HELP!!!! EEA permit denied in USA-UPDATE

[crapstone]

The consulate has denied our application for my husband's EEA family permit (a non-EEA), to visit the UK because we have not provided sufficient evidence that we will be travelling together. Please advice me on what evidence we need to provide. We will be travelling together, along with our baby.
Also, how do I go about appealing their decision, and how long will it take? We are scheduled to travel at the end of february. Any advice will be highly appreciated. Thanks.

Update- The refusal letter states that I (an irish citizen) have not provided evidence that I am a qualified person under the Immigration (EEA) Regulations 2006. What does this mean? How should I show this evidence? Please HELP!!

[Obie]

A Qualified person is an EEA national who is exercising treaty rights in the UK as a Worker, Self- Employed, Self -Sufficient or Student.

You are not required to be a qualified person, until you have been in the Uk for more than 3 months. As it is you first entry into the UK, the ECO cannot refuse your spouse on grounds that you are not a qualified person.

[crapstone]

Thank you Obi for your reply. What should I do now? This is not the first time we are visiting the UK. We have visited UK in the past but only for a week at a time.
Should I bother with the appeal? Can they deny him the permit based on the fact that we are both unemployed here in the USA? How do I show self sufficiency? Do I have to get comprehensive health insurance? Should we then go to Ireland to apply? We have a family function to attend at the end of February, and we are worried that the appeal could take over 4 months to go through. Please help us. Thank you once again.

[Obie]

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.

You need to write to the Entry clearance Manager, and ask for him to reconsider the refusal on the grounds that Article 6 of Directive 2004/38 EC does not make the granting of right of Entry for family member subject to the fact that the EEA national should be exercising treaty rights in the UK, neither does Regulation 12(1aii) state that you have to be exercising treaty rights for the EEA family permit to be issued.

Also specify that one is not required to be a qualified person, before they could invoke the right of entry for their non-EEA family member, until they have lived in the Host member state for more than 3 months.

Make know to him that initial right of entry, which is what you are seeking, is not subject to any condition, except showing of evidence of relationship and evidence of your EEA nationality, for the first 3 months.

After that 3 months, you are then required to show evidence of treaty rights, which is right of extended residence.

You can also make a fresh application again, whichever is quicker, as it doesn't cost anything, and its success will not be dependant on the first application.


I wish the best, in you application.

[crapstone]

Thank you Obi. This really helps us. Is the problem the fact that we are applying from a third country that is not in the EU? How long does the appeal take generally? And how do I specify that my appeal is to go directly to the Entry Clearance manager, as opposed to the ECO? And does it matter that we are not lawfully present in the US? Both our work permits expired when we got laid off from our jobs.
I appreciate your advice.

[86ti]

TIs the problem the fact that we are applying from a third country that is not in the EU?

No, but I think I have sent you this link already: http://www.ukvisas.gov.uk/en/ecg/eunati ... milypermit . Read it carefully and remind the ECM of their own guidelines. Can you also give us the exact wording of the letter.

You could also try to complain here: http://ukinusa.fco.gov.uk/en/visas/. But I am not sure if that would be of great use except that somebody wakes up to the fact that they must understand EU law.

[crapstone]

Thanks guys. We re read the rejection letter and all the links you sent me, and deduced the fact that I did not include a letter stating clearly that I will be accompanying my husband into the UK when we visit. That is one of the requirements when applying for a family permit here.
So we have decided to re do the application, and this time include the letter. Wish us luck. I will keep you posted. You are guys are awesome. Your advice has been very helpful.

[crapstone]

Thank you Obie for your wonderful advice. You replied to my forum and gave me hope after I had despaired and given up hope of my husband coming with me to visit the UK. We received an email saying it has been approved today. I guess the only problem was I did not send a letter with his first application declaring that he would accompany me to the UK.
Thank you, and please continue giving advice to people like me where you can. You are a godsend!!! I wish you knew how many sleepless nights we have had:)
Thanks Obie and 86ti.....

[roros]

We wrote a letter with our application that my husband is working in the UK and will be traveling with me with a copy of his ID and letter from work
that should be fine!