Important Judgement : EEA Family Permits

frida · Post by **frida** » Sat Nov 20, 2010 12:50 pm

Hi MelC,

I would also really like to see that letter if possible?

AlienX · Post by **AlienX** » Thu Nov 25, 2010 9:46 pm

Hi All

I sent a query to both WorldBridge and UKBA regarding Family Permit requirements. I am Non-EEA married to Irish national, based in Ireland.

Just received their replays:

WorldBridge
â€œPlease be informed that an Irish residence permit or card is not valid for travel to the UKâ€

Post by **Obie** » Sat Jul 09, 2011 5:57 pm

The Upper Tribunal has ruled in the case of TA and Others (2006 Regs â€“ reg 8 ) Nigeria [2011] UKUT 00253(IAC) , that the requirement that a non-EEA national should be accompanying or joining an EEA national should be read as incooperating those who arrived before and after their EEA sponsor.

It remain to be seen in light of this judgement, whether or not the requirement that the EEA national must be accompanying or joining their EEA sponsor, before an EEA family permit is issued is actually lawful. It also remain to be seen whether a person will be denied entry, if on arrival, their EEA sponsor is not available.
This is an interesting case indeed.

tina79 · Post by **tina79** » Wed Dec 07, 2011 8:41 pm

Obie,

wonder if you can advise me.

My husband has refused today to get his FFM permit after his 2nd interview....they said so much crap to him. they did not believe in our marrige and they said my paper work wasnt enough. im in uk 7years!!!!!! exercising my treaty rights. i met my husband last year got married this year. they have all the prove and doc....

any suggestion?

daddy · Post by **daddy** » Mon Dec 12, 2011 9:51 pm

MelC wrote:
Richard66 wrote:They stop the car and call base and ask for instructions. Whenever I challenged them about the EEA FP nonsese that is what they did in Rome.
HI Richard66, I have been reading the forum, I am a newbie here, so please everyone accept my apologies if I am doing something wrong here ~ i don't get chance to be online too often so might have missed a lot ~

i noticed your tagline ~

I had cause to have several discussions with the EEA/fp manager at the UKBA, hes really nice!

i quizzed him on the point of the residence card issue and he confirmed to me that if a non-eu family member has a residence card from that EU state then as the EEAfp is NOT mandatory it does NOT need to be completed, and no EEA/fp is required.

I DO have that in writing if anyone should need it at anytime.

regards

Please sir, could you also forward to me a copy of that letter.I dont want the immigration Officers to waste my time at the ferry port again like they did before, this will be something also handy to present to them.
Many thanks.

Post by **Obie** » Tue Dec 13, 2011 1:34 am

tina79 wrote:Obie,

wonder if you can advise me.

My husband has refused today to get his FFM permit after his 2nd interview....they said so much crap to him. they did not believe in our marrige and they said my paper work wasnt enough. im in uk 7years!!!!!! exercising my treaty rights. i met my husband last year got married this year. they have all the prove and doc....

any suggestion?

Well your options are to either appeal or reapply.

What were the reasons for their allegations?

If you have lived in the UK for 7 years, you may have acquired Permanent residence, therefore no need for them to say you have not provided sufficient evidence of treaty rights.

tina79 · Post by **tina79** » Tue Dec 13, 2011 9:20 am

thanks Obi,

please can you advise how can i do this? what i need and if it will help him with the application?

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Important Judgement : EEA Family Permits