EEA Family permit refused in Warsaw.

[papage]

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'm not sure if I can just re-apply with strong cover letter, because regulation 13 bothers me a lot :
(b)an EEA national or his family member who becomes an unreasonable burden on the social assistance system of the United Kingdom shall cease to have the right to reside under this regulation.)
I will be grateful for any help.

[John]

papage, what is your intention? To just visit the UK, or indeed to move to the UK, and for you and your wife to work in the UK?

[papage]

I want to visit UK with my wife.

[John]

Did you make that clear when the EEA Family Permit was applied for?

Also can you prove that you have sufficient resources to finance the visit?

[papage]

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]

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'm not sure if I can just re-apply with strong cover letter, because regulation 13 bothers me a lot :
(b)an EEA national or his family member who becomes an unreasonable burden on the social assistance system of the United Kingdom shall cease to have the right to reside under this regulation.)
I will be grateful for any help.

The decision maker appears not understand the law. It is as simple as that.

This is perhaps why one member of this board recommends not providing information that is superfluous to the application (in this instance financial information) as it can be used as the basis of a refusal. See this thread http://www.immigrationboards.com/viewtopic.php?t=100004

To be clear, an EU national can visit the UK for upto three months as long as they are not a risk to public policy, public security or public health. There are no conditions on this stay. They are entitled to be accompanied by their family members, who can be required to have an entry visa. This visa must be a facilitated visa application.

It is true that member states do not have to extend social assistance to EU nationals who just arrive, but that's a completely different matter and is not a basis for refusal. The insurance requirement suggested is also not allowed.

[papage]

Thank you for helping.

[EUsmileWEallsmile]

Was there an option to appeal. If so, could you give the details?

There was a very similar thread recently.

http://www.immigrationboards.com/viewto ... c&start=40

[papage]

Yes,there is an option to appeal : "You are entitled to appeal against this decision under Regulation 29 of the Immigration (European Economic Area) (Amendment) Regulations 2003. If you wish to appeal you must complete the attached IAFT-2 Notice of Appeal form. An information sheet has also been provided".

I didn't receive any "information sheet" nor IAFT-2 form.

[EUsmileWEallsmile]

The particular regulations quoted have long been superseded. They are obsolete.

A strong complaint is warranted, not an appeal.

[Directive/2004/38/EC]

This is very interesting. It is consistent with a number of other refusals I have been seeing recently. In fact some of the refusal language sounds exactly the same.

[scorpio1]

Wording are same and most likely instructions come from "HQ",
good debate though.

[EUsmileWEallsmile]

1. Can you imagine an EU passport holder holder being refused admission to the UK because they were unemployed? It would be ridiculous and I don't see it happening. This is effectively what the ECO is doing by denying family permit on the grounds stated.

2. How can an ECO state that someone has a right to appeal under regulations that have long been revoked? It might be funny if it were a Monty Python sketch.

3. Can you imagine someone entering under article 5.4 (arriving at the border)? Sorry it doesn't apply to you as you are unemployed. Ridiculous!

A strong complain letter is required to UKBA and the commission.

Some links:

UKBA: http://www.ukba.homeoffice.gov.uk/count ... %20English
SOLVIT: http://ec.europa.eu/solvit/
EU Commission: https://ec.europa.eu/citizensrights/

[EUsmileWEallsmile]

I wonder has this restrictive stance anything to do with the ending of the WRS?

The stance is untenable either way.