EEA Family Permit Appeal

[Sally3134]

Hello, my husband is an Australian with a Greek passport and I am Australian.

We applied for an EEA Family Permit in Athens in September 2013. Our application was then sent to Serbia for processing. Two weeks later it was refused on the grounds that we did not prove that our marriage was not one of convenience.

We believe this was because my husband received his Greek passport in September and because we had only been married for 6 months - we married in March 2013.

We immediately appealed this decision and sent nearly 100 pages of bills, photos, wedding receipts etc showing we had been together for 2 years - including living and travelling together.

The office in Serbia was given until 14 January to respond to our appeal. Today I have received a letter from the First Tier Tribunal saying that they have not received a response and that the appeal will be heard on or after March 13.

My question is how can the Serbian office not respond? They were given three months to assess our documents. Why should we be punished and have to wait another two months for the matter to go to the tribunal.

Does anyone know if Serbia can still respond and deal with our appeal before March 13?

Any advice much appreciated!
Thank you

[EUsmileWEallsmile]

Hello, my husband is an Australian with a Greek passport and I am Australian.

We applied for an EEA Family Permit in Athens in September 2013. Our application was then sent to Serbia for processing. Two weeks later it was refused on the grounds that we did not prove that our marriage was not one of convenience.

We believe this was because my husband received his Greek passport in September and because we had only been married for 6 months - we married in March 2013.

We immediately appealed this decision and sent nearly 100 pages of bills, photos, wedding receipts etc showing we had been together for 2 years - including living and travelling together.

The office in Serbia was given until 14 January to respond to our appeal. Today I have received a letter from the First Tier Tribunal saying that they have not received a response and that the appeal will be heard on or after March 13.

My question is how can the Serbian office not respond? They were given three months to assess our documents. Why should we be punished and have to wait another two months for the matter to go to the tribunal.

Does anyone know if Serbia can still respond and deal with our appeal before March 13?

Any advice much appreciated!
Thank you

The original decision as related above is outrageous. Decision makers can, where they have strong suspicion to believe that a marriage is not genuine, conduct further enquiries. It is up to the applicant to demonstrate that they are married, that's it.

I am not familiar with the appeals process, but I suspect that it is not a quick way of getting a decision taken.

Luckily, you are not a visa national. You can move directly to the UK without a visa. When in the UK your husband needs to exercise treaty rights within three months (worker, self-sufficient person or student). As long as he does this, your stay in the UK will be legal. You can if you wish apply for a residence card and it is advisable to do so.

You should continue to pursue your appeal.

[Sally3134]

Thanks, it has been a frustrating process to say the least!

If someone had bothered to contact us when we originally applied we could have provided them with all the evidence they needed within an hour. In hindsight we should have reapplied instead of appealing however we didn't know at the time that this was an option.

We have been living in London for 3 months and my husband is working so I will send the Tribunal evidence of his contract and pay slips.

I just don't understand how the Serbian office can have 3 months to assess our appeal documents and not even respond.

[EUsmileWEallsmile]

So then, you are in the UK?

[Sally3134]

Yes we came to the UK despite the refusal. The job prospects aren't exactly great in Greece and I only have a limited understanding of the language. I am currently here on a 6 month tourist visa.

One of the main reasons for our move here is my husband has cystic fibrosis. He is participating in a treatment here in London that is not available in Australia.

We travelled to Europe last year on our honeymoon then spent two months in Greece seeing my husband's family and trying to arrange his Greek passport and my UK visa. Our plan was to then move to London for 12 months to work and travel and for my husband to receive treatment.

[EUsmileWEallsmile]

OK, it would have been better if you'd clarified that you were in the UK from the outset. No problem, it is clear now.

In order for him to be considered to be legally resident in the UK, he requires to show that he is a worker, a student or self-sufficient person. If the latter two, he will require sickness insurance for himself and his family members and not be a burden on the social support system of the UK. If he satisfies this, then he is entitled to have his family members reside with him.

It is possible for you to provide the sufficient resources, but sickness insurance will still be required.

His illness may complicate matters for you.

What does he do in the UK?

[Jambo]

If you are already in the UK, why do you care about an appeal for Entry Clearance? It is not relevant anymore. As you are already in the UK, you should apply for a 5 years Residence Card using form EEA2.

[Sally3134]

That is why I have come to this forum for help. I am not a visa expert and have been told different things by different people.

We spoke with a company that assists with visas back in October and they didn't mention anything about a form EEA2. Will this enable me to work? Does it matter that we have an appeal pending?

My husband manages a cafe. He works full time for a company, 50+ hours per week.

He is not a burden on the health system. The drug he is taking is very new and is currently only available to a small number of people with a specific gene mutation. His participation in the program will help better and more widely accessible drugs be developed.

[Jambo]

Apply for a 5 years Residence Card using form EEA2. See more details here - http://www.ukba.homeoffice.gov.uk/eucit ... /applying/

The application can take upto 6 months but a few weeks after you apply you should get a confirmation of the application which will allow you to work until a decision is made. The appeal will not affect the application.

The application is simple - proof of your husband work (payslips or contract), your passports, marriage certificate, photos and £55 fee.

[Sally3134]

Thanks for that information. I have just had a call from the British Embassy in Athens that they are overturning our visa refusal.

We now just have to decide if we go back to Athens to get the EEA Family Permit or apply for the residence card.

[noluck]

OK, it would have been better if you'd clarified that you were in the UK from the outset. No problem, it is clear now.

In order for him to be considered to be legally resident in the UK, he requires to show that he is a worker, a student or self-sufficient person. If the latter two, he will require sickness insurance for himself and his family members and not be a burden on the social support system of the UK. If he satisfies this, then he is entitled to have his family members reside with him.

It is possible for you to provide the sufficient resources, but sickness insurance will still be required.

His illness may complicate matters for you.

What does he do in the UK?

What about sickness insurance, has it required for period before June 2011.

[Jambo]

Thanks for that information. I have just had a call from the British Embassy in Athens that they are overturning our visa refusal.

We now just have to decide if we go back to Athens to get the EEA Family Permit or apply for the residence card.

Did you tell them you are already in the UK?

Sounds silly to spend money on travel to get something you don't really need now.

[Jambo]

What about sickness insurance, has it required for period before June 2011.

The EEA national in question is a worker. He doesn't need insurance.

[Sally3134]

I told them we are in the UK and they suggested contacting the Home Office to apply for leave to remain.

At least if I go to Athens I will have a visa within the week and I can start working again immediately

[Jambo]

You can start working now regardless. Under EEA Regulations, rights for EEA nationals and thier family memeber are obtained automatically. You don't need a permission from the HO or a visa to work in the UK. You might need some proof to show an employer but having such a proof is not mandatory.

You can either start working without documentation, fly to Athenes and return with a EEA FP, apply for RC within the UK and wait for CoA which will confirm you right to work (several weeks), or cross the channel to France and re-enter as a spouse of EEA national (getting a stamp Code 1A in the passport that serves as proof of eligibility to work). The choice is yours.

[fasi2530]

Hello Everone

I applied for my EEA-FP and I got my passport today and my visa is refused. can any one please guide me is that good to appeal or make new application as appeal takes too much time where new application is free of cost and will take on 15 working days.

please reply

many thanks

Fasi