Post
by Gnud3mn » Sat Oct 24, 2020 5:14 am
This is what I found out so far from my research but please correct me if I’m wrong or missing anything. I would really appreciate that.
Under rule FP7(1), an application for an EUSS family permit or an EUSS travel permit will be refused on grounds of suitability where, at the date of decision, the applicant is subject to:
• a ‘deportation order’ (as defined in Annex 1 to Appendix EU (Family Permit)) or to a decision to make a deportation order
• an ‘exclusion order’ or ‘exclusion decision’ (as also defined in Annex 1 to Appendix EU (Family Permit)). Haven considered her case, I am satisfied that she wasn’t. This is because she had limited leave to enter early this year which is because she made successive visits and living in the UK without employement and violating the rule of her visit visa. It makes sense considering she previously spent more time in the UK than in her home country under a visit visa. However this is not a DEPORTATION ORDER.
Another good news, she was not refused through entry clearance that was granted under Appendix EU (Family Permit)) which was cancelled under paragraph 321B(b)(i) or 321B(b)(ii) of the Rules but of the visit visa which supports my initial thoughts that it doesn’t affect her euss family permit application. However the rule still mentions that she declares it right? so she should mention in her cover letter that “boarder force have previously refused her entry with her visit visa in xx month as they were not satisfied that she was a genuine visitor at the time and deemed her fit of contravening Par V4.2(b) of immigration rules, living in the UK through frequent and successive visits as I have no employment to return to in her home country”
If she explains that this happened because she was in a relationship with her now husband and she now intend to join him for which she is applying for this euss family permit for which she is qualified to do, does that solves the problem?
Your thoughts please?
