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..

 

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?