to tax. But still, its employer duty to pay the tax, not EEA national fault)

So they stated they that your payslips are not credible and you failed to provide evidence that EEA national is exercising treaty rights.

My Lawyer is going to appeal for it. Do you suggest I should also made another EEA2 application of Self Sufficient Route? I'm highly qualified and have good job and salary. All I have to do is to get comprehensive sickness insurance and show funds and my payslips.

or Should I wait for Appeal Decision first?