Outrageous rejection letters for EEA Family Permit?

[Directive/2004/38/EC]

I am looking to collect EEA FP rejection letters issued by UKBA which are written in a way that very clearly violate UK and EU law. I already have enough to complain to the European Commission, but want to gather more examples which clearly document that this is a systematic problem and is not a one-off.


I am (mostly) interested in simple situations as follows:
(a) the applicant is MARRIED to the EU citizen, and they are presently living together
AND
(b) neither of them have been living in the UK in the past three months


I am especially interested in rejection letters when the ECO mentions any of the following as reasons for refusal:
- the bad state of the UK economy
- that the EU citizen did not provide evidence that they would be a "qualified person" once in the UK
- that the applicant did not answer all questions on the application form, or was "evasive" in not answering
- that the applicant did not provide documents beyond 2 passports, a marriage certificate and possibly a letter from the EU citizen saying that they would be travelling together


If you can email me (find the email address here) a PDF scan or photographs of the complete rejection letter, I would greatly appreciate it. Please leave the UKBA case reference number on the rejection letter, though I have no need for your name or contact information.

Thanks!

[EUsmileWEallsmile]

Excellent post. I would also encourage anyone to post back whether they have been required to submit a TB cert.

[montana]

Hello,
I will send you copies of my rejections which were entirely based on pure deliberate routines and some of the reaons were not based on law and some wrong regulations were utilised.

I would aslo appreciate if you find it helpful if you can please help me with a draft of how i can write a presentation draft cover letter countering the tong regulations used as am about to send a cover letter too when reapplying so my family can get family permits.
Regards
Thanks![/quote]

[Directive/2004/38/EC]

I am going to start linking some of the refusals into this page.

http://www.immigrationboards.com/viewtopic.php?t=100400 is a recent refusal from the Warsaw visa office.

Hello. I've just been refused EEA FP. The decision is:

"It is reasonable for Member States to be satisfied that EU citizens have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State. Sufficient reosurces also includes comprehensive sickness insurance.

You state that you will accompany your spouse to the UK for a period of 1 month. I am entitled to be satisfied that the EEA national and her family members will not be a burden on the social assistance system in the UK. The information before me indicates that the EEA national is unemployed in Poland. You are also unemployed. The EEA national's source of income is unclear but is likely to be some form of social assistance from the Polish State. There is no information before me to show the EEA national is otherwise self-sufficient. In the absence of satisfactory information to show that the EEA national and her family members will not be reliant on social assistance in the UK, during and after initial residency rights of three months, I am not satisfied that you qualify for an EEA Family Permit. Regulation 13 of EEA Regulations 2006.

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 2006."

I currently live with my wife in Poland and we've never been to UK.

I have highlighted some of the especially outrageous statements.

I wrote that I want to stay in the UK for one month. I answered the question about my savings(in application form) but I didnt attach any bank statements, because I thought that its not necessary for EEA FP application.

[EUsmileWEallsmile]

I wonder if the ECO is confusing the requirement that evidence for visa applications is to be treated in a similar manner to residence card applications (in terms of passport, marriage certificate, etc)...and taking it 10 steps too far?

[Directive/2004/38/EC]

Rejection from Rome. Married couple applying. They applied for an EEA FP, and intentionally did not complete fields of the application which were not material, such as assets of the couple, and employment for either individual.

You have stated on your visa application form (VAF) that you intend to accompany your Italian wife, [Name redacted], and that you intend to stay in the UK with her indefinitely.

[Quotes Regulation 6 of the European Economic Area Immigration Regulations]

You state that your wife will be in the UK as a jobseeker. “Jobseeker” for the purposes of Regulation 6(1)(a), means a person who enters the UK in order to seek employment and can provide evidence that he is seeking employment and has a genuine chance of being engaged.

You have not provided any evidence such as a resume, any offers of employment or any evidence of qualifications, skills, previous employment or anything else to satisfy me that your wife would qualify as a “Job-seeker”.

[Quotes Regulation 13 of the European Economic Area Immigration Regulations]

It would appear from information / documentation you have submitted that both you and your wife are currently unemployed and you have not provided any evidence of income or that you hold any savings or assets. Given your current financial and employment circumstances as shown by you and taking into consideration the current economic climate in the UK, I am not satisfied that you or your husband [sic] will be able to easily find employment and that you will not become an unreasonable burden on the social assistance system of the UK.

I therefore refuse your EEA Family Permit application because I am not satisfied that you meet all the requirements of Regulation 6 and 13 of the Immigration (European Economic Area) Regulations 2006.

[EUsmileWEallsmile]

Rejection from Rome....

What a ridiculous rejection! Is there a change in policy (at UKBA level not EU)? To me, these are effectively registration certificate / card rejections and even then the UKBA don't always tend to reject, but request additional information.

I wonder what the couple's appeal options were? What regulations were they quoted?

[Directive/2004/38/EC]

There are more. If you can help by trying to find additional rejections, that would be very helpful.

[scorpio1]

such rejections are common now, and i believe debate is already started at EU level, Laws one sided and bureaucracy other hand.
it will take time to resolve such issues at national and EU level.
best is first step should be to contactd local authority the EU.

[EUsmileWEallsmile]

There are more. If you can help by trying to find additional rejections, that would be very helpful.

I have to say, I think these rejections are scandalous.

[keloid]

what is the advice to those people who are on the receiving end of scandalous rejections?

Is the advice to basically appeal the decision, while at the same time, re-applying?

[Directive/2004/38/EC]

what is the advice to those people who are on the receiving end of scandalous rejections?

Is the advice to basically appeal the decision, while at the same time, re-applying?

My request would be that you send me a copy of the letter.

I would advise (1) appealing and simultaneously (2) reapplying with a cover letter which says the same thing as the appeal.

[montana]

what is the advice to those people who are on the receiving end of scandalous rejections?

Is the advice to basically appeal the decision, while at the same time, re-applying?

My request would be that you send me a copy of the letter.

I would advise (1) appealing and simultaneously (2) reapplying with a cover letter which says the same thing as the appeal.

I sent you my rejection letters and asked for your advice on the same as in what to right in the appeal and what the contents of the cover letter should be but i never received any feedback from you Directive

[Directive/2004/38/EC]

I sent you my rejection letters and asked for your advice on the same as in what to right in the appeal and what the contents of the cover letter should be but i never received any feedback from you Directive

I have not yet received anything from you. I have sent you a PM. You can also find my contact info http://eumovement.wordpress.com/about/

[montana]

I sent you my rejection letters and asked for your advice on the same as in what to right in the appeal and what the contents of the cover letter should be but i never received any feedback from you Directive

I have not yet received anything from you. I have sent you a PM. You can also find my contact info http://eumovement.wordpress.com/about/

I have sent the rejection letters from my hotmail account i used first to send to you on 12april.Let me know when you look at it.

[Directive/2004/38/EC]

“You have applied as a family member of an EEA national to visit the United Kingdom. However, to qualify under this category, your wife must be exercising her treaty rights and living in the United Kingdom. Since she is living with you in Russia you do not meet the requirements in this category and must apply for a [normal UK] visa.
I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules.”

Amazing!

[scorpio1]

If UKBA is refusing EEA FP just on given reason then simply it's ridiculous .
what is balance of probabilities here?

[EUsmileWEallsmile]

what is balance of probabilities here?

It's generally a legal term used in civil cases as opposed to beyond reasonable doubt in criminal ones.

It is totally irrelevant to the application that appears to have been presented.

[EUsmileWEallsmile]

I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules.

It would appear that the ECO does not understand how to deal with these types of applications[/quote]

[scorpio1]

It's generally a legal term used in civil cases as opposed to beyond reasonable doubt in criminal ones.

actually i know the meaning of the term but i was reffering particluar in above refusal.

[kyanfar]

I am looking to collect EEA FP rejection letters issued by UKBA which are written in a way that very clearly violate UK and EU law. I already have enough to complain to the European Commission, but want to gather more examples which clearly document that this is a systematic problem and is not a one-off.
!

I have sent you my two EEA Family Permit Refusal by email.

Hope you have time to look at it.

All the best with your cause......