EEA permit accepted, residence declined??

[rj9722]

Hi all,

Reflecting on the EEA-route and wondering about how this scenario comes about- if your EEA permit (6-month visa) is accepted and then once in the UK you apply for the UK residence card and that is declined.

If the same supporting documentation/information is the same as in the initial EEA permit application how can this scenario possibly happen?

Many thanks for any experiences/information!

[Obie]

It is a very common scenario .

There is a world of difference between the requirements for EEA family permit and residence apart from their different durations.

Someone does not need to be a qualified person to have EEA family permit, but they need to for Residence card.

[rj9722]

Many thanks for your replies.

How common is this scenario? What happens afterwards? People appeal?

In what ways are there a world of difference between the two applications- it looks roughly you have to prepare the same type of evidence?

What do you mean by qualified person?

Sorry for lots of questions!!

[noajthan]

...

What do you mean by qualified person?

Sorry for lots of questions!!

Qualified Person under EU rules means someone exercising treaty rights in one of a number of specific recognised categories.

These are:

• worker;
  jobseeker;
  self-employed;
  self-sufficient;
  student;

There are particular rules or requirements to fulfill in each case.

[rj9722]

Thanks for the clarification on qualified person. Confused about how it is used in this context:

"Someone does not need to be a qualified person to have EEA family permit, but they need to for Residence card."

I (EEA citizen) and my husband (non-EU) have been working in Sweden for over a year. This makes us qualified to apply for the 6-moth EEA permit, on which we will then travel to the UK together. Once in the UK I will get a job and start working there and then he will apply for the UK residence. Does this affect me as qualified person?

[Wise]

To be a qualified person in United Kingdom you need to be in any category above and any way you choose to demonstrate that has to be genuine. without that am afraid the HO will not issue your partner any RC.

Your treaty right here in United Kingdom is want count and not the one in Sweden.

[noajthan]

Thanks for the clarification on qualified person. Confused about how it is used in this context:

"Someone does not need to be a qualified person to have EEA family permit, but they need to for Residence card."

I (EEA citizen) and my husband (non-EU) have been working in Sweden for over a year. This makes us qualified to apply for the 6-moth EEA permit, on which we will then travel to the UK together. Once in the UK I will get a job and start working there and then he will apply for the UK residence. Does this affect me as qualified person?

The EEA Family Permit is a kind of visa imposed by the UK government.
It is not a part of EU Regulations.

A Family Permit just enables someone to enter UK for 6 months and that's it.

Note: The legality of the requirement by the UK to require EEA family members to hold a family permit to enter the UK has long been disputed by the European Commission.

In comparison, a RC is an implementation of EU directives & regulations
That is why other elements of EU Regulations also apply, including the need for a qualified person to be exercising treaty rights.

A UK-issued RC simply confirms the status of the family member of an EEA national.

So the UK-mandated Family Permit eases your transit into UK.

Once in UK, the RC is then a confirmation of right of residence (in UK) as the dependent family member of an EEA national who is a qualified person exercising treaty rights.

If they were not exercising treaty rights (after the initial 3-months period of grace) then you would not be granted the RC confirming a right of residence.