EEA Family Permit Refusal

[wassim7]

Hello,

I have been refused the EEA family permit and I would like to ask for your advice.

I am Moroccan, my wife is French and we are both living in Morocco. I have submitted the documents as explained in the EEA Topic (Marriage certificat, My passport, My wife's passport+ Moroccan residence card and the lettre). However, in the REFUSAL NOTICE the ECO states that :

" I note that you have provided your marriage certificate and your wife's Moroccan residence permit but there is no other evidence to show that your wife has been living in Morocco or that you have been living together. There is no other evidence of cohabitation or of a subsisting relationship on your part. I am therefore not satisfied that you qualify for an EEA Family Permit."

(Knowing that is has been 3 years that we are married)

My questions are:

- Should I appeal against the decision? or just re-apply adding all the evidence required?

- What types of evidence should I provide if I appeal?

- Would applying again be affected by this first negative decision?

Thank you in advance for your help.

Wassim

[Jambo]

The ECM was wrong. There is no requirement to prove cohabitation or a subsisting relationship on your part.

Either write back to the ECM or reapply with a letter pointing to the mistake in the refusal letter. Suggest in the letter to provide additional proof if they require.

[Obie]

It would have been easier if you provided evidence that you have a genuine marriage, which may include evidence of cohabitation.

I know the law, but it sometimes help for one to preempt and make things easier for themselves.

You now have the option of appealing or replying or both.

I will suggest you explore both options.

[wassim7]

Thank you very much for your quick replies.

I have one more question,is the EEA Family Permit route only for people who wish to settle in the UK or can it be used for a short visit to the UK as a tourist visa?

The reason I ask is when I applied I mentioned that it was for a short holiday, which is true. We were planning to go and have a first insight before the real move which we plan for the summer.

And that brings me to another question (sorry): Is it fine if I apply for several EEA permits? for example applying for one now and once it is expired, applying for another one?

Apologies for my complex case!

Thank you very much again.

[Jambo]

It can be used for short visits not just settlement. You can apply for as many as you wish.

[wassim7]

Thank you very much for your assistance!

[Watandar]

I know its not required but you could add photos of you and your wife. Thats what I need when my wifes first application was refused.