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2011 EEA FP issue and rejection rates

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Directive/2004/38/EC
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2011 EEA FP issue and rejection rates

Post by Directive/2004/38/EC » Fri Apr 27, 2012 12:21 pm

UKBA has released EEA FP summary information for 2011 on the number of EEA FPs issued and refused. It is interesting to see. Overall 20% of applications are refused. Some of the large posts reject a lot of applications.

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The data is also available for you as an Excel speadsheet for you to explore.

Thank you http://www.whatdotheyknow.com !

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Post by Directive/2004/38/EC » Mon Apr 30, 2012 5:04 pm

I see very few refusals based on a marriage of convenience. I have never seen a refusal done on the basis of public policy, public security or public health. So what are these EEA FPs being rejected for?

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Post by Jambo » Mon Apr 30, 2012 5:29 pm

Maybe applying as OFM?

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Post by Jambo » Mon Apr 30, 2012 5:29 pm

Maybe applying as OFM?

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Post by flames » Mon Apr 30, 2012 5:38 pm

Directive/2004/38/EC wrote:I see very few refusals based on a marriage of convenience. I have never seen a refusal done on the basis of public policy, public security or public health. So what are these EEA FPs being rejected for?
Probabably ''technicalities'' on exercising of treaty rights.....

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Post by Directive/2004/38/EC » Mon Apr 30, 2012 5:39 pm

I do not know what percentage of EEA FP are applied for my direct family members vs. Other Family Members.

But let me guess. I see lots and lots of spouses of EU citizens here on boards. But I very rarely see OFMs. Some, but not many.

So maybe I guess that 5% of applications are OFMs? And that feels generous.

That is a far cry from the 20% rejection rate!

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Post by EUsmileWEallsmile » Wed May 02, 2012 10:37 pm

Directive/2004/38/EC wrote: That is a far cry from the 20% rejection rate!
page 41 of this may interest you regarding rejection rates.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

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Post by Directive/2004/38/EC » Thu May 03, 2012 12:15 am

Wonderful. So it is 20% in 2010 as well.

I love some of the slippery language.
Also in 2010, the UK Border Agency refused just under 20 per cent of EEA family permit applications overseas. Many refusals were on the basis that we were not satisfied that the family relationship was as claimed.

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Post by EUsmileWEallsmile » Thu May 03, 2012 9:43 pm

I enjoyed reading the language in 3.40 (page 42). It was very nice of the commission to issue guidance. It's rather a pity that some of the guidance does not appear to have been read.

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Post by EUsmileWEallsmile » Thu May 03, 2012 9:53 pm

Pages 70 and 71 have some more interesting statistics if one has the heart to keep reading...

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Post by Directive/2004/38/EC » Fri May 04, 2012 12:02 am

Kind colleagues, it is a pleasure that you point those extra pages out. I think I was sleepy when I first read the report!

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Post by ca.funke » Fri May 04, 2012 9:22 am

EUsmileWEallsmile wrote:Pages 70 and 71 have some more interesting statistics if one has the heart to keep reading...
Biggest joke on page 70/71 is that they show how many EEA-FPs were issued (indicating, albeit indirectly, that this is used for permanent settlement), and comparing this value to "family visit visas".

They "forget" to mention that EEA-FPs are free of charge, while "family visit visas" are payable...

So I wonder how many EEA-FPs are actually used "just" for visiting... I guess a lot of them!

What an incompetent bunch of bureaucrats. If you want the easiest processes made complicated, illegal and ineffective - no need to ask Brussels, the British HO will do just as well... :twisted:

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Post by eldane » Fri May 04, 2012 10:24 pm

EUsmileWEallsmile wrote:
Directive/2004/38/EC wrote: That is a far cry from the 20% rejection rate!
page 41 of this may interest you regarding rejection rates.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Just a heads up!
While I realise this is not directed at EEA applications I should advise the readers that the section on page 7 saying:
We also invite views on whether a similar provision to the attachment requirement which operates in Denmark (where a couple have to show that their combined attachment to Denmark is greater than that to any other country before being granted a visa or leave to remain based on their relationship) could support better integration of family migrants in the UK and provide an additional safeguard against sham or forced marriages.
That when such a change in the Danish immigration law were introduced it caused a huge influx in people being unable to bring their foreign spouse to Denmark. We are talking of a decrease of 75 percent on applications from before the law were more lax.

The attachment criterion in Denmark is that one must prove a larger attachment to Denmark. F.x if a 40 old man emigrated from Denmark at age 20 and want to return to Denmark; his wife has never been living in any other country than her own, say she is 30 years old, will end up in 20+30 years against the man's 20 years in Denmark i.e. the attachment is larger to the country of the wife. Hence they will be refused residence permit. This has had huge repercussions causing many people having to go living in Sweden for 3 months using Singh to return back to Denmark.
Good intentions are appreciated but results are what matters..

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Post by EUsmileWEallsmile » Fri May 04, 2012 10:28 pm

eldane wrote:This has had huge repercussions causing many people having to go living in Sweden for 3 months using Singh to return back to Denmark.
Thank goodness there are other options.

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Post by eldane » Fri May 04, 2012 11:10 pm

EUsmileWEallsmile wrote:
eldane wrote:This has had huge repercussions causing many people having to go living in Sweden for 3 months using Singh to return back to Denmark.
Thank goodness there are other options.
Yeah, but EUsmileWEallsmile it is not just so easy as you may think. As you know one have to demonstrate own dwelling and the usual conditions while living there in order to cry Singh!
Most Danes opted to go to Malmo on the other side of the Oresund strait (to understand this it may be helpful to watch the hugely popular Danish/Swedish crime/suspense TV series "The bridge" shown on BBC 4 on Saturdays. Iplayer has the first 4 episodes available / http://www.bbc.co.uk/iplayer/search?q=the%20bridge.) Malmo is a provincial town and has only so many flats/houses available to rent. Few can afford to buy a house/flat for that short time it takes to use Singh.
Next problem is that the many Danes with a third country national seeks to work in Denmark on the other side of the Oresund Strait. They are as per EU taxs rules obliged to pay tax in the country where they work however, as they live in Sweden they use Swedish public services incl medical services but the Swedes are receiving zilch to cover the expenses they incur from this.
This has cause huge objections amongst the Swedes calling for a stop of more Danish "ghettos" in Malmo.
Danes are rather disliked in Malmo and looked upon as if they are flies on a dog turd.
So while we have a Swedish paradise immigration wise it not all a dance on roses.
Good intentions are appreciated but results are what matters..

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Post by EUsmileWEallsmile » Fri May 04, 2012 11:18 pm

Denmark is a democracy. Perhaps it is time for people to persuade others that 3rd country family members are not a threat to Danish way of life.

Are you in the UK now? It would appear that you are in Glasgow.

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Post by eldane » Fri May 04, 2012 11:56 pm

Yeah, I am in Glasgow...Left Denmark for the very same changes in immigration laws almost 9 years ago.
EUsmileWEallsmile wrote:Perhaps it is time for people to persuade others that 3rd country family members are not a threat to Danish way of life.
LMFAO there is no way in hell the majority of Danes will ever see foreigners as anything else as a choice between the plague and Cholera.

In the post-September 11th atmosphere dominated by widespread islamophobia, the L-C coalition promised stricter controls and tougher policies, and an end to the lenient immigration policies and practices of the Social Democratic-Radical coalition.

After the 2001 election, a new Ministry for Refugees, Immigrants and Integration was formed, taking over tasks that had belonged to the Ministry for the Interior. The new minister assumed responsibility for the Aliens Act, the Integration Act (see below), statistics on foreigners, ethnic equality, naturalization, instruction in Danish language and civics, etc.

The L-C government soon presented a legislative "package" on immigration and integration to Parliament. Its principal purpose was to restrict the number of immigrants and refugees, to introduce tougher requirements on access to permanent residence and citizenship, to ensure the loyalty of newcomers to "Danish values," and to speed up the integration of immigrants, particularly women and young, second-generation males, into the labor market.

The proposals passed into law in the summer of 2002 due to DPP support. Since then, a large number of new policy statements, proposals, and initiatives have followed, including an agreement between the government and the DPP titled A New Chance for Everybody (2005).

Yet policies based on the idea that thorough integration and acculturation are necessary for guaranteeing the welfare state and its social cohesion were introduced well before the L-C government came to power. One of the most important pieces of legislation in that regard is the Integration Act of 1999.

Being the first of its kind in a Western country, the act assigned the main responsibility for integration to the municipalities. Previously, the Danish Refugee Aid organization had been responsible for an 18-month-long introduction program, with municipalities responsible for "activating" (i.e., putting immigrants to socially useful but unpaid work outside the ordinary job market) and housing refugees, and regional governments for language instruction. The government intended the Integration Act to improve the management and coordination of the integration process by uniting all its disparate elements under the same political authority.

In addition, the formal integration period was extended from 18 months to three years, during which refugees and immigrants over age 18 are expected to learn Danish; familiarize themselves with Danish history, culture and society; acquire skills and competences needed to find jobs; and generally participate in everyday life.

Family dependents, EU and Nordic citizens, and immigrants on the so-called Job Card Scheme (an initiative passed by the government in 2003 that allows companies to bring high-skilled workers to Denmark with little bureaucratic hassle) are not obliged to take part in the introduction program or to be "activated" for labor-market integration, but they may join the program, and many family dependents have done so.

On its introduction in 1999, the Integration Act became the object of intense public debate, partly because it contained a monthly integration allowance, which was considerably lower than the corresponding welfare benefits Danes receive in comparable social situations. The United Nations High Commissioner for Refugees (UNHCR), among others, found it to be a case of negative discrimination and unequal treatment of foreigners and thus a violation of international refugee conventions, to which Denmark is a signatory. After a few months, the government backed down and withdrew this section of the act.

However, when the L-C government took office, the reduced payment was reintroduced in a new form and under a new name ("start allowance" or "introductory allowance"), in extreme cases receivable for up to seven years. Conditions were phrased so that the law does not formally discriminate against ethnic minorities, since Danish citizens also risk being subjected to its provisions.

Nevertheless, there is no doubt that the law was motivated by the considerably higher unemployment rate among ethnic minorities and a belief that lower welfare benefits might work as an incentive to look for employment more actively.

The DPP made it clear that, in its perspective, the objective was also to reduce the attractiveness of Denmark for potential asylum seekers, in other words to minimize the alleged pull factor for would-be "welfare scroungers." And whether or not this or other initiatives introduced to curtail immigration were responsible, the number of asylum seekers over the last five years has dropped by nearly two-thirds.

The same kind of dual motivation also applies to other immigration policy compartments, including the "24-year rule" for family reunification introduced by the L-C government in 2003. The general rule is that no Danish citizen can marry a non-EU or Nordic foreign national and settle in Denmark with his/her spouse unless both parties are 24 years or older.

Even so, the Danish Integration Service has to screen and approve the spouse based on criteria such as "aggregate affiliation," a discretionary assessment by the Immigration Service on whether the couple has stronger ties to Denmark or to some other country; proper housing facilities, which the resident spouse must have at his or her disposal; and financial independence of government aid, based on an assessment of the financial circumstances of the resident spouse.

One unintended effect of the law has been that young, native Danes with foreign spouses have had to settle in other EU countries; most of them choose neighboring Sweden, which has no such restrictions.

The law, which had support from the Social Democrats, was supposedly meant to restrict forced marriages and protect ethnic minority women from family pressure. The DPP's support was based on the law's ability to restrict the number of foreigners entering Denmark.

Both the 24-year rule and reduced welfare benefits have been roundly criticized by the UN, the EU, and the Council of Europe for being discriminatory and making life more difficult for people who are already in a marginalized and vulnerable social position.

Source: http://www.migrationinformation.org/fea ... cfm?ID=485

See where UKBA got their ideas from for the consultation document?
Good intentions are appreciated but results are what matters..

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