EEA Family Permit Entry Clearance (Renewal) Denied

[JohnBarleycorn]

Hello to all, I recently received a negative decision regarding the renewal of my EEA FP Visa (Entry Clearance). Needless to say I was quite disappointed with decision and I am now currently looking for advice on how best to proceed. First, I will first provide a brief background on my situation.

Me: Canadian born, naturalized American. Fully registered physician with the GMC (UK) but currently unemployed. This information was included in my EEA FP renewal application. I was previously issued a EEA FP without incident and was able to register with the GMC and attend a number of interviews during this 6 month period. I currently reside in the Czech Republic with my wife and child and I have been issued a Czech Residency Card.

My wife: Czech citizen and we have been married for over two years. She is currently unemployed due to closure of her company. The company was closed whilst she was on maternity leave (we have czech born/citizen child) and now is receiving unemployment benefits. In the past, she lived and worked as an Au-Pair in the UK for 2 years a little over 10 years ago. Unfortunately I did not include her previous UK employment/residency information with EEA FP renewal. This will become relevant in terms of the visa denial.

Nearing the termination of my current EEA FP, I decided to renew my Family Permit and submitted an early re-application. The decision was rendered three weeks later (a week delay was due to a computer scheduling problem in Prague). My application stated I would be staying in the UK for 6 months. This is the full 6 months allowed by the EEA FP Entry Clearance with intention of applying for a Residence Permit (I believe via an EEA2). The intention to remain in the UK was not stated in the application as, quite frankly, I am unable to decipher where I would include such information.

Reason for refusal of EEA FP: Apparently my wife is not a "qualified person". The rejection letter states that we did not provide evidence of her having a genuine chance of being engaged (employed) in the UK. The letter gives a non-exhaustive list of the evidence we should have provided: CV, qualifications, English language skills. I did state that my wife is an active job seeker along with myself. Additionally , the rejection letter quotes my wife's bank account as insufficient in funds whilst ignoring my account information (substantially more).

My impression: This decision seems a bit arbitrary and fails to take into account i) My eligibility to work/earning potential ii) My account information & iii) I was previously issued an EEA FP Entry Clearance (which is still valid albeit for 2 weeks) without problem.

Advice Sought:
i) Should I appeal the decision as I am entitled to? I can only imagine the time commitment involved would be prohibitive.
ii) Reapply and include more supporting information/documentation (e.g. Wife's CV) (Ancillary question: will this denial be considered a 'black mark' and influence any subsequent re-applications or application for Residency Permit)?
iii) Seek legal counsel? Time and Money being prohibitive.
iv) Other avenues of immigration/permit?

I thank you all in advance for any help or assistance that you may be able to provide, it is very much appreciated.

Best Regards

[vinny]

If you reside in the Czech Republic with your wife and child and have been issued a Czech Residency Card, then the refusal seems contary to 12. Being a qualified person is unnecessary for the initial three months (13). When and for how long were you last in the UK?

See also EEA family permit if EEA national does not work in UK?

[JohnBarleycorn]

Vinny, first of all thank you for the prompt reply.

I would agree with you that that the denial does seem to be contrary to 12 and 13. I get the impression that the entry clearance officer is denying the application on a rather premature fear of my wife become a social burden (13(3)(b)). This impression is based on the following quote from the rejection letter "Where an EEA national intends to remain in the United Kingdom for 3 months or longer, the may only do so if they remain a qualified person."

In regards to your referenced topic "EEA family permit if EEA national does not work in UK?". I gather from the discussion that the EEA FP route makes the most sense, therefore I will ask again if resubmitting an application with stronger evidence of finances/job seeking (if I am in fact permitted to reapply without appealing first) or just appeal the decision.

When and for how long were you last in the UK?

Approximately 2 months ago for a period of a week (job interviews).

[JohnBarleycorn]

I was a bit myopic when reading my rejection letter and replying to your (Vinny's) post in regards to the decision running contrary to Regulation 12. Actually the entry clearance officer is using that very regulation to deny the EEA FP.

Quote "I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of Regulation 12 of the Immigration (European Economic Area) Regulations"

My apologies for not being thorough.

[Directive/2004/38/EC]

During the course of your first UK issued EEA FP, did you wife remain in the Czech Republic, or did she move to and exercise treaty rights in the UK? Were you working in the UK at the time?

Where is your wife presently? Where are you? Why are you not applying for a Residence Card?

More generally, as a family member you have a lot of rights in a new member state but only as long as your spouse is with you there in the first 3 months, and then after that only as long as your spouse is working/student/self-sufficient.

So for instance, you can not work in the UK on the basis of an EEA FP if she is not (for the most part) living there with you.

[JohnBarleycorn]

During the course of your first UK issued EEA FP, did you wife remain in the Czech Republic, or did she move to and exercise treaty rights in the UK?
She remained in the Czech Republic (CR). We visited together the first in order to register with the General Medical Council (GMC). Additionally, registering with the GMC required the EEA FP. Finances (and child) prevented us from outright moving to the UK.

Were you working in the UK at the time? No, I am an active job seeker. The plan was to secure a position and then move to the UK.

Where is your wife presently? CR
Where are you? CR
Why are you not applying for a Residence Card?
I am in the CR. I thought renewing my EEA FP would give me some more leeway with job searching from a more affordable abode.

More generally, as a family member you have a lot of rights in a new member state but only as long as your spouse is with you there in the first 3 months, and then after that only as long as your spouse is working/student/self-sufficient.
In other words, my eligibility to work/earning potential and savings are irrelevant?

So for instance, you can not work in the UK on the basis of an EEA FP if she is not (for the most part) living there with you.
Understood, thank you.

I am beginning to see that my "good intentions" and limited immigration knowledge may have been my own undoing.

[bennyfak]

i think you made a mistake by stating that you will be in uk for 6 months, u should have stated 3 months or even less then from there make some personal decission yourself.
i will advice you to re-apply and tell them you will be staying for two months and i bet you, you will get it.
you and your wife can only be there for three months without ukba asking for for employing and accts details.
godluck

[Directive/2004/38/EC]

JohnBarleycorn,

So the intent is that you will all, as a family, move to the UK. That is perfect. Get all your ducks lined up and it should be straight forward.

You EU wife needs to be either (1) working, (2) a student, or (3) self-sufficient with private medical insurance. Working can be part time, e.g. at the local Boots, or being genuinely self-employed in some form or another. Self sufficient means you have enough savings to avoid being dependent of big social services, even if you actually end up supporting yourselves through your medical work. Also the money you have in the bank account could be gift, or likely even a loan, in case you have relative who can park money with you on the expectation that you will eventually repay it.

If you are presently registered with the GMC, then you may be able to find locums in the UK. Again she needs to be in the UK while you are working, but possibly (??) could fly over with you and your child...

Do any of these ideas make sense?

Personally I think working in Scotland is the most lovely, especially in the summer. Ryanair flies lots of planes in and out of Preswick.

[JohnBarleycorn]

Directive/2004/38/EC & bennyfak,

That is correct, my family and I would ultimately like to settle in the UK for an extended period. Our original plan was to for me to secure employment in the affordable comfort of the Czech Republic. Unfortunately, my DIY approach to this has put me in a bit of a spot. Fortunately, it seems that all is not lost. The first thing I have realized is that we can not do this from the Czech Republic. We will have to tighten our belts and make the big leap across the channel. The second thing I have learned is how completely dependent I am on my wife's status as an EU citizen in order to make this work. I have to admit this came as a bit of sting to the ego as I believed myself a fairly strong candidate in terms of immigration (Humble pie anyone? I've got plenty to share). Third, granting of the EAA FP is a privilege and not a right (even for EU citizens). With all this in mind combined with the advice we have received, we have formulated a new plan.

We have decided to resubmit the application for Entry Clearance via an EEA FP for three months. We will stack the application with the missing documentation (e.g. Wife's CV, Evidence her English language skills and evidence of job seeking) and correct the deficient bank account. Three months should give us time to get our ducks in row in regards to applying for a long term Family Permit via EEA 1 & 2. We will take a one to two months to establish accommodation, joint bank account and employment for the both of us (I have already established a relationship with a number of Locum Firms). One month (at the very least) prior to termination of the Entry Clearance we will submit our applications (child included) for long term settlement (Residence Permit: wife and 5 Year Family Permit: Me).

Given my terrible track record, I will fully admit that I may have constructed a house of cards. Therefore, we are currently debating whether or not to engage legal counsel.

I'll end this terribly long post with a sincere thank you for the assistance I received. It is very much appreciated and needed.

Best Regards

P.S. Being Nova Scotia born, I already been bitten by the lure of Scotalnd and have made an effort to find employment there.

[vinny]

Can you go to the UK before your first FP expires? Moreover, entry without a FP is possible, subject to 11(4).

[JohnBarleycorn]

Vinny,

We seriously contemplated moving within the remaining time allowed by the Entry Clearance (EC), but decided that the time frame was too tight to get things done properly. As far as moving without an FP EC, I'm not really comfortable with the idea. I've heard enough stories of people getting yanked from hospital positions that I would like to do this with proper paperwork backing us up.

[koded]

I think you should reapply and I think it is not a good idea stating how much long you want to stay in Uk. You may write a letter stating that both you and your wife will be moving to Uk and that your wife will be actively looking for job. You should include evidence of her work history, since the reason given was that your wife is 'not going' to be a qualified person. And also include other documentations that may be necessary.
Wish you good luck

[Directive/2004/38/EC]

That is correct, my family and I would ultimately like to settle in the UK for an extended period. Our original plan was to for me to secure employment in the affordable comfort of the Czech Republic. Unfortunately, my DIY approach to this has put me in a bit of a spot. Fortunately, it seems that all is not lost. The first thing I have realized is that we can not do this from the Czech Republic. We will have to tighten our belts and make the big leap across the channel. The second thing I have learned is how completely dependent I am on my wife's status as an EU citizen in order to make this work. I have to admit this came as a bit of sting to the ego as I believed myself a fairly strong candidate in terms of immigration (Humble pie anyone? I've got plenty to share). Third, granting of the EAA FP is a privilege and not a right (even for EU citizens). With all this in mind combined with the advice we have received, we have formulated a new plan.

Leave the ego out of this entirely. You are making a choice to move with your family to another EU country. Since you wife is an EU citizen, it is by far easiest to do it this way. Even "VERY strong candidates" find the immigration process difficult, and the rest of us are mere normal people.

Note that the EEA FP is pretty much a right, so long as your wife meets certain criteria and you are properly married to her. Very little is at the discretion of the immigration office or the visa office, a fact that no doubt frustrates them.

We have decided to resubmit the application for Entry Clearance via an EEA FP for three months. We will stack the application with the missing documentation (e.g. Wife's CV, Evidence her English language skills and evidence of job seeking) and correct the deficient bank account. Three months should give us time to get our ducks in row in regards to applying for a long term Family Permit via EEA 1 & 2. We will take a one to two months to establish accommodation, joint bank account and employment for the both of us (I have already established a relationship with a number of Locum Firms). One month (at the very least) prior to termination of the Entry Clearance we will submit our applications (child included) for long term settlement (Residence Permit: wife and 5 Year Family Permit: Me).

Slow down and be clear. You do not need a joint bank account, or to establish accommodation. Or evidence of her language skills. Or even her CV.

Is your wife planning to work in the UK? (No is a fine answer, as long as she has money in her bank account)

Are you definitely moving to the UK forever, or are you going for a while to see what you find that will keep you there longer?

Given my terrible track record, I will fully admit that I may have constructed a house of cards. Therefore, we are currently debating whether or not to engage legal counsel.

"Given my terrible track record"? Huh? I don't think I understand.

Lets put things in perspective. They want different information when you apply next. That is it. This is not a big problem, or even much of a track record.

Even people who have entered the UK illegally, or have been kicked out for minor crimes, can come to the UK legally if they are married to an EU citizen.

I understand the desire to have a good lawyer who deeply knows immigration law (and especially the European law aspect of it) and who can clearly guide you through the process. But I think those people are, in my opinion, hard to find and likely expensive. I, regrettably, do not even know one I could recommend.

[Directive/2004/38/EC]

As far as moving without an FP EC, I'm not really comfortable with the idea. I've heard enough stories of people getting yanked from hospital positions that I would like to do this with proper paperwork backing us up.

The EEA FP is proof that you are legally allowed to work in the UK. If you want to be able to work from day 1, then it is worth arranging ahead.

[JohnBarleycorn]

Directive/2004/38/EC,

"Slow down and be clear. You do not need a joint bank account, or to establish accommodation. Or evidence of her language skills. Or even her CV."

I thought it would be best to pad the application as best we could. Most of the missing evidence mentioned in the rejection letter is personally necessary to our moving/living anyhow, so in the end it doesn't represent extra work.

"Is your wife planning to work in the UK? (No is a fine answer, as long as she has money in her bank account)"

Yes, she intends on working. She had already taken steps to look for positions in the UK (e.g. registering with monster UK), we just did not include this in our recent application. However, she had planned on job searching more thoroughly once we had established herself.

"Are you definitely moving to the UK forever, or are you going for a while to see what you find that will keep you there longer? "

I think the latter statement would best fit our plans. Moving to the UK offered a lot of advantages in terms of proximity to the CR, English language (my Czech is horrendous) , medical training and satisfying a sense of adventure.

"Given my terrible track record"? Huh? I don't think I understand."

This statement was in reference to my recent EEA FP rejection. I wanted to indicate that my current plans (as outlined in my "DIY Humbe Pie" post) may in vain due to my ignorance of immigration law. I certainly did not mean to imply any impropriety or illegal behaviour on my part, my apologies for any confusion.

In terms of finding a good immigration lawyer, I agree it may be difficult to find one as well as an expensive relationship. I am currently looking into who and what services may be offered.

Best Regards

[JohnBarleycorn]

Good Day To All,

I thought I'd post a follow-up to my EEA Family Permit Entry Clearance (EEA FP EC) problem. I'll dispense with the suspense and will say that I have been successful in obtaining a second EEA FP EC.

Now I will explain how I went about. Please bear in mind this may not be the best way to do it, but it did work for us. The first thing I did was to suspend all beliefs that this application revolved around me and the qualifications I may or may not have. In other words, this application is as much about one's EU spouse as it is about the Non-EU applicant. This point was reiterated to me by a UKBA officer during one of my visits to the UK. With this in mind, We filled out the application to make sure my spouse would be considered a qualified person per Regulation 12. We corrected the deficiencies regarding my spouse mentioned in the rejection letter (e.g. evidence of job applications, English CV & sufficient bank funds). We also included a brief letter explaining the nature of our first EEA FP EC (exploring options), that we are aware that should we stay over 90 days my wife will need to be/remain a qualified individual per Directive 2004/38/EC and I would also require a Resident Card.

For those that interested in the time-line, I submitted the application 16/05 and received an email notification that a decision had been made on 26/05 and was informed via telephone that I could pick up my documents on 27/05.

So now we are preparing to head to the UK and very much looking forward to our big move.

Thank you everyone for all your help. I'm sure I'll be back with more questions if & when we begin step two, the Residency Card.

[Nimitta]

Congratulation on your successful obtaining EEA FP! Good luck!