EA Family Permit Refused! Please advice!

[epic]

Hi there, it's a really sad day. Today I got an email from the UKBA stating that the EA Family permit for my fiancee was denied.

I'm EA citizen (Italian) and she is from Argentina, we aplied from the Ukba site and presented the papers on the Arg embassy, but the desition is made on the Rio site (we are still living here on arg).

This is what we sent on our application as cover letter & evidence:

Hi there, I'm aplying wia the UKBA website this weekend for the EA Family permit for mi fiancée.
I'm EA Citizen (italian) and my fianceé is from Argentina

This is the cover letter that I will attach and the evidence that I will send once we get the appointment to send the docs after we apply online:

UK Border Agency:
Please find enclosed the application for the EEA Family Permit Visa for my Fiancée XXXX
She is planning to travel to join me on the UK on October 2012. I will be traveling there on September 3rd.
Our relationship started on December 2009 and we have been together ever since then.
According to The Immigration (EEA) Regulations 2006 sections 12 and 13, the following documents are provided along with the application forms as proof of our genuine relationship:
Her passport
1 photo of her
Our co/habitation certificate issued by Argentinian authorities as legal proof for more than 2 years of co-habitation.
Copy of my EEA Italian passport
My divorce certificate (my prior marriage)
Deed under her name as owner of our current living address
20 photos together including some with our family and friends on reunions.
Plane and bus tickets of some travels that we have done together.
1 Cable/Internet bill at her name under the same living address.
1 Visa credit card receipt at my name under the same living address.
1 Telephone bill receipt at my name under the same living address.
Joint account receipt with details of our mutual savings. (10k british PO)
Certified copies and translations of the above documents have been included, in addition to the originals.
I understand that under The Immigration (EEA) Regulations 2006 section 13, my family members and I have an initial right of residence and afterwards exercise my treaty rights in the UK.
Regards

And this is what I got on response for the denial:

---------- Forwarded message ----------
From: <RIDEJVisaInfo@fco.gov.uk>
Date: 2012/8/3
Subject: UK VISA
To: XXXXX

UK VISA Message:

Dear Applicant we regret to inform you that after careful consideration against the immigration rules, your UK visa application has been unsuccessful. Your passport, any original supporting documents and an explanatory notice will shortly be shipped back to you. The notice will explain why your application was refused and will also include any information on your appeal rights. You will be notified directly by the Embassy as soon as your documents are available for collection. We encourage you to give feedback on the UK visa application process. You may complete the UKBA Customer Survey - http://feedback.ukba.homeoffice.gov.uk/ ... 37412smumc. Further information on UK visa services is available at www.visainfoservices.com

Regards UK Border Agency, Rio de Janeiro. This is an automated e-mail. Please do not reply.

I paid the Worldbridge service and I'm still waiting the return of the doc papers to see wich was the reason of denial but I still can't believe why they said no after all we sent as evidence.

I have the folowing questions:
1) It is better to just re-apply than apeal adding the additional required evidence after I know the reasons why it was denied, right?
2) The documents should come right to my home address since I paid the Worldbridge service or they are returned to the embassy so I need to take them from there?
3) Do you know any paid visa application/consultation service? Because this time I really need to get this approved and maybe I will need one.
4) One of the reasons that I may think they denied our permit it's because we are not married. If I marry with her now, they MUST accept it right? They can't say its a marriage of convenience?

I will add the exact details of their refusal when I get their actual note.

Thanks for your support and sorry for the long post but i'm getting desperate

[EUsmileWEallsmile]

Presumably, you don't know what the rejection letter says yet, so you'll need to wait and see what it says.

[keffers]

Sounds like a generic email as it refers to 'immigration rules' and does not mention EEA Regulations.

It will be interesting to read on what grounds a refusal was made as your documentation appears very comprehensive.

[epic]

Hi, there thanks for your response, I hope to get the docs back next week along with the refusal letter so I can post it to you for your advice.
I also can't think why it was denied, I think I covered even with more evidence than needed.

[vinny]

A free EEA family permit application by a Fiancé(e) will always fail. It may be better to marry outside the UK first.

[keffers]

That is not what the Regulations state. A Fianceé will be considered under the EEA Regs if they can demonstrate they are in a durable relationship - otherwise it will be under the Immigration Rules.

Could it be that this application has been considered under the wrong rules? The rules are clearly there to stop strangers who suddenly become fiancées from benefiting, but not people in a durable relationship who have made a commitment to be married.

Perhpas the ECO has made that same mistake?

[Directive/2004/38/EC]

Which application form did you use for the application?

How much did you pay for the application?

[epic]

I did the online application using the EA Family Permit form, as u know the application this type of visa is Free.

I will send you the details on the refusal wording once I get the refusal letter back from the embassy I hope this week because I still can't imagine the denial reason.

Thank u all for your support & interest!

[Directive/2004/38/EC]

I paid the Worldbridge service

What did you pay for and how much?

Looking forward to seeing the refusal wording.

Paying money for advice on the refusal will be difficult. It is hard to find somebody who is properly qualified to offer advice. I would not know who to send you to, to be honest.

[yamcheka]

I also wanted to know about EEA Family Permit. Is it good to state in the application that the couple (who will be traveling) will be working to save and finally be retiring outside UK.

[Directive/2004/38/EC]

I also wanted to know about EEA Family Permit. Is it good to state in the application that the couple (who will be traveling) will be working to save and finally be retiring outside UK.

What exactly is the question on the application form that you are answering?

[CHEEKA]

Sorry I cannot be of much help with your situation I do not know lots about this but did you apply inside Argentina ?

Would it make any difference if you applied from a European country ?

I know it should not make any difference but it might, you might get another more sympathetic officer (lol "sympathetic officer" oxymoron).

Are they not more accomodating to people applying from inside the Union ?

Again they should not be , but you never know.
Who knows what their decision process is ,quite bizzare.

If you stay where you are you might be there forever...

[CHEEKA]

I also wanted to know about EEA Family Permit. Is it good to state in the application that the couple (who will be traveling) will be working to save and finally be retiring outside UK.

The EEA family permit requires no proof of income .

You do not have to give them financial details.

The more information you provide them , the more they will use that information to deny you the application.

Just fill in the details that are actually required and see what happens.

[epic]

Hi there finally I just received from Fedex the Refusal letter this is what they wrote:

Your Application:
You have applied for admission to the United Kingdom by virtue of European Community Law as the family member of a European Economic Area national who is exercising, or wishes to exercise, rights of free movement under the Treaty of Rome in the United Kingdom

The Decision:
You have applied for an EEA family permit as a person who is in a durable relationship with an EEA national. Your application has been considered in accordance with Regulation 8(5) of the Immigration (EEA) Regulations 2006 but you have failed to prove that you are in a durable relationship with an EEA national.

In cases where a person is seeking to be considered as an unmarried/same-sex partner of an EEA National, we apply the same criteria as that stipulated under the Immigration Rules for a person seeking leave to enter as the unmarried/same sex partner of a British of Settled person.

Your case has therefore been considered under Paragraph 295A of the Immigration Rules.

You have stated that your relationship with the sponsor started in December 2009 and that you have cohabited for at least 2 years. As evidence of this you have submitted a declaration of cohabitation for 2 years dated June 2012 and various utility bills all dated 2012. You have submitted no further evidence of cohabitation and none that dates from at least 2 years ago.
I am not satisfied that the evidence submitted is sufficient to show that you have cohabited with the sponsor for at least 2 years and that you are therefore in a durable relationship.
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.

What I sent as proof of our relationship was a official certificate of cohabitation for 2+ years with date of June 2012 issued by the Local Argentinian government but it stated that the cohabitation relationship started more than 2+ years (this is a official gov doc it's sworn statement and it was translated)

I also added utility bills (listed on the last quote) but only from June just because I thought that with the official Gov cert was enough as proof our relationship and the bills under were to reinforce the "living under the same address".

I also added 20 photos together and with our Family as more evidence.

How do you suggest to do next? I'm thinking on getting professional advice because I really don't have bills older than 6 months and they should accept the Arg Gov certificate.

If I marry hear they will approve or they can say its a marriage of convenience?

[EUsmileWEallsmile]

If you were married, your rights would be substantially stronger. Your wife would be a direct family member. Her rights would be automatic. Given that you have a history of relationship, it would be difficult for someone to argue that you were party to a marriage of convenience.

Effectively, the ECO is treating you as unmarried partners and your fiance is considered to be an other family member in those circumstances.

What I find strange about your case is that you mentioned in previous posts that you were in a recognised civil partnership and had documentation to demonstrate that. Usually, these are treated in the same way as marriage certificates by the UK and some other EU member states (not all).

In the first instance, I would consider complaining. The basis of the complaint would be that they have failed to consider the evidence presented to them.

You could also appeal (£80 fee plus a long wait) or reapply (free). Be aware that presenting exactly the same information is likely to lead to the same result.

[keffers]

Smoke and mirrors.

The application was free made under EEA Regulations.

The ECO dismisses this without any justification by reference to case law or UKBA guidelines etc

The ECO then moves swiftly to the Immigration Rules. But wait. Are they also free to apply under? No - of course not.

Never mind - it suits the mindset of the ECO ie to move the application away from EEA Regulations and into the more difficult to satisfy Immigration Rules. Is this ECO a loose cannon who can dish out free applications under Immigration Rules and on the wrong application forms?

You have 28 days to appeal this decision and a successful outcome would be months away. The choice is yours.

I would immediately lodge a complaint and request an Entry Clearance Manager review the decision on the basis that the ECO has used the incorrect rules and has not justified a rejection under EEA Regulations.

ie has not made reference to guidelines or judicial decisions which justify the ECO's position.

[Directive/2004/38/EC]

You have no submitted no further evidence of cohabitation and none that dates from at least 2 years ago.

Lets play along with this for a moment. Do you have any evidence from two years ago? Think broadly!

Holiday flight reservation confirmations?
Photos together from said travels?
Evidence of things you did together from two years ago?
Old invoices from things you have individually purchased which were delivered to your shared address, e.g. a washing machine and a bicycle?

[epic]

Thanks a lot for your responses, I still can't believe the reasons...

It's the same that I thought, I don't know why the ECO refused it if the only paper that is needed (the co hab cert) was not taken into account the co-hab cert is dated June because I made it for the visa but it states that the cohab-relationship its' MORE than 2 years (even he quotes it on his refusal response but avoids that important thing..).

About the additional evidence from 2 years ago, besides some mails together, some more pics that I can find (some that I sent also on my app) I don't really have old bills together anymore and I don't know how solid that will be on a reapply if the most important evidance was even not taken.

About the complaint letter, do you have any guidelines how it should be? Only the letter will be enough? Because the ECO manager won't have all the evidence to re-check (for example the co-hab cert) the decision.
Can you recomend any pro-legal so I can get help on the letter?

What I think maybe the best aproach will be is first to complain and if they don't change their mind maybe just Marry and reapply then. But it's really unfair to just have that solution if I really presented solid info

[epic]

Plz Gurus I still need your advice on this, can you please help me out?

Thanks!!

[Directive/2004/38/EC]

It's the same that I thought, I don't know why the ECO refused it if the only paper that is needed (the co hab cert) was not taken into account the co-hab cert is dated June because I made it for the visa but it states that the cohab-relationship its' MORE than 2 years (even he quotes it on his refusal response but avoids that important thing..).

About the additional evidence from 2 years ago, besides some mails together, some more pics that I can find (some that I sent also on my app) I don't really have old bills together anymore and I don't know how solid that will be on a reapply if the most important evidance was even not taken.

About the complaint letter, do you have any guidelines how it should be? Only the letter will be enough? Because the ECO manager won't have all the evidence to re-check (for example the co-hab cert) the decision.
Can you recomend any pro-legal so I can get help on the letter?

What I think maybe the best aproach will be is first to complain and if they don't change their mind maybe just Marry and reapply then. But it's really unfair to just have that solution if I really presented solid info :(

You need to stop take a deep breath or two.

You have been refused, rightly or wrongly, but your application is not one which gives rise to semi automatic approval. The relationship is not one of those which are trivially documented with a certificate: e.g. see http://eumovement.wordpress.com/2008/04 ... ly-member/

You are instead one who falls in the category of "Other Family Member": see http://eumovement.wordpress.com/2008/04 ... ficiaries/

So that means you have to provide a wider range of evidence. A simple certificate, which you happen to have, is not sufficient. Or at the very least you need to provide more evidence that fills out the story of the two previous years, or even which demonstrates what you had to prove to get the certificate.

[wanyora]

is it the rule now that you must be staying with your family in a member state?you should come here and start work then apply for her. it sad but i wish you luck.

[Directive/2004/38/EC]

is it the rule now that you must be staying with your family in a member state?you should come here and start work then apply for her. it sad but i wish you luck.

The couple must not start in an EU member state.

They can either travel together or the non-EU family member can join the EU citizen who has gone ahead.

[keffers]

Your case has therefore been considered under Paragraph 295A of the Immigration Rules.

An application for a fiancee visa under the Immigration Rules costs £1363 (according to UKBA website).

The application was not made under the Immigration Rules but free under EEA Regulations.

The criteria in UKBA guidance for a fiancee Family Permit is described as 'similar' to the Immigrations rules. Similar is not the same.

The application was not made under the Immigration Rules but was refused by reference to them.

[epic]

Directive/2004/38/EC Wrote:

You need to stop take a deep breath or two.

You have been refused, rightly or wrongly, but your application is not one which gives rise to semi automatic approval. The relationship is not one of those which are trivially documented with a certificate: e.g. see http://eumovement.wordpress.com/2008/04 ... ly-member/

You are instead one who falls in the category of "Other Family Member": see http://eumovement.wordpress.com/2008/04 ... ficiaries/

So that means you have to provide a wider range of evidence. A simple certificate, which you happen to have, is not sufficient. Or at the very least you need to provide more evidence that fills out the story of the two previous years, or even which demonstrates what you had to prove to get the certificate.

Thanks I already went trough that info before aplying. It was not a simple certificate its an official Argentinian gov certificate signed by the gov+2 witness that actually states that its more than 2 years cohab. It was translated and certified. That's why it's strange they didn't take that as an evidence and they only sticked on the Bills that were all from 2012.

Anyway I'm planning to get married to get things easier for the visa purposes. After a marriage how long should I wait to apply for the FP again to avoid they question it as marriage of convenience?
What evidence should I add along my marriage cert?
I think that if I send the same things that I sent before + the marriage cert that should be enough, right?

Thanks a LOT on this guys

[keffers]

Good luck - but I still think it worth challenging the decision by way of asking for an ECM to review it.

From UKBA Guidance section EUN2.12

Example: The fiancée of an EEA national working in the UK applies for an EEA family permit, free of charge. She does not qualify under the EEA Regulations and has not paid the specified fee to be considered under paragraph 290 of the Immigration Rules. There is therefore no valid application before the ECO. In this instance the ECO should refuse and first address why the applicant did not meet the EEA Regulations. Reference should then be made to Regulation 31 of the Immigration and Nationality (Fees) Regulations 2009.

The above example assumes a durable relationship did not exist. The ECO should have addressed why he did not consider your relationship to qualify but had no authority to consider it under Immigraton Rules as you had not paid the fee.

http://www.ukba.homeoffice.gov.uk/polic ... 2/#header9