EEA2 denied. Immigration has passport. Please help!

[GeriBean]

My husband is the non EEA family member of me, EEA national. We applied EEA2 form and there was not enough evidence to show that I am exercising my treaty rights so he was denied RC but on top of it all, immigration has his passport!

I have extra proof to show that I am self employed. I see it as just an administrative formality that can easily be cleared up. We want to simply reapply for EEA2 rather than appeal, especially since now it seems that the appeals dept is gathering all the backlog that UKBA has fobbed off on to them, while UKBA is dealing swiftly with EEA2 permits again.

Thing is the Immigration Team that has my husband's passport tells me to hold on and then cuts me off when I phone. I have called the number several times in the last two hours...I just want to know how we are supposed to reapply for RC when they have his passport??

Can this be done?

Also the letter states that the decision was made mid March and yet we only received the letter today!! Obviously so that it looks like they made the decision within 6 months when they didnt....

The letter states that we have 10 days to appeal or my husband must leave the country!!!! But I am exercising my treaty rights! I was self employed, then I had to stop as I fell pregnant. I started a TEFL course, was studying full time, close to finishing the course and have just applied for Job Seekers last week. I am 5 months pregnant and freaking out that they want to separate me from my husband.
We only applied for RC to make it easier to go in and out if we wanted to go on holiday. It is not even mandatory and yet coz it has been denied they want to kick him out!!!
Please help, anyone!
We want to reapply. Would you recommend that? Can we do that when Immigration has his passport. If we appealed instead, would we still not need my husband's passport back?
Has this happened to anyone?

[sheraz7]

What mode of treaty rights you were exercising at EEA2 RC application time and what are you doing now?

[GeriBean]

I was exercising my treaty rights as a self employed person, which UKBA did not think I proved. I supplied personal bank statements, accountant letter, HMRC self assessment letter.

Soon I will be on Job seekers which according to the UKBA website is another way of exercising my treaty rights as a EEA national

[GeriBean]

I was a private carer for the disabled and mentally ill. I could not continue with that line of work when I fell pregnant as it was too high risk.
So I started a TEFL course and now I am in the process of going on job seekers

[GeriBean]

Guru Sheraz would you recommend we reapply or just appeal? Wont the fact that we dont have husband's passport work against us?

[sheraz7]

1st of all be calm even they retain the Non-eu national's passport because EEA2 RC is optional not mandatory and his confirmation of right of living and working refused only. With correct documents you can reapply/appeal but reapply will take 6/6+ months again. For self employment in your case you can attach further HMRC tax returns/ni contribution letters and business accounts statements et. Or if you worked 1 year as carer then you can still become worker even you not working now and is job seeker now. Or if you studying then just buy private medical insurance and exercise treaty rights as student.

[GeriBean]

thank you for your advice Sheraz, I truly appreciate it

[chinouk]

Hi Geribean, My situation actually are exactly same your case.

I applied EEA2 while my EU partner as self-employed, the application was refused after 4 months due to lack of sufficient supporting document of his self-employment status. In instead of re-apply as a lot of people suggested here ( as We think if you do not apply for different category, you should either appeal or ask for reconsideration).

We asked for reconsideration, and after 2 days, the case worker replied and agreed us to send more supporting document. We just sent 5kg of documents last week (EEA2 AND EEA3 joint application) ( We should have done at first time, did not do enough homework at all). The case worker indicated in the letter, he will reconsider as soon as he received the doc. so I believe you should first write him/her a letter ask for reconsideration if you still apply under self-employed, but at the mean time, send appeal form. if you have decided to apply under different category, I suggest that you should re-apply.

hope can help.

[GeriBean]

Hi Chinouk, thank you for sharing your story. I am going to do that. We also have a mountain of new evidence to send in the appeal, NI contributions, self assessment tax letters, invoices and bank statement. Hope that is enough for them!

How did you get hold of your caseworker? Is there a postal or email address?

My head is spinning from all the reading and research I have been doing. I am going to be an EC immigration expert by the end of this fiasco

[chinouk]

Hi Geribean, you are welcome. I wrote to the person whose name appear on my refusal letter. Although some people suggest me on this forum the person is just dispatch worker for my parcel, not the actual case worker. I wrote to him anyway, and he replied the same day received my letter. I believe it is him. He gave me 4 weeks to prepare the document but asked me to send back as soon as I can. It takes me about 3 weeks to get all supporting document ready.

Thanks

[chinouk]

Hi just some update, I just got my RC today, look the date he received on 19th June, and RC issued on 20 June. so try to write a letter to the case worker. good luck.

Hi Chinouk, thank you for sharing your story. I am going to do that. We also have a mountain of new evidence to send in the appeal, NI contributions, self assessment tax letters, invoices and bank statement. Hope that is enough for them!

How did you get hold of your caseworker? Is there a postal or email address?

My head is spinning from all the reading and research I have been doing. I am going to be an EC immigration expert by the end of this fiasco