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hi petkanov,petkanov wrote:Have your husband write them a letter that during the first 3 months he doesn't have to be a qualified person ( it is called initial right of residence) and you have the right to accompany him.
You may want to pointe them to Regulation 13 in the EEA regulations.petkanov wrote:Have your husband write them a letter that during the first 3 months he doesn't have to be a qualified person ( it is called initial right of residence) and you have the right to accompany him.
petkanov wrote:Have your husband write them a letter that during the first 3 months he doesn't have to be a qualified person ( it is called initial right of residence) and you have the right to accompany him.
I read on Home Office website that even if we will travel together I need to apply for EEA FP and at that time we didn't have the documents ready to apply. Especially that my husband has resided in UK for 1 year before our marriage and was not working during that time, so 3 months rule cound not be applied I think. And he didn't have enough money to qualify as self sufficient, unfortunately.Directive/2004/38/EC wrote:Why did you not travel together to the UK?
After the first 3 months, he either needs to be working or actively looking for work. Either is fine.
In fact, I submitted the original work contract AND a letter from his employer(he is rather the buyer of the services, because my husband is self employed). But for the ECO it didn't prove that he is working In the refusal decision (I cited it in the first message), they say that he did not provide business accounts or bank statements, showing incoming monies. On home office website it says that the confirmation of self emloyment is self assessment forms, confirmaiton of national insurance contributions etc.Directive/2004/38/EC wrote:Can your husband get a letter from his employer stating that he is working and how much and how much he is getting paid?
You could then resubmit the application for the family permit and see what the embassy says.
But in 3 weeks he will already be there for 3 months since he left my country. Besides, he FIRST entered UK in March 2009 and was not working there for 1 year. Although I did not state that in the application - I put the date of his fist entry as May 15 2010, - I am scared that they can look him up and then I can be accused of deception or something.Directive/2004/38/EC wrote:I personally would not wait for anything.
You have a couple of options that I see:
(1) You can immediately appeal the current decision.
(2) You can submit a new application along with a strongly worded letter that points out that your husband has only been in the UK since May and that he has an UNCONDITIONAL right to be there for up to 90 days and that so does his family (i.e. YOU)
What documents I will have to submit in this case? Do I need to collect everything again? It will take 2 weeks and then it will be 1 week before my husband will be there for 3 months. Obviously I will intend to stay there longer... R u sure it will be OK to apply like that?Directive/2004/38/EC wrote:Basically, you could tell UKBA something like: "Directive 2004/38/EC is clear that there are NO preconditions on residence for the first 90 days in the UK, for either the EU citizen or their non-EU family. Work is not relevant to a decision when the EU citizen has been in the UK for under 90 days."
You might also add (I would) that you "expect the visa to be issued as soon as possible and on the basis of an accelerated timetable, and further delay by UKBA is not acceptable and will result in a formal complaint to the European Commission".
You could submit the same documents as last time.abraCadabra wrote:What documents I will have to submit in this case? Do I need to collect everything again? It will take 2 weeks and then it will be 1 week before my husband will be there for 3 months. Obviously I will intend to stay there longer... R u sure it will be OK to apply like that?
What country is she a citizen of? From which country does she have the Residence Card?englishman9 wrote:I am English and my wife is non-EEA and we are resident in Bulgaria. She has a residence card.
We have a right to apply for an EEA FP.
We applied for an EEA Family Permit and were refused.
They said we can appeal. Should we appeal or re-apply?
We gave them passports, marriage certificate, residence cards and proof of my job and income but they said our marriage is of convenience.
What documents would be useful to submit?
They suggested utility bills etc but we don't have these as we are living with relatives.
thanks
In general they can refuse entry on the following grounds:englishman9 wrote:I think this means that they cannot refuse entry if we can prove she is 'family member' by our marriage certificate(which is translated and apostille into English) and passport / Residence Card
So if we turn up at the UK border (airport or border with France) getting on the plane may be diificult but if we drive up to the tunnel - UK Immigration is on the French side then they can't refuse us?
Any evidence of having been together abroad?englishman9 wrote:We were in India, Indonesia and mainly living at her family's home, we've been in Bulgaria the last 6 months.
Signpost just gives advice. It is SOLVIT which should act on your behalf (but the truth is that they don't have any actual power).englishman9 wrote:EU say the UK is wrong about it but that they can't really do anything - they said it's U.Ks decision - very prompt reply from EU Signpost though!
Yes, some people seem to be succesful with that. But your problem may well be whether your refusal will be known to the border forces or not.englishman9 wrote:Has anyone just turned up at the UK border and enter WITHOUT the EEA Family Permit just with marriage certificate and passports?