EEA FP refusal (again) Desperately need help

[EUsmileWEallsmile]

just 1 query for all forum,
What is reasonable and sufficient resources for an EEA national if go to the UK less then 3 months time under regulation 13?

Any help should be appreciated.
Thanks

None.

[scorpio1]

thanks for reply,
i understand same it should be NONE
but eco raised this issue so need to be discussd with legal/references point of veiw.
thanks

[EUsmileWEallsmile]

thanks for reply,
i understand same it should be NONE
but eco raised this issue so need to be discussd with legal/references point of veiw.
thanks

I know my reply was not "helpful" as such, but the ECO's position is untenable. A simple read of regulation 13 gives the details. No legal training required.

The ONLY grounds for refusal for an EU national (and their genuine family member) are public policy, security or health.

[pennylessinindia]

thanks for reply,
yes wife and baby both are eea national.
eco refused as much points come in his mind i feeling.
any other helping tips please

Just reapply will be quicker than appeal or better still do both , it is free !!
Assume you are now legally resident in the country you now live ?

[scorpio1]

thanks for reply,
yes i am legally resident here but could you or any other member write in detail.
what if i appeal and same time resubmit my new eea family permit application?
is it possible?or any drawback?

Many thanks

[scorpio1]

Hi all,
Little confusion hope some one help me.
A year ago when I refused eea family permit on basis of my eea nation wife was not accompanying with me, thn I got full right of appeal under regulation 27 of immigration EEA regulation 2006.

But this time I got full right of appeal as appeal form is FRA but under regulation 29 of the immigration (European Economic Area) (Amendment) Regulations 2003.

I am looking for exact this regulation, if someone send me link, googling is not working.
Why appeal under difference regulations?

Thanks

[Jambo]

The different regulations is because last year it was out of country and this time it is in country. See Regulation 27.

[scorpio1]

thanks for reply, but
sorry i couldn't get it.
i still out of country.
what do you mean in country.
thanks

[EUsmileWEallsmile]

Hi all,
Little confusion hope some one help me.
A year ago when I refused eea family permit on basis of my eea nation wife was not accompanying with me, thn I got full right of appeal under regulation 27 of immigration EEA regulation 2006.

But this time I got full right of appeal as appeal form is FRA but under regulation 29 of the immigration (European Economic Area) (Amendment) Regulations 2003.

I am looking for exact this regulation, if someone send me link, googling is not working.
Why appeal under difference regulations?

Thanks

The mmigration (European Economic Area) (Amendment) Regulations 2003 have been revoked.

[EUsmileWEallsmile]

Reference to old regs being revoked

http://www.legislation.gov.uk/uksi/2006 ... ule/3/made

[pennylessinindia]

thanks for reply,
yes i am legally resident here but could you or any other member write in detail.
what if i appeal and same time resubmit my new eea family permit application?
is it possible?or any drawback?

Many thanks

Absolutely no draw backs . Show your intention to suceed !

[scorpio1]

thanks for reply and support.
Cheers

[Obie]

As rightly pointed out above EEA regulation 2003 has been repealed.
It was designed to ammend regulation 2000, which was intended to give effect to Regulation 1612/68 into UK domestic law. That regulation has also been partly repealed by Directive 2004/38EC.

Therefore as previously stated, the right of appeal is under regulation 27 of the EEA regulation 2006.

[scorpio1]

thanks for reply,
i sent email to official see what out come.
as confusion still existed
Thanks

[EUsmileWEallsmile]

As rightly pointed out above EEA regulation 2003 has been repealed.
It was designed to ammend regulation 2000, which was intended to give effect to Regulation 1612/68 into UK domestic law. That regulation has also been partly repealed by Directive 2004/38EC.

Therefore as previously stated, the right of appeal is under regulation 27 of the EEA regulation 2006.

Is it not ridiculous that someone should be advised to appeal against regulations that do not exist! Just as are some of the grounds for the rejection in the first instance.

Strong complaint required...

[scorpio1]

Good Morning,
just thought to share some update with you,
see
http://www.legislation.gov.uk/uksi/2003 ... ion/2/made
appeal under regulation 27 Vs 29
comments are welcome

[EUsmileWEallsmile]

Good Morning,
just thought to share some update with you,
see
http://www.legislation.gov.uk/uksi/2003 ... ion/2/made
appeal under regulation 27 Vs 29
comments are welcome

I'm not sure you understood my previous posts. The 2003 regulations were revoked by the 2006 regulations. That means they are no more, you cannot appeal against a decision made against them because no decision can now be made under them - they are obsolete, gone, no more.

The link you sent are from the national archives. Archived because the 2003 regs are no more.

You need to complain and strongly. Not only has the ECO quoted a load of nonsense in their rejection, they have also asked you to appeal under regs that don't exist.

[scorpio1]

thanks for comments,
i understand and agree with you,
my above link just give idea, its original instruments(laws) not from national archived snapshot.
but over all purpose fail i can understand.
but question is how possible one eco advising such rule which is not existing any more, even eco's are well trained ?
thanks

[Directive/2004/38/EC]

The link you sent are from the national archives. Archived because the 2003 regs are no more.

Actually all legislation is delivered from the national archives. Even the current The Immigration (European Economic Area) Regulations 2006

[EUsmileWEallsmile]

The link you sent are from the national archives. Archived because the 2003 regs are no more.

Actually all legislation is delivered from the national archives. Even the current The Immigration (European Economic Area) Regulations 2006

So they are! But just to be clear, the 2006 regs revoked the 2003 (amendment) regs.

[EUsmileWEallsmile]

thanks for comments,
i understand and agree with you,
my above link just give idea, its original instruments(laws) not from national archived snapshot.
but over all purpose fail i can understand.
but question is how possible one eco advising such rule which is not existing any more, even eco's are well trained ?
thanks

Don't know about training, but you need to complain to the centre that issued you with your refusal.

[scorpio1]

Hi there,
I can understand there is a bad weather in the UK so same a bad result on my appeal.
Yesterday I received my appeal decision and appeal dismissed.
FTT judge decision based on just one page and 4 paragraphs, I saw first time in my life such decision.
I just quoting same wordings from decision

“ the burden of proof is on the appellant and standard of proof is on the balance of probabilities, in this instance the appellant would have to establish , on the balance of probabilities that EEA sponsor is resident int the UK or accommpying the appellant within 6 months time, although there is a photocopy of the residence card on file but there is no recent statement from EEA national as to her whereabouts. the EEA national was also not present at the hearing to confirm that she is present in the UK or supporting the application as may be expected. there is no evidence front of me that eea national currently exercising treaty rights.
Decision: appeal dismissed”

I submitted following documents with my appeal bundle
1- bank statement with my wife name and home address
2- EEA national passport + child ID
3-reseidence declaration certificate from local council ( for all fmaily with names)
4- letter from her that we all traveling together including my eea national child

Well, I go to upper tribunal but any good advice to handle this case at upper tribunal?

I don’t think judge look all bundle properly as my nationality is wrong(my wife nationality given to me) written in decision and respondent is secretary of state, it should be ECO?

Regards

[EUsmileWEallsmile]

What was the basis of your appeal, did you address all the points that the ECO used to refuse the visa in the first instance? Were they all acknowledged in the appeal?

Are you, your wife and child still living together outside of the UK (your previous posts appeared to suggest that you were)? It's just that the judgement appears to suggest that your wife might be in the UK.

Were you given permission to appeal?

[scorpio1]

Thanks for swift reply,
yes i did addressed all points which were given in refusal notice by ECO, even i raised cases refernces.
bais was direct fmaily permit refusal but FTT judge didnt comment anything except what i wrote in above decision paragrapgh.

yes we all fmaily living together out of the UK
yes there is form to ask for go to UT.

i feeling this is a new refusal from FTT, i mean there are nothing any points discussed from judge what actual were given in intitial by eco.

rememebr i submitted quite few evidences with my bundle including presence of my wife with me.

[scorpio1]

If anybody got some thoughts or experiences, freely share.
particular "old friends", as i discussed above matter months back.
Thanks