Refusal of EEA Family Permit - Reapply or Appeal

[Szmek]

One of things that was written on the refusal that my wife got was "Every application is looked at seperately, irrespective of the previous applications". So although her previous EEA Family Permit was granted, she was refused the next one. It means that everytime you apply, you must supply evidence that is relevant to your application at the time it is lodged.

What evidence did you submit with this application? (there might have been something that you missed that led them to refuse you) - evidence from back in 2009 isnt as relevant if you have nothing from 2010, 2011 or 2012. You should start with the present and work backwards.

Yes. A marriage cannot be one of convenience if there is evidence of a) co-habitation/living together or b) children.

If they suspect a marriage of convenience, then they should never outright refuse you, as 'every facility must be given to applicant in order to satisfy the ECO' - so they should have invited you for an interview (at least)

As far as your letter is concerned, I can see the general idea of what you are saying but generally it is very hard to read. You should format it differently and in a way that is easier to follow:
1) Start with an overview: you got refused, it was incorrect
2) details of the refusal and explain why it shouldnt be refused
3) describe the evidence you supplied
4) describe the general circumstances
5) quote regulations and entry guidance
[and look at your grammar, what you have written is not really 'English' - the Embassy will 'respect' your letter more if it doesn't contain mistakes]

[Directive/2004/38/EC]

The best thing to do is keep it short and simple. Provide evidence of the child (birth certificate!), and explicitly refer to that in your cover letter. Explain that you are living together.

Keep it short and simple.

Explicitly ask that if the ECO has any questions about the law or is tempted to refuse application, they they consult with the ECM or with the UK. But that this should be done, if needed, on a priority basis.

Keep it short and simple.

State also that you expect to be contacted if they require any additional information.

Keep it short and simple.

Refer to their guidelines:

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.

[jamilo]

One of things that was written on the refusal that my wife got was "Every application is looked at seperately, irrespective of the previous applications". So although her previous EEA Family Permit was granted, she was refused the next one. It means that everytime you apply, you must supply evidence that is relevant to your application at the time it is lodged.

What evidence did you submit with this application? (there might have been something that you missed that led them to refuse you) - evidence from back in 2009 isnt as relevant if you have nothing from 2010, 2011 or 2012. You should start with the present and work backwards.

Yes. A marriage cannot be one of convenience if there is evidence of a) co-habitation/living together or b) children.

If they suspect a marriage of convenience, then they should never outright refuse you, as 'every facility must be given to applicant in order to satisfy the ECO' - so they should have invited you for an interview (at least)

As far as your letter is concerned, I can see the general idea of what you are saying but generally it is very hard to read. You should format it differently and in a way that is easier to follow:
1) Start with an overview: you got refused, it was incorrect
2) details of the refusal and explain why it shouldnt be refused
3) describe the evidence you supplied
4) describe the general circumstances
5) quote regulations and entry guidance
[and look at your grammar, what you have written is not really 'English' - the Embassy will 'respect' your letter more if it doesn't contain mistakes]

Thank you for your advice, I know my written is so bad thanks for understanding. I delete few things and keeping simple and i will follow your steps
Many thanks for your help

[jamilo]

The best thing to do is keep it short and simple. Provide evidence of the child (birth certificate!), and explicitly refer to that in your cover letter. Explain that you are living together.

Keep it short and simple.

Explicitly ask that if the ECO has any questions about the law or is tempted to refuse application, they they consult with the ECM or with the UK. But that this should be done, if needed, on a priority basis.

Keep it short and simple.

State also that you expect to be contacted if they require any additional information.

Keep it short and simple.

Refer to their guidelines:

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.

thank you for your advice, i will keep it short and simple. I will send it also the birth certificate of my son.
Many thanks

[NewJD3]

In understand the situation and how u feel. In my case i added every document as possible.
Try to write a cover letter that proof their decision wrong. Take it easy , they will issue u in ur next application.

Goodluck

[EUsmileWEallsmile]

@jamilo

Your letter is not written badly, but you should simplify it and get to the point.

Best of luck.

[jamilo]

Thanks to all for your support, i think finally i wrote the letter in good way like your guys did mention, i will post the letter hopefully is better understanding this time , if is any correction please let me know i will appreciated, many thanks


My name is B............ born ......1982 in the Czech Republic. I did move in the UK Sept 2003 to live there Permanently, on Apr 2004 in London I did meet my husband X............ born .....1975 in the Kosovo, in few month later we start living together in the UK. On 2005 me and my husband we did apply at Home Office for EEA Registry Certificate and EEA Family Member Resident Card, in 2007 I did get EEA Registration Certificate confirming my right of extended residence in the UK, my husband application it was rejected.
He therefore left the UK as advised, and submitted an application for an Family Permit at the British Embassy in Prague. The effect of the Family permit was to provide my husband with evidence of his right of entry to the UK as the partner of an EEA national who I exercising Treaty rights in the UK.
He did apply for Family Permit at British Embassy in Prague on September 2007 and we did submit all the documents also DVD for our engaged party, after interview,
Entry Clearance Officer was very satisfied with our relationship and issued EEA family permit on 12/09/2007 the Permit was valid for 6 months, until 12/03/2008.
Due to the fact that the EEA Family Permit was issued by the British Embassy in Prague in 2007, I submit that my husband successfully established that he is the Family Member of an EEA National which I exercising Treaty rights in the UK. If he had not established these facts, the Family Permit would not have been issued to him.
In order to obtain an EEA Family permit, my husband satisfied Regulation 12. (Regulation12 see below)

My husband EEA Family permit was due to expiry, before expiry on March 2008 he did sent his travel document and my Passport with Registration Certificate at Home Office with supporting documents for Resident Card as Family member of an EEA national, he did get letter from Home Office confirming his application is bin accepted and is in process for the decision, after one year Home Office required to submit a new document with a longer validity date because his UNMIK travel document it was due to expire in 6month time. My husband he decided to go back in Kosovo and get new passport because back in the UK wasn't Kosovan Embassy to get passport, he did go back on March 2009 in the Kosovo and he got Kosovan passport.
On 08.05.2009 we did get married in Kosovo, I did 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, we did decided I will go back in the Czech Republic to give birth there. On 29 March 2012 my husband did apply for EEA Family permit at British Embassy in Prague, 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 the birth certificate, 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 as the ECO assumed marriage of convenience.
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.”
To me is very clear Entry Clearance Officer he was well informed about my husband passport request on 30.05.2012 the reason that we can get birth certificate for our son.
Also ECO was informed on application that my husband was issued with Family permit back in 2007 in British Embassy in Prague.
I would ask a question to ECO, if Family permit was issued for Family member of an EEA national after when ECO did interview my husband and was very satisfied to issue him a Family permit. Why ECO didn't interview us or ask any question before is not satisfied with our relationship and refuse Family permit?


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.

I would like again to ask a question to Entry Clearance Officer, how it will be a non genuine relationship when is a child in the relationship?
I am very frustrating and I would like the ECO to reconsider his decision and issue EEA family permit to my husband soon as possible.
The decision was made against EEA Regulation 2006 and against UKBA's own entry clearance guidance.


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 all Schengen 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



I would ask again please to consider my e-mail inquire and reconsider the visa refusal because the decision was made against EEA Regulation 2006 and against UKBA's own entry clearance guidance
I expect to be contacted if any additional information will be requited, in enclosed attachment is birth certificate of our son.




Yours Sincerely

[NewJD3]

Well , i think this is still not good enough, though is better.
I think u should ask Szemek to help u with his own format, then u can modify it into your own situation .


Goodluck

[Szmek]

Thanks [NewJD3]. I my letter was actually here, but I deleted it whilst we were waiting for the decision from the Embassy (so that nobody copied it - at the time it could have affected our application).

Now we are in UK, I dont see why we cant share it in order to help people out. [Please consider that some of the formats aren't copied and the letter actually looked slightly different when emailed/printed out]

[ALSO - its 6 pages long!!!!]

- Our Address (top right)

- British Embassy Address (top left)

- Date

URGENT:

FOR THE ATTENTION OF THE HEAD OF THE VISA DEPARTMENT AT THE BRITISH EMBASSY IN WARSAW, POLAND


Dear Sir/Madam,
I am writing to you with a complaint regarding the decision, which has been made by your Visa Department at the British Embassy in Warsaw.

On the [date] an ECO from your visa department decided to refuse my application for the EEA Family Permit, a decision which is against EEA Regulations 2006 and against the UKBA’s own entry clearance guidance. (I have attached a copy of the decision for your attention).

I am a citizen of [country], married since [date] to an EEA national (a citizen of [country]). According to EEA Regulation 2006 by virtue of our marriage we benefit from rights, which protect the family unit and allow me and my husband the freedom to travel within the territory of the EU. He has decided to move to the UK, to which he has every right as an EEA national, and the EEA Regulations provide for him that in order to maintain the integrity of his family, freedom of travel of his family members cannot be restricted. The decision of the ECO at your department has infringed this fundamental right. It has disregarded my right to the freedom of travel with my husband therefore restricted my husband’s freedom of movement and his right to move to the UK.

The basis of the rejection is not justified and the explanation of the ECO is not in accordance with EEA Regulation 2006 nor with UKBA’s own entry clearance guidance. The ECO stated: “I am entitled to be satisfied that the EEA national and his family members will not be a burden on the social assistance system in the UK”. This is definitely not the case as then every EEA national would be means tested before entry in to the UK in order to verify that he will not have recourse to public funds. It is not mentioned in the EEA Regulations 2006 nor in the UKBA entry clearance guidance that such a requirement exists. I quote:

EUN2.4 What are the requirements for issuing an EEA family permit?
In assessing an application from an EEA national's direct family member, the entry clearance officer(ECO) should be satisfied that:
1. the applicant is the family member of the EEA national (marriage certificate, birth certificate or other evidence of family link)
2. the EEA national is residing in the UK in accordance with the EEA Regulations (as qualified person (exercising treaty rights) if more than 3 months) and the non-EEA national is joining them; or the EEA national intends to travel to the UK within 6 months and will have a right to reside under the Regulations on arrival, and the non-EEA national will be accompanying or joining the EEA national; and
3. if applying as a spouse or civil partner, there are no grounds to consider that the marriage or civil partnership is one of convenience (see Annex ….); and
4. if applying as dependent family members (dependent children 21 and over and dependent relatives) they are dependent on the EEA national or the EEA national's spouse or civil partner; and
5. neither the applicant nor the EEA national should be excluded from the UK on the grounds of public policy, public security or public health.

(continued…)

It is important not to test overall intentions in assessing applications for an EEA family permit. Also, there is an initial right of residence for 3 months, which means that an EEA national does not have to be exercising a treaty right immediately on arrival in the UK.


[found on : http://www.ukba.homeoffice.gov.uk/polic ... /#header23]

The refusal of the ECO is not allowed under EEA Regulations The ECO does not need to see any evidence that my husband, the EEA national, is a qualified person because, and I refer again to the UKBA’s entry clearance guidance for refusal on these grounds:

vi. The EEA national is not a qualified person because there is no evidence of Treaty rights being exercised:
'You have failed to provide evidence that your EEA national family member is a qualified person in accordance with Regulation 6 of the Immigration (European Economic Area) Regulations 2006. I am, therefore, not satisfied that your EEA national family member is residing in the UK in accordance with the Immigration (European Economic Area) Regulations 2006.'
Please note: because of the initial right of residence, the ECO cannot refuse someone on the basis that their EEA national family member will not be a qualified person in the UK on arrival. However, if the ECO is satisfied that the EEA national has been in the UK for longer than three months, the ECO must be satisfied that the EEA national is a qualified person.
(continued…)
EUN2.22 Refusal on grounds of public policy, public security or public health
Please note: An applicant who applies for an EEA family permit, but who may be considered as a threat to Public Policy, Public Security or Public Health cannot be refused under the General Grounds for Refusal of the Immigration Rules. This is because the application is made against the EEA Regulations and therefore the refusal would need to be against these Regulations


[found on : http://www.ukba.homeoffice.gov.uk/polic ... /#header23]

In the case that after arrival and after 3 months of residence in the UK, my husband will not be ‘a qualified person’ exercising Treaty Rights, the provisions in the EEA Regulation 13 state:

Initial right of residence
13.(1) An EEA national is entitled to reside in the United Kingdom for a period not exceeding three months beginning on the date on which he is admitted to the United Kingdom provided that he holds a valid national identity card or passport issued by an EEA State.
(2)A family member of an EEA national residing in the United Kingdom under paragraph (1) who is not himself an EEA national is entitled to reside in the United Kingdom provided that he holds a valid passport.
(3)But—
(a) this regulation is subject to regulation 19(3)(b); and
(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.


(Found on: http://www.ukba.homeoffice.gov.uk/sitec ... annexa.pdf)

This rule cannot be applied outside of the UK, based on a balance of probabilities, decided by the ECO. It’s wording clearly states a future tense and its condition is for the EEA national and his family members to be in the UK already.

Further to the above points I hope I have demonstrated that the ECO had made a decision against EEA Regulations 2006 and against UKBA’s own entry clearance guidance.

Furthermore I would like to add that the ECO’s concerns could have been satisfied by the means of an interview. Again, this was against UKBA’s entry clearance guidance, which states:

EUN2.18 Can I invite an applicant in for interview?
The ECO can invite an applicant in for interview as long as any delay or deferral can be justified. The ECO should consider inviting an applicant for interview in the following circumstances:
• Strong grounds to doubt applicant is related as claimed to EEA national
• Strong grounds to doubt that applicant is genuinely dependent on the EEA national (except spouses and descendants under 21)
• Strong grounds to doubt that EEA national is in, or will be going to, the UK
• Strong grounds to doubt that the EEA national is, or will be, a qualified person
• Strong grounds to suspect the EEA national intends to 'drop off' the applicant and return to the country of origin
• ***Strong grounds to suspect a marriage of convenience***
• Strong doubts about identity of applicant
• Strong grounds to consider refusing on the basis of Public Policy, Public Health or Public Security.


[found on : http://www.ukba.homeoffice.gov.uk/polic ... /#header23]

Should the ECO have invited me for an interview, I would have supplied him with evidence of my husband’s employment in the form of a letter from his future employer, stating that his interview was successful and that he has been accepted to a 2-year post that begins on the [date]. This would have demonstrated to the ECO that my husband would and will in fact be exercising Treaty Rights during and after his initial right of residence. This was an obvious disregard by the ECO of the UKBA guidance and of my rights as a family member of an EEA national.

Conclusion and Kind Request

I hope that I have demonstrated to you that the decision to refuse my EEA Family Permit application was wrong by the ECO as it was against the Immigration (EEA) Regulations 2006, and against the UKBA’s own entry clearance guidance.

The Visa department informed me of my right to appeal and provided me with an appeal form, however I must state that I will not be following the route. Suggesting that an applicant pay a substantial fee of between £80-140 to appeal the EEA Family Permit that is free-of-charge after an obvious disregard for EEA Regulations and the UKBA’s own entry clearance guidance is unreasonable. I would rather be inclined to refer the situation to SOLVIT and the European Commission.

As of today, I have re-applied for the EEA Family Permit, and plan to provide the evidence, which should have been requested, with my application. I would request that you inform the ECO, or any other workers, of the infringement of the EEA Regulations 2006, which has occurred in this situation so that my future application may be processed according to EEA and UKBA rules.

I would like to finish this letter with a kind request. As I have mentioned above, I have reapplied for the EEA Family Permit and my new appointment could not be made sooner than [date]. The current situation is causing a major disturbance to my and my husbands travel arrangements, as I mentioned before he is starting full-time employment at the end of July. I request that you, within your jurisdiction, enable me to reapply for my EEA Family Permit sooner and with priority in order to achieve a decision in time to join my husband in travel to the UK at the beginning of July (may I suggest [date] for the appointment). If this is not possible, as I understand the Visa department may be very busy, I request that when my application is made on the [date], that you process it immediately, on the basis of an accelerated process. This is written in the EU Directive 2004/38/EC:

Member States shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure.

(continued…)

4. Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence.

This would also be in accordance with UKBA entry clearance guidance:

EUN2.3 How quickly do I need to issue an EEA family permit?
Priority must be given to applications for EEA family permits. Wherever possible a decision should be made at the time it is lodged or after an interview is conducted.
However, the Regulations do not say that EEA family permits must be issued on the day that the application is made. The Directive does allow Member States to take reasonable measures to ensure that freedom of movement is not obtained by deception. Where you suspect a marriage of convenience or even 'sham' employment for the purpose of freedom of movement, further enquiries should be made and credibility may be tested. As long as delays are justifiable, applications can be tested until the ECO is fully satisfied.


[found on : http://www.ukba.homeoffice.gov.uk/polic ... /#header23]

I would like to add, that the UK Embassy has all the supporting documents that I have supplied with my previous applications. It already has my biometric details, my supporting evidence, and all details of my previous successful application. Considering the circumstances I do not see how an ECO may justify any delays. Should he see fit to do so, I hope that he does so with priority Please ensure that every facility is given to ensure that my previously applied for EEA Family Permit is now correctly issued and that the new application is processed quickly enough for us to use our existing travel arrangements.
My husband and me are honest people, who are not trying to deceive or cause a burden. We are merely trying to start an honest family life in the UK.
Thank you for your time. I hope that you are able to help me with the situation, which has occurred. Please correspond via email.
Yours sincerely,
[name]

I hope that this helps. Please dont just copy and paste the above wording, as every application is individual, it would be weird and dangerous for many people to hand in letters that are exactly the same. But I hope that it helps you (and others) to structure a good letter to the British Embassy.

I would also like to add, that we submitted a similar letter together with the application (as a covering letter) highlighting the same issues so that the ECO is well aware of what he should and shouldn't do!

[jamilo]

Thank You NewJD3, Szmek thanks for sharing your letter, i did modify with my letter it seems very good to me and i will send it 2morrow at the British embassy. In the mean time good news i have to share 2day i did receive RC of a family member from the Czech Republic, i will attached with the letter also the birth certificate of my son and i think this time they have to issue the family permit.
Thanks again to all for your support

[NewJD3]

NO problem mate, that is why we are all here to help in our little way.

Hello szmek, how is life in the Uk and hope you and ur family is coping.???
Take care and thnks for helping jamilo

[Szmek]

This forum provided so much help for me and my wife that the least I can do is share and help some more.

The UK is great, except for the rain (haha). Now we have a completely new task of fixing all the other day-to-day things:
- setting up a bank account/adding her to mine for a joint-account (need evidence of address! - such as tenancy agreement or letter of national insurance number)
- signing a (joint) tenancy agreement (need evidence of address for the credit check - haha - manage to get round that by asking the agency manager for some discretion)
- registering with a GP (havent tried that one yet, because we're moving house, we'll do it together near our new place of residence)

Generally theres a beautiful catch-22 situation where everyone wants proff of address and unless someone is first it cant be done. The National-Insurance number is one that banks accept, but its a postal application - so I'm not really sure how long its gonna take....

I wont be updating these things because theyre not really for this thread - but I might pop on other threads

Either way, good luck to everyone.

[Directive/2004/38/EC]

Glad you are enjoying the rain! It takes a while to get settled, but you will get there in the end. And do not get started on the weird habits of British Banks!

[Szmek]

Directive/2004/38/EC -> I just read the link at the bottom of your post - I am in this position - I am a dual national - British and Polish... Am I right in saying that they just implemented this new law that the family members of dual national EU/British cannot benefit from the EU-free movement?

My wife exercised her right as the family member for a Polish national to come to the UK. She disclosed that I am also a British citizen, but this had no effect on our EEA Family Permit (it has already been granted)

But does this change our situation as far as applying for a Residence Card?

[Directive/2004/38/EC]

Directive/2004/38/EC -> I just read the link at the bottom of your post - I am in this position - I am a dual national - British and Polish... Am I right in saying that they just implemented this new law that the family members of dual national EU/British cannot benefit from the EU-free movement?

My wife exercised her right as the family member for a Polish national to come to the UK. She disclosed that I am also a British citizen, but this had no effect on our EEA Family Permit (it has already been granted)

But does this change our situation as far as applying for a Residence Card?

Lets not hijack this thread. But...

I actually think what they are doing is pretty dubious. So can be challenged!

Do not worry about it. Were you working in Poland?

[Szmek]

No - I was studying so I don't fall into the Surrinder-Singh case (British citizen working in a EU country then relocating back to the UK).

I'm just reading the UKBA now and they haven't made any guidance yet nor have they amended the EEA2 Residence Card application form.

Whole thing has me sweating a little...

[Directive/2004/38/EC]

Do not worry my friend. But do two things: use only your Polish passport for travel/work/bank accounts and get a job (even part time).

[Szmek]

Haha... Thanks for trying to calm me down, but I expect a lot of head scratching in the forseable future...

Regarding what you said: I've got a job lined up already, 2-year contract, start next Monday actually - but as far as using the Polish passport - its too late - I've had a bank account here for years, National Insurance etc. all under my British passport!!!

Her EEA Family Permit is valid until sometime in December (I know from law that these decisions can't be applied backwards - I think - so they cant revoke it) but we were planning on applying for the Residence Card soon (within the next month).

I wonder how the UKBA/HomeOffice will deal with these applications - you have any ideas? I mean she is in the country already

[Directive/2004/38/EC]

I suggest you prove your right to work using your Polish passport! Head scratching is encouraged: worry is not.

[Jambo]

I don't see a problem using the UK passport as the old rules apply to you.

See schedule 3 for the transitional arrangements. See point (4). As the FP was applied before 16th July and she entered within the 6 months, you are under the old rules.

[Szmek]

"Prove my right of work' - to who? Employer or UKBA? (Employer already knows I'm British)

I just flicked through the EEA2 application and it asks 'Does the EEA National also have British citizenship?' - but thats the 'old' EEA2 (the new hasnt been issued)

I'm just reading [http://www.legislation.gov.uk/uksi/2012/1547/made] and in Schedule 3 - Transitional Provisions it kind of outlines the rules for those who have been 'trapped' in between the 'old' and 'new' rules. E.g. If someone received/applied for/been refused and appealed the Residence Card before 16th July 2012 then they are protected by the EEA Regulations 2006.

It later describes those with an EEA Family Permit but to me it doesnt make sense - maybe you can help:

Where met, the criteria in subparagraph (2), (3) and (4) remain satisfied until the occurrence of the earliest of the following events—

(a)the date six months after an EEA family permit has been issued if F(family member) has not within that period been admitted to the United Kingdom;

Surely it should say if the family member has within that period been admitted to the UK.

[Szmek]

Sorry - actually I just read that the commencement of the exclusion of British nationals will be enforced from 16th October 2012.

Commencement

2.—(1) Subject to paragraph (2) these Regulations will come into force on 16th July 2012.

(2) Paragraph 1(d) of Schedule 1 to these Regulations will come into force on 16th October 2012.

---------------
ref:
(1) (d) in the definition of “EEA national” after “a national of an EEA State” insert “who is not also a United Kingdom national”

So basically any dual British/EU nationals have until then to use the EEA freedom of movement EEA regulations to bring their non-EU families back to UK (???)

[Szmek]

Here is a link to the new thread that I've made about the situation for dual British/EU nationals: http://www.immigrationboards.com/viewto ... 196#679196

[idealstar]

Hi all,

I am EEA citizen, working in the UK since six months. My wife and (step)kids are coming to live with me, and when applying for EEA family permit (as they are non-EEA citizens), my wife was quickly approved for the permit/visa, but the kids not!

Due to my understanding, that breaks literally every rule in the book:
- the decision is possibly separating kids from their partnes
- the decision hinders my right to free movement in the EEA area
- etc...

Please avise - we have not yet received the paperwork back, but to me it seems totally out of place.

Thanks

J

[Directive/2004/38/EC]

What is the exact reason given for refusing the children? Were all the applications done together? How old are the children, and whose children are they?