REFUSAL OF EEA FAMILY PERMIT

[rubencol88]

Hi there!! Some one can help me up please??. I just got refuse of EEA FAMILY PERMIT, I’m not an EEA but my wife does in fact I’m Colombian which make things I bit difficult about visas, however I got my residence in Slovakia which allowed me to apply to this EEA family permit.
I applied, brought all the documents and proofs they ask, all in order, however, they argue that i have not provided any evidence that my sponsor is in the United Kingdom or that arrangements have been made for your travel to the United Kingdom accompanied by your sponsor. well about this proof, I wrote a letter signed by her. Exactly like this:

I (Wife’s Name), born (Her Birth day) hereby declare that I will accompany my husband (My Name), born (My Birth Day) on our travel to and from the United Kingdom

Now I wondering what the letter should say, should I write more, and if I have to show them another proof, that she is going with me within the six months?
Fallowing the uk immigration letter;
________________________________________________
NOTICE OF IMMIGRATION DECISION
In compliance with the Immigration (Notices) Regulations 2003 made under section 105 of the Nationality, Immigration and Asylum Act 2002
REFUSAL OF EEA FAMILY PERMIT
Post reference: Warsaw \ 14356 To My Name Date of Birth: XXXXX Nationality: Colombia
Your Application
You have applied for admission to the United Kingdom by virtue of European Community Law as the family member of a European Economic Area national who is exercising, or wishes to exercise rights of free movement under the Treaty of Rome in the United Kingdom.
The Decision
You have stated that the purpose of your application is to work in the United Kingdom. You are married to an EEA national. However, you have not provided any evidence that your sponsor is in the United Kingdom exercising her Treaty rights or that arrangements have been made for your travel to the United Kingdom accompanied by your sponsor. I am not therefore satisfied that your EEA national family member is residing in the UK, or will be accompanying you to the UK within six 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.
________________________________________________
If some one had the same experience, or know the answer I’ll be thankful

[Directive/2004/38/EC]

The letter needs to come from the EEA citizen saying "My name is Lisa Madura and I am a citizen of Spain. I will be travelling with my husband Jose Madura to the UK. I understand that he requires an EEA Family Permit, but that it must be issued on a priority basis. We have enclosed our marriage certificate".

Do not answer any question on the application about how much you make, or your spouse makes, or where you work, or your assets, or your detailed plans in the UK.

[Pablito]

I think the obvious mistake is that it shouldn't be non-EEA national to declare in a letter , but EEA national. In my opinion you should re-apply with the same details as before but this time the letter should come from EEA spouse. I would personally provide the same details as you did before and whatever proofs you attached to your application, so that your application is coherent with the previous one with this one sole correction. Perhaps somehow you could mention in your application or in declaration letter that you are addressing previous refusal issue. This way maybe they won't create new problems.

[EUsmileWEallsmile]

Ruben

Please continue your questions here. People have answered your question here, do you have more questions?

[rubencol88]

Ruben

Please continue your questions here. People have answered your question here, do you have more questions?

Hi Directive/2004/38/EC, and Pablito. Thanks so much for reply my question.
well this tuesday i have an appointment in the english embassy in Vienna again. by now i think the letter is alright, is my wife who is declaring and signing. what i missed, was proofs, that she is going with me.
at this time as proofs we are attaching one course for my wife who is the eea, of dental nursing which starts in march and she would like to enrol, this is a print from internet, we haven't made any enrolment neither pay anything yet, also some web sites prints of positions available in UK, and one letter of recommendation from her last job in Australia, which was as a dental nurse.
You guys think these proofs are ok, as we are applying as job seekers, or which proofs should we show them
Thanks so much for your help

[EUsmileWEallsmile]

If your wife is not in the UK, the only proof you need is a letter from her stating that she will accompany you to the UK.

For her first three months, she does not have to fulfill any conditions (other than hold a valid passport or ID card). After three months she needs to be a worker, student or self-sufficient person.

[rubencol88]

JUST TO SAY THANKYOU FOR THE ADVISES COS I GOT GRANTED MY EEA FP AFTER THE FIRST refusal, in the second try i got it.
For someone who this information can help, As i said in the topic of this forum, i got refusal because i didn't proof that i was going with my wife "the EEA"which was bullshit, because she wrote the confirmation letter which is the proof they ask. so what i did in the second application sent same documents, and in the online application wrote the same as before, just at the end of the application wrote an extra information, which was the next: according with my last refusal application i attached the confirmation letter wrote for my wife, the EEA, also some websites prints of some London jobs. well after this i got my visa.

[scorpio1]

thats good news,
just wondering what documents you submitted at this stage?
especially what you stated in finances questions?

thanks

[EUsmileWEallsmile]

Good for you, rubencol88.

[Bubo]

Hello,

I'm a citizen of Slovakia finishing my studies in the UK. My wife is Brazilian and we have been married for 15 months and have 18-years old daughter. We have been living in Slovakia for the last 10 months but wish to move to the UK so I can finish my studies. My wife applied for the EEA family permit at the end of October but got it refused. Could you please help what to do?

The immigration decision states only this without giving any further details:

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 Regulations 2006.

As I have learnt only recently we could have travelled to the UK and receive the permit at the UK border. In addition, my wife as a Brazilian citizen does not need visa to enter the UK as a tourist. What would you advise us to do? Should we appeal or just decide to travel to the UK without receiving EEA family permit prior to our travel? We worry a bit because of our daughter and the necessary accommodation arrangements to be done before traveling to the UK.

Thank you

[tobieoud89]

I had the same thing as Ruben with my family permit! I needed to proof my intent of traveling to the UK. I just wrote a reconsideration e-mail and the embassy admitted that they have made an error. Got the FP now.

I think they might have gotten some additional training on how to refuse application. Refuse it for this reason, then approve it if people apply again. I think there is a whole lot of people who give up after their first application is refused....Cuts down on immigration.

[fasi2530]

I had the same thing as Ruben with my family permit! I needed to proof my intent of traveling to the UK. I just wrote a reconsideration e-mail and the embassy admitted that they have made an error. Got the FP now.

I think they might have gotten some additional training on how to refuse application. Refuse it for this reason, then approve it if people apply again. I think there is a whole lot of people who give up after their first application is refused....Cuts down on immigration.

Hello Tobie

I hope you are doing well.

I have the same issue with my Family Permit and it refused 2nd time with the same reason which you have. I have applied 3rd time and will take my passport tomorrow. I just wanted to get information how you contact to embassy for reconsidering email. if you have any idea please advice me.

many thanks


regards

fasi