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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.[b] Regulation 2006 [/b] 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.
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.crapstone wrote:TIs the problem the fact that we are applying from a third country that is not in the EU?