Draw their attention to the UK Embassy down the road in Brussels...
Details as in the letter below I sent them this week:
Dear Sir/Madam,
May I draw your attention to an error on your website, which I am sure is unintentional.
In Regulation 12 of The Immigration (European Economic Area) Regulations 2006 are stated the requirements for the Issue of EEA family permit:
12. (1) An entry clearance officer must issue an EEA family
permit to a person who applies for one if the person
is a family member of an EEA national and -
(a) the EEA national -
(i) is residing in the UK in accordance with these
Regulations; or
(ii) will be travelling to the United Kingdom within six
months of the date of the application and will be
an EEA national residing in the United Kingdom in
accordance with these Regulations on arrival
in the United Kingdom; and
(b) the family member will be accompanying the EEA national
to the United Kingdom or joining him there and -
(i) is lawfully resident in an EEA State; or
(ii) would meet the requirements in the immigration rules (other
than those relating to entry clearance) for leave to enter
the United Kingdom as the family member of the EEA
national or, in the case of direct descendants or dependent
direct relatives in the ascending line of his spouse or his
civil partner, as the family member of his spouse or his
civil partner, were the EEA national or the spouse or civil
partner a person present and settled in the United Kingdom.
Note the use of the imperative "must". There is no discretion involved on the part of the ECO if the proof required by the Regulation is supplied.
However, on your website (at
http://www.britishembassy.gov.uk/servle ... 9200344869) after mentioning those documents sufficient to the needs of the regulation, the following additional list of documents required is given:
___________
Evidence of funds available: all bank statements for the last 3 months (original 3 months + copy of last month)
Proof of income:
- your Belgian work permit or professional card (original + copy)
- if employed: a recent letter from your employer confirming your current employment, stating when you started your job, whether you work part-time or full-time and confirming your holiday OR your 3 latest salary slips (originals + copies)
- if unemployed: a recent attestation from the Unemployment Office or from the CPAS/OCMW stating since when you are receiving benefits and how much you receive per month (originals + copies)
- if studying: a recent letter of enrolment for the current academic year giving full details of your course + proof of how you finance your studies: scholarship or sponsorship (prise en charge/tenlastenneming), proof of income and bank statements of the
person you are financially dependent from, etc. (originals + copies)
- if self-employed: business papers: registration from the company, Belgian statutes (MoniteurBelge), Invoices (2 or 3), evidence of business with the UK (if applicable), etc. (originals + copies)
If you are staying with relatives or friends in the UK: a letter of invitation (with envelope) and immigration status of your UK sponsors and any other document to support your application
- if British: a photocopy of the identity page of the passport
- if foreign: photocopies of all identity pages, page with visa to enter the UK and page giving present leave to remain in the UK
Invitation letters should be sent directly to the applicant and NOT to the British Embassy Brussels
Business people need to provide a letter from their company confirming that they need to travel to the United Kingdom for business purposes, as well as a letter or faxed invitation from the company in the United Kingdom (original + copy)
If you don't have an income: bring proof of income and bank statements from the person you are financially dependent from and proof of relationship (ie. marriage or birth certificate, ...etc). (originals + copies)
If someone is sponsoring your trip: bring copy of passport (or Id card), letter of sponsorship, proof of income and bank statements of your sponsor. (originals + copies)
You can submit any other document you think might be relevant to your application (proof of property, proof of assets, household composition, marriage and birth certificates, proof of previous employment, proof of previous studies, ...etc). (orignals + co
pies)
___________
This list is followed by the categorical statement: "The supporting documents referred to in this section constitute the minimum requirements for an EEA Family Permit"
As I am sure you are aware, this is an inaccurate statement. Whilst those extra documents might be needed for the "extensive examination of the personal circumstances of the applicant" of Extended Family Members (provided for in Regulation 12.3) they are deliberately not required for an application by a Family Member. Both categories are clearly defined in Regulations 7 and 8.
I would be grateful if you could amend your website so that it makes it clear that Family Members need not provide this extensive and intrusive list of extra documents and, if you decline to do so, a letter giving your reasons.
Many thanks for your attention,