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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2137
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi, I had applied in october 2012 for eea2 application. I

Resolved Question:

Hi,

I had applied in october 2012 for eea2 application.
I recieved decision on May 04, almost after 7 months they refused my application by saying this they came to visitg my place and no body opened door, as no body was in the home on that day, but they wrote in letter that there was somebody in the home and didn't opened the door,
second elegation was they said Your Tax code was wrong on the payslip as It was old.

They sent whole application back but my passport and marriage certificate was not included.

But anyway My wife was registered as a selfemplyed in february 2013,
Now I have sent my application again with all documents and provide the old home office reference for my passport, adn also I provide them Selfemployed information in eea2 application for my wife rather than employment.
and attached Accountant letter....

So is it ok that I just attached accountant letter.
and what is your opinion about my application.....

Regards
Submitted: 1 year ago.
Category: UK Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE.

Could you confirm that the reason was refusal was only the fact that your tax letter wad out dated?

Kind regards
Customer: replied 1 year ago.

They stated,


Tax Code on payslip was old Like tax code was 710 L, it should be 810 L.



and second they said that we came to visit and nobody opened the door.


as it was quiet obvious that there was somebody in the home. as I know that there was nobody at home.


Clearly my wife was on holidays and i was at work and they said they believed that there was somebody at home and didn't opened the door and may be you got information that immigration officers are coming so thats why you didn't opened the door....which is totally bullshit.



Please advise me that i have applied again now, as self employed

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Essentially, what you have done is fine, but what the issue here was that you had not provided the home office with an up to date payslip. If in turn you have now decided to submit an accountants letter and evidence of her registration as a self employed person then this should be sufficient.

What I would add though is that as you should have provided them with a reason that you have now decided to switch to being a self employed person and I would have also added a covering letter giving them the reason why no one answered the door when the home office came to visit. You should have with this application refuted everything that the home office had stated and then said you now wish to reapply as a self employed individual.

Now that you have submitted your application what you may wish to do is once you receive a letter from the home office confirming that your application has been received is submit further documentary evidence relating to the self employment ie invoices by yourself to your client and also an up to date bank statement showing the funds being paid into your account. Because you only recently registered as self employed , further evidence would confirm to the home office that you are genuinely employed. You may also wish to include any upto date payslips for your wife when you submit your further evidence. Do remember to quote your reference number and send the documents recorded delivery.

If you do the above then I do not envisage your application being refused.

In respect of them keeping your passport, this is normal practice because they do not want to return you your passport and then you being free to overstay without them having your original id. I am not too sure why your marriage certificate was retained it is very unusual.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 1 year ago.

Hi,

Yes I have added the old homeoffice case id and stated that you have my passport already,

But I didn't mentioned about homevisit.

So What you think what they going to think about it..

 

 

and also i am confused that you said "you should have provided them with a reason that you have now decided to switch to being a self employed person"

 

also explain this

"You should have with this application refuted everything that the home office had stated and then said you now wish to reapply as a self employed individual."

 

Please answer.

 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

The reason I had mentioned that you should have stated something about the home visit was because if you had explained to them what the reason why no one answered the door , this would then have informed them that you do not agree with their assumption of why you did not open the door.

You may wish to write a letter and send it to them to clarify this point.

In respect of what i mentioned that you should have provided them with a reason why you now wished to switch to self employment was to inform the home office that you changed because you wanted to, not because of the fact that your payslips where not adequate for your application.

What I meant was that you should have refuted ie refused to agree with the reasons for the refusal of your application by the home office.


I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2137
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Law Specialists are ready to help you

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