Refusal of EEA Family Permit - Reapply or Appeal

[EUsmileWEallsmile]

Ok, so the letter was sent via email on Thursday, and this morning (Friday) we received an email from the British Embassy that the ECM has decided to give our application priority treatment, and we should 'contact them when we intend to submit our application'.

The latter was not really understood by us, so we emailed them again to explain (whether we must wait until July for the next available appointment - via the online application - or whether we contact them when we want to submit, or inform the staff that is accepting the application on the day etc. etc.)

They replied in the afternoon, stating that if there are no available appointments, the she can apply at the Embassy on Tuesday next week. We should inform the staff of our correspondence with them and of the decision of the ECM.

So far happy faces all round. I am now in the middle of creating the covering letter for the ECO, which will restate the things written in the complaint, so that he may follow the regulations this time.

Many thanks to everyone for their help (esp. users: Directive/2004/38/EC and Jambo)

I will update, when we find out the final results.

PS. Very interesting link re: travelling without an EEA Family Permit (just not via aeroplane) -> http://eumovement.wordpress.com/2010/08 ... to-travel/

Having read your posts, I think you are very well informed already. I hope it all works out for you ASAP.

[Directive/2004/38/EC]

Nice!

[NewJD3]

Am kind of new in here , after reading through ur lines of comment, i must say that u have done well. I have some questions for you

1 I want to know how and where you got the email of embasey in warsaw ? because you said you sent an email in one of your comment.. or are you using the world bridge complaint site.?

Good luck to you

[Directive/2004/38/EC]

1 I want to know how and where you got the email of embasey in warsaw ? because you said you sent an email in one of your comment.. or are you using the world bridge complaint site.?

Have you checked the embassy web site?

[Szmek]

UPDATE:

So we handed in our new application with 'prioority treatment' on Tuesday.

TODAY my wife got the phonecall that her passport is ready for collection and we have now received it. EEA Family Permit granted and we are really HAPPY!

Thank you all for your help with this matter. You have truly been wonderful!

NB. The email to contact the Visa Dept at the British Embassy in Warsaw in on the website: http://ukinpoland.fco.gov.uk/en/about-u ... contactus/

[Directive/2004/38/EC]

Did they give any explanation, or apologize? Did they at least treat you to dinner or pay for the taxi home from picking up the visa?

And other than that, great news! Enjoy your voyage!

[Szmek]

I asked my wife how it was - but she said that there was nothing - no explanation, no apology - just professional and to the point.

She did mention though, that whilst walking through the courtyard, she saw the staff talking (smoking area or something) and everyone was Polish. The woman who gave her the information on the phone, the person accepting the documents, the person giving the passport back to her etc. Makes me think, whether anyone working at the Embassy is actually British/English?! (except for the Consul/Ambassador)

Anyways, we are all happy. Therefore thanks for the suggestions, they obviously worked.

Advice for anyone in the future, if you think you have genuinely been rejected an EEA Family Permit, dont appeal, just write a letter to the Visa Dept explaining the situation, how the decision was made against EEA Regulation 2006 and against UKBA's own entry clearance guidance (if that was the case) and chances are that they will look at your next application quicker. After all both of them state, that 'every facility must be given to the applicant' therefore they shouldnt refuse you first, they should ALWAYS call you in for an interview and ask you to explain/prove any queries or concerns that they might have.

[NewJD3]

Congratulations.
1 We are planning to submit for visit (6days) .Do u think EEA FP can be granted for these purpose ? Every documents are available

[Szmek]

We are planning to submit for visit (6days) .Do u think EEA FP can be granted for these purpose ? Every documents are available

Yes.

Under EEA Regulations, EEA nationals are allowed to travel anywhere in the EU and so are their Family Members.

This is easy in Schengen. So from Germany to France, you can just go for a day and nobody will require any visa from you.

But because the UK is not in Schengen, it requires 'Entry Clearance'. This EEA Family Permit is issued for 6 months, so you can travel as many times as you want in those 6 months. When it expires, you apply for a new one (its free).

The only requirements are that you are a family member of an EU national and that you are together (either travelling together or meeting them there).

[NewJD3]

Thanks , i did understand all that the free movement around EU and shenge

I will now process it and inform you all about it in few days..

THNKS .

[EUsmileWEallsmile]

Advice for anyone in the future, if you think you have genuinely been rejected an EEA Family Permit, dont appeal, just write a letter to the Visa Dept explaining the situation, how the decision was made against EEA Regulation 2006 and against UKBA's own entry clearance guidance (if that was the case) and chances are that they will look at your next application quicker. After all both of them state, that 'every facility must be given to the applicant' therefore they shouldnt refuse you first, they should ALWAYS call you in for an interview and ask you to explain/prove any queries or concerns that they might have.

This is SUPERB advice! I wish you all the best.

[keffers]

She did mention though, that whilst walking through the courtyard, she saw the staff talking (smoking area or something) and everyone was Polish. The woman who gave her the information on the phone, the person accepting the documents, the person giving the passport back to her etc. Makes me think, whether anyone working at the Embassy is actually British/English?! (except for the Consul/Ambassador)

That's an interesting observation. I had assumed all ECOs would be from the UK. I made a quick check of vacancies for ECOs around the world and all the past and present vacancies that appear do not require British citizenship. Successful applicants will need to undergo thorough training in the UK.

Of course, successful applicants will no doubt be fluent speakers of the local language and also have a native level of fluency in English but understanding subtle nuances in the English legal language is a different skill. It may explain some of the illogical decisions that people have experienced.

[Directive/2004/38/EC]

She did mention though, that whilst walking through the courtyard, she saw the staff talking (smoking area or something) and everyone was Polish. The woman who gave her the information on the phone, the person accepting the documents, the person giving the passport back to her etc. Makes me think, whether anyone working at the Embassy is actually British/English?! (except for the Consul/Ambassador)

That's an interesting observation. I had assumed all ECOs would be from the UK. I made a quick check of vacancies for ECOs around the world and all the past and present vacancies that appear do not require British citizenship. Successful applicants will need to undergo thorough training in the UK.

Of course, successful applicants will no doubt be fluent speakers of the local language and also have a native level of fluency in English but understanding subtle nuances in the English legal language is a different skill. It may explain some of the illogical decisions that people have experienced.

I would be surprised if ECOs can be non-British. But many/most of the support staff will be local.

[keffers]

http://ukinmalaysia.fco.gov.uk/en/news/ ... d=54972682

British only

http://jobs.euractiv.com/job/entry-clea ... ficer-2972

Due to the nature of the position, the successful candidate must hold British, Commonwealth, or EU nationality, and all nationalities held by the applicant must be declared

http://www.gulftalent.com/home/Entry-Cl ... 51961.html

None specified

The geographical location appears to be a factor.

[EUsmileWEallsmile]

http://ukinmalaysia.fco.gov.uk/en/news/ ... d=54972682

British only

http://jobs.euractiv.com/job/entry-clea ... ficer-2972

Due to the nature of the position, the successful candidate must hold British, Commonwealth, or EU nationality, and all nationalities held by the applicant must be declared

http://www.gulftalent.com/home/Entry-Cl ... 51961.html

None specified

The geographical location appears to be a factor.

Very interesting links, I must say.

[Szmek]

Interesting, yet shocking at the same time.

It seems that the recruitment is run locally and internationally - I would have rather expected them to be UK based ECO's sent abroad - in order to respresent UK interests in international territory.

I guess the expat-packages are too expensive, and local recruitment is cheaper. (and the standards are what you pay for)

A real pity, that the British Embassy isnt represented by the British, but rather by those who have an IELTS of >6.5, entry clearance and a typing speed proved by a screen-shot of Google!

The least that they could do is read their own Entry Clearance Guidance and be aware of EEA Regulation 2006 - but then again, they are hardly requiring anyone to hold a BSc/MSc in Law and Immigration Law!

[NewJD3]

Funny

[NewJD3]

Do any one know if it is possible to travel with EEA FP without the eea national..
Just an enquiry

thanks

[Szmek]

You can only travel with or join the EEA national.

The EEA Regulations are there to keep the family together, so if you want to travel solo you have to do the normal UK immigration route.

Otherwise you need to travel together or have proof that you are joining your EEA national in the UK (ie he/she is here already)

[Directive/2004/38/EC]

Do any one know if it is possible to travel with EEA FP without the eea national..

The EU nation does not have to be in the seat next to you. So for instance, if the EU national is already in the UK, you can fly to the UK to join them there.

[NewJD3]

thanks for all ur response ...It is just an enquiry, we are for sure travelling together, i jusr want to be sure my freedom of movement is not restricted in case of next time

[jamilo]

Hi everyone:
I need help please after my refusal of EEA Family Permit my wife she wrote letter for British Embassy in Warsaw we need any subjection and any correction in the letter before we will send it on Monday.

Many thanks for your time

The letter is:

My name is B............ born ........ 1982 in the Czech Republic. I did move in UK Sept 2003 to live there permanently, on Apr 2004 in London I did met with my husband X........ born 1975 in the Kosovo, in few month later we start living together in the UK. On 2006 me and my husband I did apply at Home Office for EEA Registry Certificate and EEA Family Member Resident Card for my husband, in 2007 I did get EEA Registry Certificate confirming my right of extended residence in the UK, my husband application it was still on process. In the meantime Home Office ask my husband for passport to process his application, the problem to get passport for my husband was that he has to go back at his home country and get the passport or travel document. In June 2007 my husband went at his home country in the Kosovo and got issued with travel document from UNMIK in the Kosovo for validated of 2years. After he got the travel document he did apply for the UK visa at British Embassy in Skopje in the Macedonia, and he got refused the application that Entry Clearance Officer didn't believe that we are in durable relationship because we didn't submit enough proof to proof our relationship.

At the time I was in Skopje with my husband and we did decided to go at Czech republic Embassy in the Albania and get visa for Czech Republic and after we can go at British Embassy in Prague at the Czech Republic so we can apply there for UK visa. On Jul 2007 my husband got Czech visa and we did go in the Czech Republic, he did apply for the UK visa at British Embassy in Prague on Jul 2007 and he got refused the reason it was again we didn't submit enough documents to proof our relationship. We did reapply again in British Embassy in Prague on September 2007 and we did submit all the documents also DVD for our engaged party, my husband got interview, Entry Clearance Officer was very satisfied with our relationship and issued a visa for 6months EEA family permit.
After all this what happen to us finally we did go to the UK in September 2007 back to our normal life, my husbands EEA Family permit was due to expiry so before expiry on March 2008 he did sent it his travel document at Home Office with supporting documents so he can get Resident Card as Family member of an EEA national which is myself, he did get letter from Home Office confirming his application that is bin accepted and he has to wait for the decision the decision shouldn't take longer than 6months, after one year Home Office send a letter to my husband that he should supply new passport to the Home Office because his Travel Document is due to expiry. To issue Resident Card the Home Office needed Passport with longer validated. My husband he decided to go back in Kosovo and get new passport because back in the UK there wasn't Kosovan Embassy at the time to get a passport, he did go back on April 2009 in the Kosovo and on 01.04.2009 he got Kosovan passport issued from Kosovan authority for 10years of a validity, after his passport he did go at British Embassy in Skopje he apply for EEA Family permit and he got refused, again Entry Clearance Officer not believing our relationship is genuine.

On 08.05.2009 we did get married and we did carry on our life back in Kosovo and I did have to travel from UK to Kosovo every month because I was employed in the UK. In 2010 we did decided to have child in the meantime I got pregnant in 2011 and we did decided I will go back in the Czech Republic at my home land and our child will born there. On 29 March 2012 my husband did apply for EEA Family permit at British Embassy in Prague in the Czech Republic, on 23.05.2012 i give birth to our son T......... in Jilemnice hospital in the Czech Republic, on the 30.05.2012 my husband he did request his passport from British Embassy in Prague so we can register our son to get his birth certificate, he did receive his passport on 07.06.2012 and we did get birth certificate for our son, my husband did send the passport back at British Embassy in Prague on 12.06.2012 after on 02.07.2012 he did receive visa refusal from British Embassy in Warsaw and the refusal is that Entry Clearance Officer refusing visa that we are not in genuine relationship. To me is very clear that Entry Clearance Officer he was well informed about my husband passport requested on 30.05.2012 for the reason that he can register our son. I would like to ask a question to Entry Clearance Officer, can he answer and tell me how it will be a non genuine relationship when I give a birth to my child which is child of my husband? and can anyone have a child in fake relationship???!!!!!! I am very frustrating that him accusing us that we are not in genuine relationship and I would like him to reconsider his decision and issue EEA family permit to my husband soon as possible before I will personally complain to EU Parliament and to UKBA.

I am mother of 7weeks old baby which he gets Brest feeding and I am not in the position to be in stress because this mater.
Again I would ask You please to consider my e-mail inquire and reconsider the visa application because the decision was made against EEA Regulation 2006 and against UKBA's own entry clearance guidance.

Entry Clearance Officer decision : " 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.”


But Regulation 12 of the Immigration (EEA) Regulations 2006 is very clear to me

12.—(1) An entry clearance officer must issue an EEA family permit to a person who applies for one if the person is a family member of an EEA

national and—

(a) the EEA national—

(i)is residing in the UK in accordance with these Regulations; or

(ii)will be travelling to the United Kingdom within six months of the date of the application and will be an EEA national residing in the United

Kingdom in accordance with these Regulations on arrival in the United Kingdom; and

(b) the family member will be accompanying the EEA national to the United Kingdom or joining the EEA national there.

(2) [relevant only to extended family member]

(3) [relevant only to extended family member]

(4) An EEA family permit issued under this regulation shall be issued free of charge and as soon as possible.

Requirements for a visa (for family members of EU citizen)


For a visa to be issued on the basis of Directive2004/38/EC, only the following requirements need to be satisfied:

1. The visa applicant is a direct “family member” of an EU citizen and has proof (marriage or birth certificate or some combination) of the relationship)

2. The visa applicant will be travelling with, or joining, the EU citizen for a visit or permanent move to an EU member state. (If they are going to the “home” country of the EU citizen, then there can be a requirement that the EU citizen had previously lived/worked in a different member state)

3. All travellers require a passport (or a national ID card for the EU citizen)

These are the legal requirements for all of the EU/EEA member states, including allSchengen members, the UK, Ireland, Romania and Bulgaria. They also apply for Switzerland.

There is no legal requirement that:

· The EU citizen is already (or will be) living or working in a different EU member state

· The non-EU family member holds a specific immigration visa or status. It is fine for them to have a nationally issued visa or a student visa or a visitor’s visa or even implied status

· The family member apply in their country of origin

· The family member resides or previously resided in the EU/EEA (This older requirement of some member states was overturned in several ECJ cases, especially Metock)

There is also no legal requirement that you submit:

· bank statements

· pay slips

· letters from your present or future employer or school

· letters of reference

· proof that you will return at the end of the trip

· airline tickets

· confirmed hotel bookings

references or guarantees from people in the destination country

EUN2.10 What if I suspect a marriage / civil partnership of convenience?
The definition of 'spouse' and 'civil partner' in the EEA Regulations does not include someone who has entered into a marriage / civil partnership of convenience.

When a marriage / civil partnership of convenience is suspected, the burden of proof is high and rests with the ECO. However, in these cases the ECO is entitled to interview the applicant. Factors to consider include:

· an adverse immigration history;

· doubts about the validity of documentation;

· application follows soon after the marriage / civil partnership;

· no previous evidence of the relationship.



The ECO should not consider the following cases as marriages / civil partnerships of convenience where:

· there is a child of the relationship;
· there is evidence to suggest cohabitation.




Yours Sincerely




B.........

[NewJD3]

Ur letter is not bad, but u still have to look into ur gramatical errors. But first u need to open a new topic/thread in order not to mess up the forum.

[EUsmileWEallsmile]

I need help please after my refusal of EEA Family Permit my wife she wrote letter for British Embassy in Warsaw we need any subjection and any correction in the letter before we will send it on Monday.

While I appreciate that you will be annoyed, stressed, etc, your post and letter are a little difficult to read. It would be better if you simplified it and got to the point immediately. For the letter, I would suggest you start by quoting the basis for the refusal and describe why it was wrong.

1. I take it from your post that a family permit was refused as the ECO assumed marriage of convenience. Is this the case?
2. Were there any other grounds for refusal?

You appear to be pretty well informed already.

This post may interest you. http://www.immigrationboards.com/viewto ... t=marriage

[jamilo]

While I appreciate that you will be annoyed, stressed, etc, your post and letter are a little difficult to read. It would be better if you simplified it and got to the point immediately. For the letter, I would suggest you start by quoting the basis for the refusal and describe why it was wrong.

1. I take it from your post that a family permit was refused as the ECO assumed marriage of convenience. Is this the case?
2. Were there any other grounds for refusal?

You appear to be pretty well informed already.



many thanks for ur response,yes the ECO refused my FP on marriage of convenience.. but ECO should not consider the following cases as marriages / civil partnerships of convenience where: there is a child of the relationship; is it not true?

Here is the refusal:
Member States are entitled to be satisfied that you are in a genuine relationship with the EEA national. A genuine relationship extends beyond a marrige ceriticate. Your relationship with the EEA national is all the more important given that Home Office records indicate that you are intent on living in the UK, lawfully or otherwise. In 2009 and 2010 you also sought admission to the UK on the basis of your relationship with the EEA national. However, your applications were not successful and were not appealed.
An EEA Family Permit facilitates your return to the UK. You have submitted some supporting documentation in support of your application. However this informacion does not allow me to conclude that you are in a subsisting relationship with the EEA national. documents dated 2009, for example, are of limited value. in the absence of satisfactory informacion, i am therefore not satisfied that you have a claim to admission as the family member of the EEA national. The definition of spouse in the immigracion regulations 2006 does not include a party to a marriage of convenience.

What is clear to me is the fact that the EEA national has freely lived and worked in her state of nationality. there are no barriers to you living and maintaning a family life with her in the Czech Republic, if you are in a genuine relationship together. 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.