UK Family Permit

[Jellybean105]

My husband was granted a UK family permit which is valid till April. We had mentioned travel in November but we never got round to actually going to the UK. We now want to re-apply for a permit as we need it for longer than April. Do you think not using the 1st permit will be a problem?
I emailed to ask UKBA if he can re-apply and they said he can apply as long as it is a max 3 months in advance. The 1st one will then be cancelled.

[dalebutt]

You really are playing with the devil, they could easily refuse just as they had previously approved, people can be really funny, I knew your story, what you went through to actually be where you are right now, talk about laugh out Loud. I hope it goes well, it surely doesn't come without a bit of risk. Good luck.

[Jellybean105]

I've made a new year resolution that if I can get back to the UK and live peacefully with my husband, I will try and help others do the same!!

What if we go to the UK now, then return and apply for a permit? It would be okay then, right?

[dalebutt]

It is not about using the family permit, thank God you live next door, if you get refused it's only a matter of getting on a ferry, bus or even flight, there have been different members on here, some have been issued family permit up to 2 times, they got refused on the 3rd application, HO can't be predicted. Like I said next door things, won't hurt too much.

[Jellybean105]

Thank you for the reassurance. I guess we will need to do that if we do get rejected. Normally, from what I have heard about normal visit visas is HO don't like it when they grant it and you don't use it.
I'm hoping that if we at least use it, they can't hold it against us. The reason for it was to visit the UK, not to return so it would make sense to re apply but I hope they see it that way!

Lets see what happens.

[Jellybean105]

If the UK allows EEA applicants to leave the country while their application is pending, then shouldn't they have some sort of re-entry visa? I really don't want to risk re applying now after hearing about so many refusals. If my husband applies for a resident card as soon as he reaches the UK and doesn't get his decision before we leave for travel then what can he do??

I guess we could go back to Ireland and take the ferry back to the UK? If they cause any problems we can show the pending decision?

[dalebutt]

When you apply for EEA2 you can request for the return of your passports, he is allowed to travel, but the problem is, which I cannot confirm whether he will be granted a 1A except if your travel will be within the CTA, then shouldn't be a problem, if your husbands has been issued Irish residence card then definitely he will be allowed entry regardless.

[Jellybean105]

We want to travel overseas which is the problem, so on return he won't be able to enter the UK. I was think of writing to them and asking if they can give us the decision ASAP or if they can give him a code 1A or some sort of extension or re-entry to allow him back into the country without having to go back to Ireland.

Do you think its possible?

[dalebutt]

It is impossible to give him re-entry visa, the UK doesn't practise such, if you really need to be out of the CTA you might consider another family permit, it is risky as you are already aware, but if it does get refused, you might just want to forget about travelling outside of the CTA as that will jeopardise his chances of being granted code 1A.

[Directive/2004/38/EC]

My husband was granted a UK family permit which is valid till April. We had mentioned travel in November but we never got round to actually going to the UK. We now want to re-apply for a permit as we need it for longer than April. Do you think not using the 1st permit will be a problem?
I emailed to ask UKBA if he can re-apply and they said he can apply as long as it is a max 3 months in advance. The 1st one will then be cancelled.

It is unclear what you want to do. Are you trying to live in the UK starting immediately? But then leave for travel? Why not just move to the UK when the time is right?

[Jellybean105]

Basically, I have had a really long battle with my husbands student visa extension, then his appeals and then applying for spouse in the UK having just missed the new July rules. We then decided to move to Ireland and now we would just like to return (I've had just about enough and I'd like to just settle down properly). I would have returned earlier but my husband insisted with get the Ireland resident card.

We want to travel in April for my brother in laws wedding and also we haven't spent much time with his family, so I'm just trying to figure out the best way to make it work because with the new rules I don't want to re-apply and be stuck again

I know I have asked so many random and confusing questions but I'm just trying to find out whats possible to do, not trying to mess anyone around. Thank you for all your help!

[SouthWest1]

Hi,
i am not here to advise on the situation but to say; based on my experience with UKBA; and i think a lot of members here would agree is that, you need to arrange your life, plans...etc according to UKBA timeline and requirements and not the other way around.
this may sound harsh but unfortunately it is the a fact.
Hope all will go well with your husband's application.

[Directive/2004/38/EC]

Where will you be travelling to for the wedding?

[Directive/2004/38/EC]

i am not here to advise on the situation but to say; based on my experience with UKBA; and i think a lot of members here would agree is that, you need to arrange your life, plans...etc according to UKBA timeline and requirements and not the other way around.
this may sound harsh but unfortunately it is the a fact.

In many cases this is not required. For instance if you are the non-EU spouse of a German.

But the new SS rules in the UK increase the uncertainty. And caution might be in order.

[Jellybean105]

I understand that Southwest, it just sucks to have to bow down to them all the time. Its just not fair, especially when you try and fulfil their requirements and suddenly they go and change them when and how they want to.

Directive/2004/38/EC: The wedding is in Pakistan. We are going back to the UK via the SS route.

[SouthWest1]

As Directive/2004/38/EC wrote , SS route becomes more tricky and hence the uncertainty comes from as UKBA can come up with heaps of reasons/excuses for refusal.
no one here is trying to say that re-applying might end up with a refusal.you basically need to weight the cons and pros of your decision and see what's better for you both.

[Jellybean105]

I emailed EuropeanOperational@homeoffice.gsi.gov.uk asking if my application would be taken under the old rules.

Thank you for your enquiry about the new ‘Surinder Singh’ rules in regulation 9 of the Immigration (European Economic Area) Regulations 2006 (as amended).

The new requirements came into force on 1st January, following amendment by paragraph 5 of Schedule 1 to the Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013: http://www.legislation.gov.uk/uksi/2013 ... tents/made.

The new requirements are subject to the transitional provisions contained in paragraph 2 of Schedule 3 to the above regulations. These provide that a family member of a British citizen who has exercised free movement rights as a worker or self-employed person in another EEA state may continue to benefit under the version of regulation 9 in force before 1st January in certain circumstances. These include where, on 1st January 2014, the family member already had a right to reside under the previous legislation or held a valid EEA family permit, registration certificate, or residence card issued on that basis.

However, paragraph 2(4) of Schedule 3 outlines the circumstances in which a person benefiting from the transitional provisions will cease to benefit under those provisions. These include where the holder of an EEA family permit does not enter the UK within six months of the date the permit was issued (para 2(4)(a)).

Applying this to your husband’s case, if he is not admitted to the UK before his current EEA family permit expires, he will not benefit from the transitional provisions and any application for a new EEA family permit or residence card would therefore be subject to the new requirements of regulation 9.

I'm so glad I asked! I think we will return to Ireland after our trip and re-apply for another permit and just visit the UK for now.

[Directive/2004/38/EC]

You can come to the UK and immediately apply for a RC. As part of the application you can ask for your passport back, and then use it to travel.

If I were you, I would definitely consider do this. And then you can travel with wild abandon.

[Jellybean105]

Thats a good idea Directive/2004/38/EC. We will see how much time we have. How quickly can they return the passports if we request it with our application?
(sorry what do you mean by wild abandon?)

[Directive/2004/38/EC]

"travel with wild abandon" is the same as saying "travel a lot"

[Jellybean105]

So, to use the UK permit my husband and I have come to the UK. When entering the UK, there was no immigration control whatsoever so we went and asked someone if we could get an entry stamp (to prove we came into the country). The security guard insisted we didn't have to get an entry stamp and also called immigration who said the same.

So what was the point?! How do we prove we used the UK permit? Just by our tickets and boarding passes?

[fasi2530]

Hello Everyone,

I got my application today and I got refusal. very strange decision I found on letter. I shared this decision to a lawyer and he said that this decision is not justifiable. last time they refuse saying that my marriage is "Marriage of a Convenience" today the decision is strange. I don't know much about EU rules according to this decision can any body lighten there experience and guide me what to do next and what supporting documents should I submit with the next application.

this is the decision as it is written as I got on paper even full stop and capital letters are same as written in the letter.

Notice of Immigration Decision

You have indicated that you have completed a marriage contract with your spouse, who also has Italian nationality, on 10th May 2014 in Karachi in Pakistan. You now wish to travel with or join your spouse in the UK. You have provided bank statements and residency permits for your spouse showing that she is normally and ordinarily resident in the USA and has been for a considerable number of years. There is no evidence or information provided now to show that your spouse has ever in the UK, utilising her Italian nationality, or that she has made satisfactory arrangements to do so now.

In view of all this I am not satisfied that I am, therefore, not satisfied that your EEA national family member is residing in the UK in accordance with regulation 6 of the immigration (European Economic Area) Regulations 2006, or that she will be accompanying you to the UK within 6 months of the date of the application, in accordance with Regulation 12(a) of the immigration (European Economic Area) Regulations 2006.
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.
I have also considered whether your application raises any exceptional circumstances which, consistent with the right to respect for family life contain in Article 8 of the European Convention on Human Rights, warrant consideration by the Secretary of State of a grant of entry clearance to come to the United Kingdom outside the requirements of the Immigration Rules. I am satisfied that it does not, as know circumstances that could be seen to be exceptional have been identified or put forward now. In any event I note that family life can be maintained by visits, utilizing third countries if considered necessary and is a qualified right balanced against the need to maintain effective immigration and border control. Your application does not fall for the grant of entry clearance outside the Rules.


many thanks

regards

fasi