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What evidence do they have of this? Is that what you told them?
it is clear from the documents you have submitted with your application that you and your wife(the EEA national) intent to go to the UK for you (me) to undertake an internship for approx. 6 months. Your wife wife has shown no intention of exercising any treaty rights while in the UK, and this made apparent at question 136 where you state it is your wifes intention to continue to receive danish unemployment benifits while you are both living in the UK
[b] Directive 2004/38EC Article 5(2)[/b] wrote:Family members who are not nationals of a Member State
shall only be required to have an entry visa in accordance with
Regulation (EC) No 539/2001 or, where appropriate, with
national law. For the purposes of this Directive, possession of
the valid residence card referred to in Article 10 shall exempt
such family members from the visa requirement.
Member States shall grant such persons every facility to obtain
the necessary visas. Such visas shall be issued free of charge as
soon as possible and on the basis of an accelerated procedure.
This ECO seem to have got things wrong or a bit confused about the rules. You have to explain to him that one doesn't have to be a qualified person until after 3 months.The Immigration (European Economic Area) Regulations 2006 wrote:
Issue of EEA family permit
12.—(1) An entry clearance officer must issue an EEA family permit to a person who applies
for one if the person is a family member of an EEA national and—
(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
(b) the family member will be accompanying the EEA national to the United Kingdom or
joining him there and—
(i) is lawfully resident in an EEA State; or
(ii) would meet the requirements in the immigration rules (other than those relating to
entry clearance) for leave to enter the United Kingdom as the family member of the
EEA national or, in the case of direct descendants or dependent direct relatives in the
ascending line of his spouse or his civil partner, as the family member of his spouse
or his civil partner, were the EEA national or the spouse or civil partner a person
present and settled in the United Kingdom
[b] Directive 2004/38EC Article 6(1&2)[/b] wrote: Right of residence for up to three months
1. Union citizens shall have the right of residence on the
territory of another Member State for a period of up to three
months without any conditions or any formalities other than
the requirement to hold a valid identity card or passport.
2. The provisions of paragraph 1 shall also apply to family
members in possession of a valid passport who are not
nationals of a Member State, accompanying or joining the
Union citizen.
Congrats mate, did you fill out an AIT-2 form and did you get the reconsideration decision in writing or via email?Hawk269 wrote:Obie, thank you for your advice!
The refusal of my EEA family permit had been reconsidered and the decision was overturned by the ECO! ( it took aprox. 6 weeks from date of refusal) My wife and I currently in the UK !
again, thanx for your help!