EEA PERMIT REFUSED :-(

dmax · Post by **dmax** » Mon Sep 03, 2012 6:24 am

i am irish and british passport holder, born in uk, lived in belfast uk all my life. wife is thai, she is in uk on eea permit and has 5 year resident stamp. she has 2 sons in thailand and we made applicaTION for them to join us in uk to ukba in bangkok on 30th june 12. the permit was refused on grounds i am permanently incapacitated. in uk i was advised my the immigraqtion lawyers from law centre belfast to get a letter from my doctor to state i was sick with liver disease. but now some immigration n specialists in thailand say i am not eligable or qualified as i am permanently incapacitated. also the ubba state in refusal form that i have not resided in uk on a continuous basis for 5 years ( of course i have , apart from odd holidays etc out of country once or twice per year )

can someone help please . thankyou

Post by **EUsmileWEallsmile** » Mon Sep 03, 2012 8:14 am

What exactly is your work history? When did you become ill?

Read article 7 and 17 of directive 2004/28/EC.

Post by **Directive/2004/38/EC** » Mon Sep 03, 2012 9:30 am

OP can you please post a link to your previous thread. It had more details, and there is no point in wasting people's time.

What exactly did the refusal letter say?

"some immigration n specialists in thailand say..."

It is very unlikely that "immigration specialists" (lawyers?) in Thailand have much relevant experience in this area of EU law. Please consider not spending more money on them.

dmax · Post by **dmax** » Mon Sep 03, 2012 12:34 pm

sorry for the wait guru,
this is the wording on refusal notice. your sponsor needs to demonstrate that he is a qualified person who is residing in uk in accordance with the regulations. your sponsor needs to provideevidence that he is currently execrcising a treaty rightin uk or that he has aquired a permanent right of residence by having previously excersing treaty rights in uk for a continous period of 5 years.

you have however , failed failed to provide evidence that your eea member is a qualified person in accordance with reg 6 of the immigration regs 2006. alternitavely , if your sponsor is permanently incapacited , that he meets regulation 5 of the 2006 regs. i am , however, not satisfied that your eea family member is residing in uk in accordance with the immigration regs 2006.

i therefore refuse your permit app because i am not satisfied that you meet all the requirments of regs 5 and 6 of the immigration regs 2006.

hope this helps. THANKS . ps, i was advised today by immigration lawyer in belfast that there was provisions made for people who were working before but came out of work due to sickness ( permanent incapacitated.)

Post by **Directive/2004/38/EC** » Mon Sep 03, 2012 2:09 pm

EUsmileWEallsmile wrote:What exactly is your work history? When did you become ill?

This is the most important thing for the OP to answer. Until he very clearly lays this out, there is not much help we can provide.

Old threads include: thread1, thread2, thread3, thread4 is one which my earlier request for more details was not answered, and thread5

dmax · Post by **dmax** » Mon Sep 03, 2012 7:42 pm

i became ill about 2 years ago. i was working 3 years steady at least before that.

hope that clears things up

Post by **EUsmileWEallsmile** » Mon Sep 03, 2012 7:53 pm

dmax wrote:i became ill about 2 years ago. i was working 3 years steady at least before that.

hope that clears things up

Have you read article 17 of directive 2004/38/EC?

Also reg 5.3 of the The Immigration (European Economic Area) Regulations 2006

dmax · Post by **dmax** » Tue Sep 04, 2012 5:14 am

hi ,
im sorry guru but i have googled that and i do not understand all these regulations and laws.

can anyone basically advise me in short please. i need to know if the ukba are wrong in refusing the kids application for eea, i need to know if , because i am long term incapacitated am i qualified or not ? lawyer told me yesterday that there were provisions for people who were permanently incapacitated and these rules should of been adheared to by ukba , though lawyer did not go into much detail and it looks like i will need to pay him a lot of money for more advice or to take up my case, money which i do not have now as myself and wife used all the money we had to go to thailand and make this eea permit for our kids.

also the appeal, do i need to apeal both childs decisions or only one appeal since they are twins and have the same circumstances and an oral appeal or not ?

thankyou again

Post by **EUsmileWEallsmile** » Tue Sep 04, 2012 7:26 am

dmax wrote:hi ,
im sorry guru but i have googled that and i do not understand all these regulations and laws.

can anyone basically advise me in short please. i need to know if the ukba are wrong in refusing the kids application for eea, i need to know if , because i am long term incapacitated am i qualified or not ? lawyer told me yesterday that there were provisions for people who were permanently incapacitated and these rules should of been adheared to by ukba , though lawyer did not go into much detail and it looks like i will need to pay him a lot of money for more advice or to take up my case, money which i do not have now as myself and wife used all the money we had to go to thailand and make this eea permit for our kids.

also the appeal, do i need to apeal both childs decisions or only one appeal since they are twins and have the same circumstances and an oral appeal or not ?

thankyou again

Just as the lawyer said, there are special dispensations for workers who have ceased work due to illness and like in your case who are permanently unable to work (provided that they have worked for a period of time first). On the face of it, you appear to have met these conditions.

If you can't make sense of the legal wordings, can I suggest, involving a friend who's more comfortable with that sort of thing (show them the regulations and directive and the particular parts I've highlighted) and / or citizens advice? I don't think you need a lawyer to help understand them, but on the other hand don't let this go on too long. I imagine you can appeal the decision, but need to do so quickly.

dmax · Post by **dmax** » Tue Sep 04, 2012 2:02 pm

hi,
i have just spoken to immigrtion lawyer from lawcentre.org belfast, she told me it looks like i have not provided evidence of residing in uk for last few years and also evidence of working before, i did give previous payslips , so why didnt ukba follow them up with HMRC , lawyer told me that is my duty to provide and ukba wont chase up anything on my behalf. my compaNY I worked for before has folded and no longer exists, ive no way of contacting them or getting payslips etc.

this is a right nightmare. wish i was advised of all this before i came and spent my life savings coming to thailand .

please, can anyone advise me what to do, what not to do ? THANKS

dmax · Post by **dmax** » Tue Sep 04, 2012 2:03 pm

hi,
i have just spoken to immigrtion lawyer from lawcentre.org belfast, she told me it looks like i have not provided evidence of residing in uk for last few years and also evidence of working before, i did give previous payslips , so why didnt ukba follow them up with HMRC , lawyer told me that is my duty to provide and ukba wont chase up anything on my behalf. my compaNY I worked for before has folded and no longer exists, ive no way of contacting them or getting payslips etc.

this is a right nightmare. wish i was advised of all this before i came and spent my life savings coming to thailand .

please, can anyone advise me what to do, what not to do ? THANKS

Post by **EUsmileWEallsmile** » Tue Sep 04, 2012 8:19 pm

You can write to the Inland Revenue and ask them to provide evidence that you were working. It needs to cover the time before you became ill and for the required length of time. You need to provide evidence that you can no longer work.

This evidence can be sent to your wife in Thailand, who can reapply for her sons' visas.

dmax · Post by **dmax** » Wed Sep 05, 2012 5:44 am

thank you so much guru, my wife comes home on 20 sept 12. no money left to hang about thailand, can we make appeal in uk ? lodge it at least ? then wait on letters from HRMC and another letter from my doctor ?

anything else i need to know ?

thankyou

Post by **EUsmileWEallsmile** » Wed Sep 05, 2012 7:14 am

Were appeal details provided as part of the rejection? If so you can follow them.

If I were in your position, I would work very hard to get the evidence you require to prove your case and reapply.

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EEA PERMIT REFUSED :-(

EEA PERMIT REFUSED :-(