Urgent help! EEA FP additional documents required

[tobieoud89]

Thanks Dalebutt,

I'll just leave it then. Disappointed in the that we went to the visa service center twice, but happy with this e-mail. Hope we wil be in England soon.

[tobieoud89]

Hi all,

Here is an update on our visa application....

After a wait of 36 working days my wife picked up the passport today at the visa application center and the FP got refused.....

On the refusal letter it says that our visa is refused on regulation 12(a),

(a)the EEA national—

(i)is residing in the UK in accordance with these Regulations; or

(ii)will be travelling to the United Kingdom within six months of the date of the application and will be an EEA national residing in the United Kingdom in accordance with these Regulations on arrival in the United Kingdom; and

So it means that we have failed to prove that we are going to the UK....??

Help is much appreciated !!!!

P.S. I will forward you the complete refusal wording as soon as my wife comes back from Bangkok!

[vinny]

12(1)(a)(i) is not applicable when 13 is applicable.

However, if the EEA national is yet to arrive in the UK, or is residing in the UK within the initial three month period of residence, there is no requirement for the EEA national to provide evidence they will, in future, exercise free movement rights.

Requiring travel tickets contradicts their previous and current "strong advice".

We strongly advise you not to confirm your travel arrangements until you have received your visa.

Further supported by their Guide to supporting documents: EEA family permit

We advise that you do not make any payments for accommodation, travel and so on until you have received your visa.

Therefore,

a letter from your partner or family in the UK declaring that they’re travelling with you or that you’re coming to stay with them in the UK

should be sufficient instead of travel tickets (19) for 12(1)(a)(ii).

The right to reside under the Regulations on arrival is given in 13.

Do advise Mark Kent to demand better training for his staff.

[dalebutt]

Brilliant Vinny!, Appalling decision, my little boy would do a better job understanding the regulation. Do you understand the interpretation of above regulation? If you need further assistance do not hesitate to ask, send it and ask for a quick reconsideration, and it has to be quick or you will take legal action after 15 days turned to 36 days.

[tobieoud89]

Thank you so much for the replies guys!

Awesome post Vinny!

What is the best step to take? Should I appeal or should I re apply for a FP?

Either way I'm not too happy with the decision, but didn't expected anything less from the British embassy.

[dalebutt]

Appeal will take considerably long, send a reconsideration request and submit a new application at the same time whichever comes out first.

[Directive/2004/38/EC]

You should first request that they reconsider their initial decision. Ask that an ECM is involved in the review. Ask that they also seek advise from the European Policy team in the UK.

You can and likely should consider applying again. Prepare a strong cover letter.

I have a question. Did you (EU citizen) include a cover letter or other statement in which you stated that you would be travelling with your family?

Also, was your wife asked whether you were travelling together during her "interview"?

[tobieoud89]

You should first request that they reconsider their initial decision. Ask that an ECM is involved in the review. Ask that they also seek advise from the European Policy team in the UK.

You can and likely should consider applying again. Prepare a strong cover letter.

I have a question. Did you (EU citizen) include a cover letter or other statement in which you stated that you would be travelling with your family?

Also, was your wife asked whether you were travelling together during her "interview"?

HI directive,

This is literary the cover letter I included;

To Whom This May Concern,

My name is XXXXX XXXXX and I am a Dutch National who has lived and worked in Thailand for the last 3 years with my wife , XXXXX XXXX, who is a citizen of Thailand. We have two children together who are 4 and 1 year old. We will be traveling to the UK together.

I would respectfully request that my wife and children be granted an EEA Family permit based on my treaty rights as an EEA national, for which I am submitting the following supporting documents:
• A certified copy of my Passport
• My wife’s and children's Thai passport
• Our Marriage Certificate (original & endorsed translation)
• A passport photo for my wife
• Birth certificates from both our children


Please contact me if you should need any additional details at XXXXXXXX@hotmail.nl to get the quickest response. Also feel free to call me 09-XXXXXXXX

Thank you for your assistance in this matter,

XXXXXXX

(signed)

They also asked if we will be traveling together to the UK in the telephone interview. My wife responded "yes".

(isn't it impossible for her to travel to the UK by herself on a FP without me joining her?)

Thanks again for your advice Directive!

[tobieoud89]

Hello everyone,

Here is the complete refusal wording.

Your Application

You have applied for admission to the United Kingdom by virtue of European Community Law as the family member of a European Economic Area national who is exercising, or wishes to exercise, rights of free movement under the Treaty of Rome in the United Kingdom.

In assessing your individual application it has not been necessary to interview you, but I have taken account of;
- an interview with you
- your family circumstances and
- the supporting documents you provided

I have used all the information provided by you to determine if, on the balance of probabilities, the immigration (European Economic Area) Regulations 2006 have been met.

The decision

You have applied as a European Economic Area (EEA) family permit for admission to the UK as a family member of an EEA national. In assessing an application from an EEA national's direct family member, the entry clearance officer (ECO) should be satisfied that:

- The EEA national is residing in the UK in accordance with the EEA Regulations (as qualified person exercising treaty rights) if more than 3 months) and the non-EEA national is joining them; or the EEA national intends to travel to the UK within 6 months and will have a right to reside under the Regulations on arrival, and the non-EEA national will be accompanying or joining the EEA national.

Your application has not been successful as you have not produced enough documentary evidence of this, namely that your family member meets the criteria underlined in the requirement above. 'I am therefore not satisfied that your EEA national family member is residing in the UK, or will be accompanying you to the UK within six months of the date of the application, in accordance with the Regulation 12(a) of the Immigration (European Economic Area) Regulations 2006.'

I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of Regulation 12 of the Immigration (European Economic Area) Regulations 2006.

Entry Clearance Officer: PQ
Date of refusal: 27/10/2014 (35 working days after I applied!!

So it seems that the key sentence is; Or the EEA national intends to travel to the UK within 6 months.

I have to proof my intend to travel to the UK? But according to their website and by Vinny's post I am strongly advised NOT to buy plane tickets not rental agreements, nor can I provide a working contract because I am not in the UK.

What kind of proof they want?

At this moment I have made a flight reservation for all of us, do you guys think that is enough to proof my "intend to travel"?


I want to write them an e-mail requesting for a reconsideration. Should this be aimed at the embassy?
What e-mail address should be used for this, or could this be any as long as it's the embassy? ( I have multiple e-mail addresses)

What should be in this e-mail? I saw Vinny's post that I somehow want to include, is there a way someone could set-up a template that is clear and straight to the point (I really appropriate the time you guys take in helping me)

Directive how should I go about in getting a Entry clearance manager involved and European Policy Team? I just request in an e-mail that this should be forwarded to an ECM and a EPT in the UK?

I also want to re-apply and I working on a cover letter now. (any feedback for that would be much appropriated too)

Thank you so much for your time guys.

[Directive/2004/38/EC]

Another shocking refusal from UKVI!

(1) You do not need to ticket. They even advise you not to purchase one.
(2) 35 working days is 7 weeks. There is no excuse for it taking so long.

Reapplying could take another 7 weeks. Request, very firmly, that they reevaluate the visa application and issue the visa, as they are lawfully required to do.

[vinny]

You have already both declared that you will be travelling together (19). Moreover, doesn't the very act of applying for an EEA family permit, that is valid for six months, also demonstrates an intention to travel to the UK within its validity period?

Why else would someone apply? For the sake of not travelling?

Conversely, I would have thought that, on the balance of probabilities, people without intentions to travel to the UK within six months would not make any applications for EEA family permits in the first place.

The right to reside under the Regulations on arrival is given in 13. For completeness, did you show that you won't become unreasonable burden on the social assistance system of the United Kingdom, etc.?

[tobieoud89]

You have already both declared that you will be travelling together (19). Moreover, doesn't the very act of applying for an EEA family permit, that is valid for six months, also demonstrates an intention to travel to the UK within its validity period?

Why else would someone apply? For the sake of not travelling?

Conversely, I would have thought that, on the balance of probabilities, people without intentions to travel to the UK within six months would not make any applications for EEA family permits in the first place.

The right to reside under the Regulations on arrival is given in 13. For completeness, did you show that you won't become unreasonable burden on the social assistance system of the United Kingdom, etc.?

I completely agree with you.

did you show that you won't become unreasonable burden on the social assistance system of the United Kingdom, etc.?

Do you mean disclose my financial information?

[vinny]

Do you mean disclose my financial information?

Yes. However, on second thought, perhaps it's not a necessary requirement to show this. The initial right of residence automatically exists, until you become an unreasonable burden.

[tobieoud89]

Do you mean disclose my financial information?

Yes. However, on second thought, perhaps it's not a necessary requirement to show this. The initial right of residence automatically exists, until you become an unreasonable burden.

I also have the idea that you become a burden and don't have to proof anything beforehand.

Anyway, I have used some part of your posts and send a firm e-mail requesting for a reconsideration.

I have addressed this email to the ECM of the BKK embassy.

I would also like to send an e-mail to UKVI in england just to ask them if I need to show proof of my intent to travel to the UK (flight tickets, work contract, rental agreement) in order for my wife to obtain her FP.

Seems to me if the UKVI denies the need for this, the embassy will be in a corner.

I'm looking for an e-mail address but so far no luck......

[vinny]

I'm looking for an e-mail address but so far no luck......

Try Sarah.Rapson@homeoffice.gsi.gov.uk or europeanoperational@homeoffice.gsi.gov.uk?

[tobieoud89]

I'm looking for an e-mail address but so far no luck......

Try Sarah.Rapson@homeoffice.gsi.gov.uk or europeanoperational@homeoffice.gsi.gov.uk?

No response from Sarah. The other email says its getting back to me within 10 working days, but also mentions that it only takes on question from inside the UK. I'll keep at them

Another shocking refusal from UKVI!

(1) You do not need to ticket. They even advise you not to purchase one.
(2) 35 working days is 7 weeks. There is no excuse for it taking so long.

Reapplying could take another 7 weeks. Request, very firmly, that they reevaluate the visa application and issue the visa, as they are lawfully required to do

Thanks for your reply directive

I have wrote a very firm e-mail, still waiting for a response from them. Today I hope i'll be able to send you the scan of the refusals. If not today than tomorrow! (too much work )

We are planning to reapply today, I have some questions though.

Do my wife and children need to give Bio-matrix data again? They already gave it last time.

Is it possible to authorize an agency to give documents at the visa service center?

Can't find the answers to these questions on-line and for some reason the wonderful HGS e-mail inquiry service is not working...

[tobieoud89]

Hello all,

After writing a reconsideration e-mail, I have received this back.

Dear Ms xxxxxxx



Thank you for your email.



I have reviewed the decisions to refuse EEA family permits to you and your 2 children, xxxxx and xxxxx. I am satisfied that an error was made in the decision making process and that you do qualify for an EEA family permit. I apologise for this error but hope that this is welcome news. This office will now contact you to arrange the submission of your passports to enable family permits to be issued.

I am sorry for the inconvenience that this has caused.



Yours sincerely

Finally it has been approved!!! I want to thank everybody for helping and advising me. Without your help it would have taken a lot longer.

England here we come

[dalebutt]

Great stuff, common sense prevails. Get packed and safe journey.