advice needed-eea family permit

[MrsA2009]

Hello everyone.

My husbands eea family permit was recently refused. The reasons for refusal were -

(A) I have deduced from your sponsor's letter that she is not presntly living or working in the UK. You have failed to provide evidence that your EEA national family member is a qualified person in accordence with regulation 6 of the immigration (EEA) regulation 2006. I am not statisfied that your EEA national family member is residing in the UK in accordance with Immigration Regulations 2006.

(B) Your sponsor has said that she is planning to move to the UK and wishes for you travel with her. However there is no evidence to substantiate these plans. I am not satisfied that your eea national family member is residing in the uk or will be accompanying you within six months of the date of application in accordance with regulation 12(a) of the immigration regulations 2008.

For A - I was told I was not required to be a qualified person until I have been in the uk for more than 3 months. Am I right in thinking that as it is going to be my first entry into the UK, they can not refuse my husband on the grounds that I am not a qualified person?

B - I wrote a cover letter to state that I would be moving to the UK in April and I wanted my husband to join me. I am not sure what evidence they looking for? Is it evidence that Im making plans to move to the UK- job applications etc?? Or that I will be travel with my husband?

I am not currently living with my husband. The plan was for me to travel to his country at the start of April and spend a week with his family then to travel together to the Uk. I did state in my cover letter that we would travel together to the Uk. I will be booking my tickets to his country in tomorrow, will this be enough edvience to show that he will be accompanying me to the UK?

Thanks for any help.

[86ti]

For A: You are right.
For B: You do not have to show tickets. A marriage certificate and your passports should be sufficient.

Looks like another ECO doesn't under the EEA Immigration Regulations despite citing them. What consulate was that?

Have also a look at
http://www.immigrationboards.com/viewtopic.php?t=51333
http://www.immigrationboards.com/viewtopic.php?t=49625

[MrsA2009]

Thanks 86ti.

It was the british embassy in Morocco.

With the application I sent my passport and my hubands and our marriage cert. In the cover letter I stated that I would like my husband to travel with me. So Im not sure what evidence they are looking for.

My husband is putting in a new application on friday, If I state in the letter that I will travel to morocco first and then we will travel to the Uk together will this make a difference? Although I do not need to show tickets, if I show my tickets to travel to him, along with the letter to state that we will travel together - would that be enough evidence?

[86ti]

My husband is putting in a new application on friday, If I state in the letter that I will travel to morocco first and then we will travel to the Uk together will this make a difference? Although I do not need to show tickets, if I show my tickets to travel to him, along with the letter to state that we will travel together - would that be enough evidence?

You can certainly waive your right not to show tickets. Possible that it works. I can't think of anything else in your situation if the ECO is unwilling to understand EEA law.

Is the embassy aware that you are currently not living together?

How do you want to counter point A? What do you want to do in the UK? You may want to make the ECO aware of Article 6 of the Directive 2004/38/EC which clearly states that there are no further requirements for the first three months? I assume you have stated that you want to stay in the UK for longer...

[MrsA2009]

Yes they are aware that we do not live together.

We didnt state how long we wanted to live in the UK for. I did said that I am planing to move to the UK and will seek employment when I arrive.

I read in another post that intial right of entry, which Im seeking is not subject to condition expect showing of edvience of relationship and evidence of my eea nationality - Should I say in my cover letter that I am aware of this?

I will put in the new cover letter that I am aware of my rights. I know that I am not required to be a qualified person until I have been in the UK for more than 3 months.

Should I say in the cover letter that - Article 6 of directive 2994/38/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 (iaii) state that you have to be exercising treaty rights for the EEA family permit to be issued.

[thsths]

Yes they are aware that we do not live together.

Hm, that is an important point. While according to European law you are not required to live together (neither before nor after moving to the UK), it does raise a lot of questions.

I would just apply again and address the two issues. You can provide job adverts that are in your field, or even sent applications, invitations or rejections as evidence that you are looking for a job.

And you can certainly book a flight and present the tickets. While I cannot see how that adds credibility, and it does raise the question what happens if you cancel, it certainly makes things a bit easier. At some airlines you can still get a reservation with little or not cost for cancelation, and that is usually sufficient as evidence for planing to travel.

[86ti]

Yes they are aware that we do not live together.

Obviously they haven't insinuated a sham marriage so I suppose you have been married for a while? For how long have you been apart? Can you reasonable justify this in the cover letter?

read in another post that intial right of entry, which Im seeking is not subject to condition expect showing of edvience of relationship and evidence of my eea nationality - Should I say in my cover letter that I am aware of this?

will put in the new cover letter that I am aware of my rights. I know that I am not required to be a qualified person until I have been in the UK for more than 3 months.

Should I say in the cover letter that - Article 6 of directive 2994/38/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 (iaii) state that you have to be exercising treaty rights for the EEA family permit to be issued.

Yes, I would think it is a very good idea to put all that down.

[MrsA2009]

I have planned to move to the UK in April so I have only applied for a small number of jobs so far. I am a beauty therapist, I contacted a number of salons etc who have told me to contact them once I am in UK. I am finding it hard to get anyone to reply to me because I am not yet in the Uk. I did sign up for a website that sends me an email when jobs become available that Im suited for.

I understand the ticket issue, but I will send them anyway.

[MrsA2009]

Yes they are aware that we do not live together.

Obviously they haven't insinuated a sham marriage so I suppose you have been married for a while? For how long have you been apart? Can you reasonable justify this in the cover letter?

read in another post that intial right of entry, which Im seeking is not subject to condition expect showing of edvience of relationship and evidence of my eea nationality - Should I say in my cover letter that I am aware of this?

will put in the new cover letter that I am aware of my rights. I know that I am not required to be a qualified person until I have been in the UK for more than 3 months.

Should I say in the cover letter that - Article 6 of directive 2994/38/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 (iaii) state that you have to be exercising treaty rights for the EEA family permit to be issued.

Yes, I would think it is a very good idea to put all that down.

I have been married for 5 months but my husband and I have been together 4 years. If we apply again can they refuse us for a sham marriage even though they didnt the first time?

Our plan since since before we got married in November was to move to the Uk. I didnt have the funds to go when we got married so I returned home to work so we would have more money when we go to the UK as I know it may take some time to find employment,

[86ti]

I have been married for 5 months but my husband and I have been together 4 years. If we apply again can they refuse us for a sham marriage even though they didnt the first time?

I do not know but you could be proactive by supplying evidence that you have been together for a longer time. 4 years should more than suffice.

[craftynick]

Dont know if this helps or not but my husband just got his EA family permit last week. We got married in Nov 08 & were both living in Spain but we never changed my address so that we were registered at the same address. My job then finished & i moved back to UK in July 09 so we were actually living apart for 8 months & his was still given. We did provide proof that we had been together much longer than this but they werent even interested in it. We even had to convince them to take the proof of flights that i had been goign over to see him every 6 weeks in Spain. The main difference with my story is that i have been working in UK since July, other than that it only took 1 week for his visa so living apart was not really considered a problem.