Post
by sebstewart » Mon Jan 13, 2014 2:57 pm
Hello, this is my wife's refusal received today -
The decision
- Regulation 9 of the Immigration (European Economic Area) Regulations 2006, as amended by the Immigration (EEA) (Amendment) (No.2) Regulations 2013, states:
9. (1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a British citizen (“P”) were an EEA national.
(2) The conditions are that –
[…]
(c ) the centre of P’s life has transferred to the EEA State where P resided as a worker or self-employed person.
(3) Factors relevant to whether the centre of P’s life has transferred to another EEA State include –
(a) the period of residence in the EEA State as a worker or self-employed person;
(b) the location of P’s principal residence;
(c ) the degree of integration of P in the EEA State
- You have stated that you wish to visit the United Kingdom with your British spouse, Mr. SS. I acknowledge that you have provided a photocopy of your spouse´s British passport, and your original British marriage certificate, as evidence that you are related as claimed to a British national. I note that your spouse has provided evidence of his employment in France, in the form of an employer’s letter, a contract of employment, and three payslips. The letter from Mr. SS's employer states that your spouse is working fifteen hours per week, which is confirmed in the payslips showing sixty hours per month. This contract is a fixed-term contract (“contra a duree determine”) and was only made for twenty days with no further contractual indication of how long this has been extended. I note that you state in your application form that your spouses’s employment ended on the 31 December 2013, and you now wish to visit the United Kingdom for a period of 4 months. You have provided a document from “Credit Agricole du Morbihan”, a bank, which shows that your accounts have been open since 02 October 2013, a period of only three months. You have provided a letter from Mr. xxxxxxxx, a British national living in France, who states that he provides accommodation for you and your spouse, with no tenancy agreement, seemingly no rent, and no utilities in your or Mr. SS’s name. Due to these reasons, I am not satisfied that your British national spouse has transferred his centre of life to another EEA Member State.
- 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 (EEA) Regulations 2006
Last edited by
sebstewart on Mon Jan 13, 2014 5:02 pm, edited 1 time in total.
