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✎ EN Refusal of EEA !!!!!please help!!!!!

Discussion in 'Immigration UK' started by katka1311, Feb 3, 2010.

  1. katka1311

    katka1311 New Member

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    Hi, we just get our appl for eea1 refused. I need all of your help, because I think it was refused unrightfully. i am slovakian, marrriad to an Indian citizen, we have a 2 year old daughter. all of us came here to India, my husbands birthplace from usa, so we can apply for his eea1and go together to uk. we were living in us for 2 years, but were also not lucky with the paperwork, that is why we decided to try to go to uk..so here we are, none of us working at the present, but have sufficient savings on our accounts. the ECO refused my husbands application because of the following reason:
    " In order to reach a decision, I have aken into account:
    The burden of proof is on you, the applicant
    the standard of proof is to a balance of probabilities
    your completed application form
    rate of exchang 1 pound to indian rupees 75- we showed 12 000usd on his account, and 45000 on my name? was this a mistake? at the time of the application we were buying a property here in india, it is still not done yet, but the money kept aside for this we did not show on the application...otherwise his account woudl have a lot more money...is this a mistake?
    your passport and the original doc that you provided.
    And please read...
    The ECO reasons and supporting evidence:
    You, your Slovakian wife and your daughter propose to settle in the uk permanently. Althought you have funds in India, you must show that yur EEA natioanl is economically active in UK. You have not evidenced this, therefore I must refuse your application.
    My question is: i do not think that that is correct that me, wife shoudl be already active in UK..if we have enough money to support ourselves, shouldn t he just grant the application?
    and again...the appeal...on which qrounds should we appeal if he gave us the folllowing choices:
    1. The decision breaches rights you have as an EEA national or member of such a person's family under Community Treaties relating to entry or to residence in the UK.
    2. That the decision is otherwise not in accordance with the law.
    3. that the decision is unlawful because it racially discriminates against you.
    4. that the decision is unlawful because it is incompatible with your rights under the European Convention on Human rights.

    please help.......any suggestion what and how to do.....shoudl we show the money we did not show before, shoudl we state that we were planning to buy a propert, tat is why there was some money sat aside and not shown....do I -wife- really have to go first alone, work, be economically sufficient and then apply again...
    which place is better to appeal...at the consular section here in Bombay or send it to UK, to the Immigrational tribunal...
    thank you very very much....for all your help..
     
  2. Yousafzai

    Yousafzai Addicted member

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    First of all, there is no such thing as EEA1, the visa your husband needs is EEA Family Permit which is issued for six months.

    You mentioned your husband was born in US, whats his nationality ?

    I wouldn't go for appeal if I were you because I believe ECO was right in his decision. You should have done some research about the requirements of EEA FP before applying for it because, from what you have mentioned, it looks like your application was wrong to begin with.

    The money you have mentioned is indeed a lot but for settlement visa, you need either a steady income from work/business or millions !

    My advise would be that you move to UK first and then your husband can join you because thats the easiest option as far as I know. Getting an EEA FP from outside EU is much tougher since the usual UK immigration rules apply to such applicants.

    Good luck
     
  3. katka1311

    katka1311 New Member

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    my husband is an Indian national, not US, we were living in us for the pat 2 years. we applied for eea permit to go together to uk..why do u think appl was wrong?
     
  4. Yousafzai

    Yousafzai Addicted member

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    The ECO refused your application on account of finances because you have showed money but the question would be, what when the money finishes ? You need to have some sort of regular income, and the one that you can prove, in order to convince the ECO.
     
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