EEA Family Permit to be in the UK with EU Citizen questions

[freedom83]

Dear All,

I am just wondering if any of you applied for a Family Permit (married partners)/entry clearance from your country of origin?
How long has it been before you got it ( or have been refused) ?
I have been fighting to get an entry clearance for my partner in the UK but has been refused. My partner of 5 years and I had appealed but we had been refused again. HO advised us to go back to my partner's home country and apply for an Entry Clearance from there. HO accepted that our relationship is durable and genuine but advised my partner to leave the UK. My partner went back to his country of origin ( Cameroon) 28.02.2008 . He was an over stayer in the UK ,used to report to UK Immigration Service once a month (since Dec 2005) as he was detained twice and after loosing the appeal he decided to leave UK voluntarily on his own expenses. We got married in Cameroon in March this year and he had an interview at BHC 28.04.2008 ( he had to wait 2 months for the interview!) He admitted all necessary documents, bills etc. The person who interviewed him said all was fine...
I am a bit worried and confused... I know it takes time ( but how long in general) and what are alternatives in our case if he is refused?
-Is there any chance to chase this up ?
-Does BHC send the application to UK or they just contact HO from there?
-What are the main reasons to refuse FP eg. breach of UK immigration law- what are they?
-What is the procedure if his FP is refused? Can I appeal from here and who should I address the appeal to or he needs to do that from there?

Just trying to plan any possible alternatives ahead.
Please advise if you can or share similar experience...
Thank you in advance

Best regards

[John]

OK you have told us about your husband, but what about you?

What is your Citizenship? You are living in the UK? In what way are you exercising your EU/EEA Treaty Rights? For example, are you employed? Self-employed? Or what?

How long have you been exercising your Treaty Rights in the UK?

[freedom83]

OK you have told us about your husband, but what about you?

What is your Citizenship? You are living in the UK? In what way are you exercising your EU/EEA Treaty Rights? For example, are you employed? Self-employed? Or what?

How long have you been exercising your Treaty Rights in the UK?

I am Polish, I have been living and working in the UK for the past 5 years. I registered with HO in May 2004 under WRS as soon as Poland joined EU. I am employed full time.
I received my Resident Certificate in March 2007.

[John]

That is great. Clearly you are exercising EU Treaty Rights in the UK.

Accordingly, unless there is reason for them to think that the marriage is a marriage of convenience, and why would they think that, your husband has a right to join you so that he may also exercise EU Treaty Rights, unless he is a danger to Public Safety or Public Health.

In the circumstances the British Mission in your husband's country will probably consult with the UK, to ensure that everything is OK, and then they will hopefully issue the EEA Family Permit. In reality such applications are rarely refused.

If there is a refusal, exceptionally, then it is a question of looking at the reason for refusal, and then deciding what to do next.

[freedom83]

That is great. Clearly you are exercising EU Treaty Rights in the UK.

Accordingly, unless there is reason for them to think that the marriage is a marriage of convenience, and why would they think that, your husband has a right to join you so that he may also exercise EU Treaty Rights, unless he is a danger to Public Safety or Public Health.

In the circumstances the British Mission in your husband's country will probably consult with the UK, to ensure that everything is OK, and then they will hopefully issue the EEA Family Permit. In reality such applications are rarely refused.

If there is a refusal, exceptionally, then it is a question of looking at the reason for refusal, and then deciding what to do next.

Thank you , John. I do appreciate your reply.
However -I have also one more question- obviously he is NOT a danger to Public Safety or Public Health- but I must confess he had been imprisoned in the UK from August 2005 till Dec 2005. He did something very stupid, shameful and he paid for it. He was charged with using a false passport... He was sentenced to 8 months ( he served 4months only). The day he was arrested , the immigration started being interested in his case.That's why he got two offenses- using false documentation and being an over stayer.
After 4 months in prison- he was transfered to Detention Center. I managed to get him being released on bail.
This is how he started reporting to UK Immigration Service ( Dec 2005-Feb 2008)
Do you think that all this( mainly CR) can affect his application? He has a criminal record now but I have read somewhere that any application cannot be refused or the application cannot be affected if the person was convicted of this kind of offense for less that 12 months. Is this true?

[John]

Clearly there are some offences, such as being involved in armed robbery, which might lead someone to conclude that a person represents a danger to Public Safety. However the passport offence is clearly not in that category, but it might explain why the application is taking some time to process.

Hopefully things will turn out fine, but if they so reject the application, do post the grounds for the rejection, so comments can be made about what to do next.

[Wanderer]

Clearly there are some offences, such as being involved in armed robbery, which might lead someone to conclude that a person represents a danger to Public Safety. However the passport offence is clearly not in that category, but it might explain why the application is taking some time to process.

Hopefully things will turn out fine, but if they so reject the application, do post the grounds for the rejection, so comments can be made about what to do next.

Could it not count as deception?

[John]

Maybe, but that would not detract from his EU Treaty Rights, to live in the UK with his spouse.

[freedom83]

Maybe, but that would not detract from his EU Treaty Rights, to live in the UK with his spouse.

Hello,

My husband got the FP- finally , after 2 months wait. He went to BHC and they told him he was successful...
I should be very happy , but I am mad- the visa was issued last month!! And they told him that just today!! A month later- while FP is valid for 6 months only!! They just wasted a month out of 6!!
They did not even call him. They left the voice mail on my phone here , in the UK and asked me to pass him a message when they had his number too!!
Is this how it works? They just issue a visa and they finally realize they have to inform a person? They even issued that visa a day after he had his flight back to UK...
please advice- is there any chance or legal chance to have that date extended up to 3 months?? He cannot flight to UK just yet, as I am trying to get financial part sorted.
If the date n FP will stay as it is (29.05) , and when he comes to UK around August - will he still have a chance to get a Residence Card?
What are your views on all this?

[thsths]

If the date n FP will stay as it is (29.05) , and when he comes to UK around August - will he still have a chance to get a Residence Card?

Relax. He just has to enter the UK within the validity period, but he can stay longer. The FP is not a visa, and it does not confer any rights, but only confirms an existing right.

That being said, you should try to apply for the residence card asap. If the FP is still valid, that may be a bonus.

Tom

[John]

you should try to apply for the residence card asap

I agree, no harm in doing that, but I think it helps if it is clear that he is exercising his EU Treaty Rights, for example by being employed.

My husband got the FP- finally , after 2 months wait.

Just to emphasise what thsths has already posted, the EU Treaty Rights exist, and the EEA Family Permit already issued, and the Residence Card to be issued in the UK later, are merely confirmatory of the rights already possessed. Accordingly the way the EU regulations, that came into force on 30.04.06, are worded he does not even need to make an application on form EEA2 for the Residence Card. It is voluntary that he makes that application. Even without the Residence Card he has all of his EU Treaty Rights.

Having said that it would be a good idea for the form EEA2 to be submitted, if only because having confirmation of the EU Treaty Rights is actually quite handy for a non-EEA family member. It will certainly make it a lot easier getting employment, or indeed staying in an existing employment.