CAN ECO REFUSE EEA FP ON PREVIOUS IMMIGRATION HISTORY

[lencruz]

Maybe ask the MP to query UKBA about what is the maximum time they will take to process the EEA Family Permit. Explain that you understand it should be processed on a priority basis, and that it has already been more than 5 weeks.

I would also ask if there is a reason that this particular application is taking so long?

Just cant believe this I complained to European commission abt my situation they replied me back saying complain to national ombudsman UK I checked ombudsman website got their number phoned them they told me to complain to my local MP my complain should come from my local MP than I met my MP he told me he can't do much about it because UKBA is always like tht it's not only me this days they do it to everyone anyway he took my complain he was typing on his laptop whatever I was saying but don't no whether he is going email UKBA or not he didn't even give me much time to ask him like what he is going to do I am very disappointed now only option I have is complain UKBA UK but unfortunately I m not getting their right email id

Any sugesstions or comments this waiting is killing me tried everything complained to MP, complained on this id visaenquiries@fco.gov.uk and complained to European commission nothing happening Now what should I do Please reply guys

Any sugesstions I will appreciate

[lencruz]

Can ECO applie UK immigration law to decide EEA FP or only EEA LAW or both
Are UK immigration law relevant to decide to EEA FP please reply some one

[EUsmileWEallsmile]

Can ECO applie UK immigration law to decide EEA FP or only EEA LAW or both
Are UK immigration law relevant to decide to EEA FP please reply some one

For direct family members, in general, EU law only applies (the immigration rules are not relevant).

[lencruz]

Can ECO applie UK immigration law to decide EEA FP or only EEA LAW or both
Are UK immigration law relevant to decide to EEA FP please reply some one

For direct family members, in general, EU law only applies (the immigration rules are not relevant).

Eusmile,Jambo,Directive all Guru's and Moderators i have drafted some points to complain to director of visa section regarding delay in decision please read it and let me know if its ok or if i have to add or delete some thing,if add or delete something what it is.

IS this letter going to annoy them


As I understand it the legislation governing application for EEA family Permits is as follows:
http://www.ukba.homeoffice.gov.uk/eucit ... ly-permit/
http://www.ukba.homeoffice.gov.uk/polic ... /.../eun2/


Under EUN2.1 what is an EEA Family Permit?
An EEA family permit is a document that we issue to make it easier for non-EEA family members of EEA nationals to travel with their EEA national or to join them in the UK. EEA family permits are issued under the Immigration (European Economic Area) Regulations 2006 and not the Immigration Rules. The permit is issued ahead of a person's travel to the UK and is valid for six months and is free of charge.
As long as the non-EEA family member of an EEA national continues to meet the EEA Regulations they would not be considered as having 'overstayed' simply because the expiry date of their EEA family permit had passed.

Under EUN2.3 How quickly do I need to issue an EEA Family Permit?
Priority must be given to applications for EEA family permits. Wherever possible a decision should be made at the time it is lodged or after an interview is conducted.

However, the Regulations do not say that EEA family permits must be issued on the day that the application is made. The Directive does allow Member States to take reasonable measures to ensure that freedom of movement is not obtained by deception. Where you suspect a marriage of convenience or even 'sham' employment for the purpose of freedom of movement, further enquiries should be made and credibility may be tested. As long as delays are justifiable, applications can be tested until the ECO is fully satisfied
As I Understand EEA Regulations 2006 regulation 12
EEA Family Permit should be issue as soon as possible.

(I married on ------ it’s an arrange marriage with our consent its 4 years and -- months and we have a daughter together who is 3 years old so I don’t think ECO should consider it as marriage of convenience, I am working that means I am exercising treaty rights as worker my wife has submitted our marriage certificate, daughter’s birth certificate and my employer letter for ECO reference even though decision is delayed its 7 weeks now my wife applied so I don’t understand what this further enquiry is about is it related to my marriage or employment, because under EUN2.3 it has been very clearly said that further enquires should made if ECO suspect marriage of convenience or Sham employment I have submitted my marriage certificate and regarding my employment I have submitted letter from employer and I don’t think my employer will take so long to reply to UKBA.

Under EUN2.4 What are the requirements for issuing an EEA Family Permit?
In assessing an application from an EEA national's direct family member, the entry clearance officer (ECO) should be satisfied that:
the applicant is the family member of the EEA national (marriage certificate, birth certificate or other evidence of family link)
the EEA national is residing in the UK in accordance with the EEA Regulations (as qualified person (exercising treaty rights) if more than 3 months) and the non-EEA national is joining them; or the EEA national intends to travel to the UK within 6 months and will have a right to reside under the Regulations on arrival, and the non-EEA national will be accompanying or joining the EEA national; and
if applying as a spouse or civil partner, there are no grounds to consider that the marriage or civil partnership is one of convenience (see Annex ….); and
If applying as dependent family members (dependent children 21 and over and dependent relatives) they are dependent on the EEA national or the EEA national's spouse or civil partner; and
Neither the applicant nor the EEA national should be excluded from the UK on the grounds of public policy, public security or public health.

Under EUN2.10 What if I suspect a marriage/civil partnership of convenience
The definition of 'spouse' and 'civil partner' in the EEA Regulations does not include someone who has entered into a marriage / civil partnership of convenience.
When a marriage / civil partnership of convenience is suspected, the burden of proof is high and rests with the ECO. However, in these cases the ECO is entitled to interview the applicant. Factors to consider include:
an adverse immigration history;
doubts about the validity of documentation;
application follows soon after the marriage / civil partnership;
no previous evidence of the relationship.
The ECO should not consider the following cases as marriages / civil partnerships of convenience where:
there is a child of the relationship;
there is evidence to suggest cohabitation.

[EUsmileWEallsmile]

Personally, I would not "re-apply" or go into too much detail. I would simply be directing my complaint at the delay to processing.

The law says that priority must be given to family permits. It is interesting to note that the UKBA manage to issue "priority paid for" application under the immigration rules within 24 hours. I might be inclined to point this out.

[lencruz]

Personally, I would not "re-apply" or go into too much detail. I would simply be directing my complaint at the delay to processing.

The law says that priority must be given to family permits. It is interesting to note that the UKBA manage to issue "priority paid for" application under the immigration rules within 24 hours. I might be inclined to point this out.

Don't you think that will annoy them

[Directive/2004/38/EC]

Personally, I would not "re-apply" or go into too much detail. I would simply be directing my complaint at the delay to processing.

The law says that priority must be given to family permits. It is interesting to note that the UKBA manage to issue "priority paid for" application under the immigration rules within 24 hours. I might be inclined to point this out.

Don't you think that will annoy them

It might make them very happy since it is short and to the point. Easy to read! Quicker to understand. They finish and then go to lunch faster!

[lencruz]

The law says that priority must be given to family permits. It is interesting to note that the UKBA manage to issue "priority paid for" application under the immigration rules within 24 hours. I might be inclined to point this out.[/quote]

This is the reply i am getting always when i complain to director of visa section, why there is no one to question this ECO's they do whatever they want.


Thank you for your e-mail which, has been forwarded to our department for a reply.

Every application is subject to mandatory checks which have to be made before a decision can be taken. Most checks come back very quickly however some take far longer than anyone would like.

In your case the checks still have not been completed.

I also cannot give you details of what checks are being carried out.

I accept that our customer service target is 100% of cases completed within 12 weeks however on very rare occasions cases cannot be completed and this target is breached. Again this is regretted but unfortunately there is nothing that can be done until the results of the checks are received.

I am sorry I could not give you a more positive answer but thank you in advance for your continued patience.

Yours sincerely,

Casework Team

[lencruz]

The law says that priority must be given to family permits. It is interesting to note that the UKBA manage to issue "priority paid for" application under the immigration rules within 24 hours. I might be inclined to point this out.

This is the reply i am getting always when i complain to director of visa section, why there is no one to question this ECO's they do whatever they want.


Thank you for your e-mail which, has been forwarded to our department for a reply.

Every application is subject to mandatory checks which have to be made before a decision can be taken. Most checks come back very quickly however some take far longer than anyone would like.

In your case the checks still have not been completed.

I also cannot give you details of what checks are being carried out.

I accept that our customer service target is 100% of cases completed within 12 weeks however on very rare occasions cases cannot be completed and this target is breached. Again this is regretted but unfortunately there is nothing that can be done until the results of the checks are received.

I am sorry I could not give you a more positive answer but thank you in advance for your continued patience.

Yours sincerely,

Casework Team[/quote]

this shows that ECO considers EEA fp as settlement visa

[Directive/2004/38/EC]

Exactly where did you apply?

Exactly what did you say in the complaint?

[lencruz]

Exactly where did you apply?

Exactly what did you say in the complaint?

applied in bangalore vfs, i just mention eea law saying that further enquiry can be carried only when ECO thinks it might be marriage of convenience and sham employment and i dont think it will take so many days to enquire abt this.

do u have any better idea please post it i am thinking now what is this further enquiry are they checking my criminal records or if i am terrorist or have links with terrorist i dont understand what this further enquiry is or it just a reason to delay

[lencruz]

Exactly where did you apply?

Exactly what did you say in the complaint?

applied in bangalore vfs, i just mention eea law saying that further enquiry can be carried only when ECO thinks it might be marriage of convenience and sham employment and i dont think it will take so many days to enquire abt this.

do u have any better idea please post it i am thinking now what is this further enquiry are they checking my criminal records or if i am terrorist or have links with terrorist i dont understand what this further enquiry is or it just a reason to delay

i have also complain to solvit but didnt receive any reply from them

[lencruz]

Exactly where did you apply?

Exactly what did you say in the complaint?

applied in bangalore vfs, i just mention eea law saying that further enquiry can be carried only when ECO thinks it might be marriage of convenience and sham employment and i dont think it will take so many days to enquire abt this.

do u have any better idea please post it i am thinking now what is this further enquiry are they checking my criminal records or if i am terrorist or have links with terrorist i dont understand what this further enquiry is or it just a reason to delay

i have also complain to solvit but didnt receive any reply from them

Any comments or suggestions

[Directive/2004/38/EC]

Any comments or suggestions

My suggestion is to not do this again. If you want immediate attention then hire somebody who gives it to you.

applied in bangalore vfs, i just mention eea law saying that further enquiry can be carried only when ECO thinks it might be marriage of convenience and sham employment and i dont think it will take so many days to enquire abt this.

You earlier said you sent email to Mumbai office about your application and they replied. This says Bangalore. These are two very different parts of the network in India.

What exactly did you say? The part about "sham employment" is something I have never heard of, and it does not make sense. Do you have a link to the relevant quote on the UKBA web site?

[lencruz]

Any comments or suggestions

My suggestion is to not do this again. If you want immediate attention then hire somebody who gives it to you.

applied in bangalore vfs, i just mention eea law saying that further enquiry can be carried only when ECO thinks it might be marriage of convenience and sham employment and i dont think it will take so many days to enquire abt this.

You earlier said you sent email to Mumbai office about your application and they replied. This says Bangalore. These are two very different parts of the network in India.

What exactly did you say? The part about "sham employment" is something I have never heard of, and it does not make sense. Do you have a link to the relevant quote on the UKBA web site?

Applied in Bangalore, I email Mumbai just to check the how long does it take to process and I even email Delhi to director of visa.
I didn't understand what not to do again are you trying to say that I should hire a solicitor please explain
It's in EUN2.3 if ECO suspects marriage of convenience or sham employment he can make further enquires

[Directive/2004/38/EC]

If you look at the map that I provided you, applications from Bangalore get processed in Chennai. I am surprised they even answered your emails in the other cities.

As far as I understand, the EU citizen is not in the UK. Is that correct? If so the EU citizen's employment is 100% irrelevant.

[lencruz]

If you look at the map that I provided you, applications from Bangalore get processed in Chennai. I am surprised they even answered your emails in the other cities.

As far as I understand, the EU citizen is not in the UK. Is that correct? If so the EU citizen's employment is 100% irrelevant.

they didn't reply they forwarded my emails to Chennai BHC they replied.

EU citizen is in UK and working from last 3 months. Do u have any better idea or advice me what more i can do

[Directive/2004/38/EC]

I personally would email EuropeanOperational@homeoffice.gsi.gov.uk
I would copy the Chennai visa section.

You only get one chance to get the email right, so I would explain the situation very clearly and simply.

Explain that the visa section is not processing your visa application on a priority basis. Point out that paid-for priority visa applications are routinely processed more quickly. And ask for their help.

Explain that if you do not receive a direct and formal conformation that your visa application is being afforded "every facility", and the visa or a refusal is not issued quickly, you will complain to the European Commission.

[lencruz]

I personally would email EuropeanOperational@homeoffice.gsi.gov.uk
I would copy the Chennai visa section.

You only get one chance to get the email right, so I would explain the situation very clearly and simply.

Explain that the visa section is not processing your visa application on a priority basis. Point out that paid-for priority visa applications are routinely processed more quickly. And ask for their help.

Explain that if you do not receive a direct and formal conformation that your visa application is being afforded "every facility", and the visa or a refusal is not issued quickly, you will complain to the European Commission.

Thanks i will do that

[lencruz]

what it means by EEA fp application is deferred and what is difference between referrred and deferred

[lencruz]

i received a email saying application since it has been deferred for further enquires but these has been pursued and we will contact you as soon as all enquiries have been completed what that means is that they have chased my application and waiting for decision on checks from UKBA UK or from where ever they defer application or they have received decision on whatever checks are

[lencruz]

i received a email saying application since it has been deferred for further enquires but these has been pursued and we will contact you as soon as all enquiries have been completed what that means is that they have chased my application and waiting for decision on checks from UKBA UK or from where ever they defer application or they have received decision on whatever checks are

Any comments

[lencruz]

Can I Appel and resubmit the application for EEA FP at same time.

[lencruz]

Can I Appel and resubmit the application for EEA FP at same time.

any suggestions

[EUsmileWEallsmile]

Can I Appel and resubmit the application for EEA FP at same time.

any suggestions

Has your visa been refused? Have you received passports back? If not, then you can do neither.