EEA FAMILY PERMIT DENIED... i need help...

[yamcheka]

I'm from Philippines married for 4 years. My EEA FP Application was refused due to reason that my husband (Hungarian, working in UK for 5 yrs) and me have not seen for 3.5 years. Our reason behind this... we were caught in the middle of the economic crisis last 2009. we last seen each other Feb,2008. on my application i have attached proof of communication, some money transfer bills, and lots of photos. i also supplied my husbands past 6months payslips and bank statement. Now that we feel that we are financially able to travel, i have applied for the EEA FP.

can anybody pls advice me what to do? i wanted to explain my side of story without going on for an appeal coz from what i have read appeal will take most likely a year or so. and what are the necessary documents i need to attach to my letter? to whom shall i address my letter? any advice is greatly appreciated. Guys pls help!!!
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[nonspecifics]

I will probably get criticised for this, but the truth is that there are many Filipinos who have cheated the immigration system in the UK, so they can work here.

Thus, even though you may be 100% genuine, because of all the cheating Filipinos, before they even look at your application more closely, when they see Philippines as your nationality you will be subject to more scrutiny than applicants from many other countries.

But, that does not solve your problem.

Clearly, UKBA are unhappy that you have spent so little time together since you got married.

Maybe your husband should visit you again in the Philippines for a prolonged holiday ( if possible).

You could then re-apply for a FP, explain your husband is there with you in the Philippines, because you are a genuine couple. If he has spent the best part of £1000 on a flight to be with you again that is proof of more commitment to you. You can say again that it was only the economic situation before that prevented you from being together more often.

State you are going to travel back together to the UK, as you are a genuine married couple. He could book a ticket for you too, which would be more proof that you are a genuine couple if he has proof he paid for it - but I would get one that allows it to be cancelled, so you can get a refund if the EEA Family Permit is refused again.

[alekos]

I'm from Philippines married for 4 years. My EEA FP Application was refused due to reason that my husband (Hungarian, working in UK for 5 yrs) and me have not seen for 3.5 years. Our reason behind this... we were caught in the middle of the economic crisis last 2009. we last seen each other Feb,2008. on my application i have attached proof of communication, some money transfer bills, and lots of photos. i also supplied my husbands past 6months payslips and bank statement. Now that we feel that we are financially able to travel, i have applied for the EEA FP.

can anybody pls advice me what to do? i wanted to explain my side of story without going on for an appeal coz from what i have read appeal will take most likely a year or so. and what are the necessary documents i need to attach to my letter? to whom shall i address my letter? any advice is greatly appreciated. Guys pls help!!!
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Can you post the rejection letter here?

[rjpanther]

wow 3.5 years? you survived that long? not seeing each other? I haven't seen my husband for almost a year now will be a year on september and am dying already.... well because of this economic crisis that's why yeah I get that..... so me and my husband planned that he will come over on december so we can submit the application together ..... am just worried about bank statement requirements.... because my husband's account is not that good seems to be always overdrawn that's why we haven't been submitting an application yet....

I am curious would it be a problem if am the one who's gonna buy ticket for my husband? this is because we don't want him to use the money that he will be saving so we can have something to present ...... should that matter who will pay? I am his wife what's mine is his and vice versa... and besides we miss each other so much already so it doesn't matter for me who pays..... but will the ukba mind about that? will they contest who paid?

[yamcheka]

[Can you post the rejection letter here?]

DECISION:

You married your Hungarian husband in the Philippines in Feb2007. He has visited you only once since that time, for 13 days in Feb2008. You have not explained why neither of you you have made plans to visit each other since this time. I acknowledge some financial dependency upon your husband and there are some cards and other evidence of intervening devotion (phone bills) in your application, but overweighing these factors is the fact that you have not attempted to see each other nearly 3.5 yrs. On the balance of probabilities therefore, I am not satisfied that you have adequately evidenced any form of cohabitation or that this marriage is subsisting and that intend to live together in the UK as husband and wife.

I therefore refuse your EEA FP appl'n....

@rjpanther:

I guess it does not really matter how much you have in your acct. for eea appl'n, you just need to prove that your husband is working. We were hesitant before because of our savings but you better try applying before they (ECOs)can find reason to refuse your appl'n. you cant take back time but money... there's always a way.

and yes, we've been a lot of trials and gallons of tears. yet, we still here... we really need a boost. it was a good feeling i have every paper in my hand and the submission went well and no but it was so devastating when i have the result after 6 days... it drained me and my husband literally. i dont want you guys to feel this. take the chance... go ahead, why not? it does not cost so much the application. (think abt it though)

[nonspecifics]

Generally, it makes no difference who pays for tickets.

In the case of the original poster, I suggested the EEA sponsor has proof he paid for the ticket because part of the non-EEA's evidence that the relationship is genuine, is that the EEA sponsor financially supports her.

If the EEA national spends around £700 on his ticket , then a similar amount again for his wife's ticket to the UK, and he travels half way around the world to spend time with her again, then it becomes harder for UKBA to suggest that a genuine marriage does not exist.


If the EEA sponsor is exercising Treaty Rights as a worker, the work only has to be genuine and effective. But the worker does not have to be well off as a result.

It makes no difference if it is only minimum wage and there is not much money left after the bills are paid, they are still exercising Treaty Rights.

Bank statements are important if the EEA sponsor is exercising Treaty Rights as self-sufficient. Then they need the statements to help prove they have sufficient funds as part of the evidence of self-sufficiency.

[yamcheka]

If the EEA national spends around £700 on his ticket , then a similar amount again for his wife's ticket to the UK, and he travels half way around the world to spend time with her again, then it becomes harder for UKBA to suggest that a genuine marriage does not exist.

For my case....We plan that my husband will visit me 2 times, at most for just 3 weeks coz it cant be any longer. he needs to go back to work or else everythings be out of the story. one trip this year and one trip early next year maybe within the first quarter... is by doing so is good enough to prove as evidence of cohabitation or our marriage is subsisting and that we intend to live together in the UK? or maybe one trip is enough evidence?

Pls. advice me what to do so we can satisfy the ECO, i think we have every proof of communication, sufficiency, and dependence. THANK YOU FOR YOUR PARTICIPATION IN THIS FORUM... really in need of views.

[nonspecifics]

All I can say is that to me, that sounds much more believable, that it is a genuine relationship, if he goes back to the Philippines again to stay with you when he gets his holidays.

Highlight the fact that travel from the UK to the Phils is so expensive, but that he has paid all that money to be back with you again, cos you really do love each other and plan to spend your lives together.

You could try re-applying during his first trip back and see how it goes as it is free to apply. Hopefully, you are not too far from the visa processing centre ( even though EEA FP is not a visa).

I have heard tales from the Philippines that some of the workers turn away applicants saying that they are not entitled to apply. Most applications there are through the British Immigration rules by Filipino workers trying to bring family to the UK, so some of the Filipino clerks had been wrongly applying British Immigration rules to EEA cases.

I'm not sure if that still happens, but make sure you know your rights and argue your case if you think they are getting it wrong.

[rjpanther]

In the case of the original poster, I suggested the EEA sponsor has proof he paid for the ticket because part of the non-EEA's evidence that the relationship is genuine, is that the EEA sponsor financially supports her.

hmmmm my husband is not totally supporting me just sending me some parcel and sometimes when I really needed... like he sent me once before we got married then once while we are married and then my mother in law as well sent me once (remittance) is that ok? because my husband has bills and has things to take care of in the past months and I can survive as well with my aunt helping me... will that be a problem?

You married your Hungarian husband in the Philippines in Feb2007. He has visited you only once since that time, for 13 days in Feb2008.

how many times did you exactly met your husband? before you got married and after that?

Highlight the fact that travel from the UK to the Phils is so expensive, but that he has paid all that money to be back with you again, cos you really do love each other and plan to spend your lives together.



how do you highlight that? how do you explain .... is that in a form of letter? do you enclose an explanation after the docs?

[rjpanther]

sorry am new to this i don't know how to highlight the qoutes properly

[nonspecifics]

In your case I think it would be helpful if the EEA national can write a covering letter explaining it was not from choice that he could not visit the Philippines more often, that it was too expensive and he had to work or look for work in the UK.

You could even turn the gap of 3.5 years around and say that that proves your devotion to each other , because despite all the time that you have been forced to be apart, because of the financial situation - you are still committed to each other. Then prove that by the return visit to the Phils by your husband.

[yamcheka]

I am very thankful guys that you have shared your views and opinion about my case.

No harm done trying it all over again for the second time... should the cover letter be on the section of the application where they reserve a space for anything the applicant can add to support the application? i have provided before 6-month payslips, is that more than enough of what they are asking?

[rjpanther]

hi yamcheka.... my question is a little bit off but if you can answer am just curious how many times you met your husband? before and after marriage? and how many days does he stay whenever he travels there?

[yamcheka]

@rjpanther

we met 3times already, our first meeting... wedding... first wedding anniversary... he was just allowed 2-week holiday.

[nonspecifics]

In my opinion, a covering letter would carry more weight with the UK Visa people if it came from the EEA national and he explained why he has not visited the Phils more often and explaining that he is returning to the Phils as he is committed to you. He should also explain that now he has improved his finances and has a home prepared for you to live with him , when he brings you back from the Phils.

You can also write similar sentiments - don't write exactly the same things, because then it would look false.

The reason I think it is better to come from the EEA National is that he is already in the UK, and so he has nothing to gain (financially) by writing the letter. Whereas, you could have a financial motive ( in the eyes of the Visa people) for the EEA Family Permit to be granted: so you can get into the UK to work.

Also, UKBA would probably also view it suspiciously if it is you that makes all the efforts and letter writing to get the FP, without much input from your husband.

[Directive/2004/38/EC]

The fact that you have been married for 4 years suggests this is not a "marriage of convenience", i.e. one solely for immigration purposes.

There is also a requirement that the marriage is live and ongoing. And that seems to be where they are giving you a hard time.

If I were in your position, I would apply again and also provide a letter from you and your husband (a joint letter signed by you both):
- explaining why you did not visit the UK or move there since getting married, and why you want to move now (something like "to finally be together and be able to get on with our life together")
- where possible, evidence of you both planning a future together

[yamcheka]

Me and my husband will devote more time talking about the 2nd application and all the point of views we gain from all of you guys will be put into consideration... we'll be weighing in our next step. but definitely we dont get into appeal.

cover letter is a good idea, in what way we can prove we intend to live in UK together?

can anybody share a story of eea refusal just like mine? how do you incorporate the basis of refusal of the previous appl'n to the new one?