Refusal of EEA Family Permit

[Sophia32]

Hello everyone,

I'm really upset for the result of my EEA Family Permit today. I need to do the internship in England for 6 months so I applied for an EEA Family Permit. And it was successfully approved for the first time but it is valid until the 28th of August. It doesn't work out for me as my internship will end up in November. Therefore I applied for the second time while mentioning the date of entering and leaving. Anyway, they refused my application with this message :

"I am therefore not satisfied that your spouse is residing in the UK in accordance with the EEA Regulations.
You have failed to provide evidence that your EEA national family member is a qualified person in accordance with Regulation 6 of the Immigration (European Economic Area) Regulations 2006. I am, therefore, not satisfied that your EEA national family member is residing in the UK in accordance with the Immigration (European Economic Area) Regulations 2006."

For the information about me, I am originally from Thailand and my spouse is French. We live together in France. My spouse works in Africa for 5 weeks and later he will be on holidays for 5 weeks as well. The internship will last for 6 months and my spouse will spend his time with me for 3 months in UK. For the first entry, he will also come with me and stay with me for 1 month. Each holidays, he will join me in UK and he will also be there in the last month of my internship. We will go back to France together.

I would like to know that how come the first EEA is approved but not the second one ?
And what can I do next ?
Anyone could give me some advices ?
I am really so tensed because this internship is very important for my studies

Thank you in advance.

[Lucapooka]

He works for british company in Africa but he will join to stay with me in England as well during my internship.

You need to join him in the UK rather than he join you; or at least show that you will be entering together. You can't enter ahead of him. As it stands there is nothing to suggest that your partner will ever enter the UK and they are unlikely to issue you an EEA Permit with that matter outstanding.

[Obie]

In regards to the reference to your spouse not being a qualified person, that is wrong.
There is no need for him to be a qualified person, if he had not already spent 3 months in the UK.

Had they refused, on the basis that they are not satisfied you will be accompanying or joining your partner, that might have been correct.

[Sophia32]

Actually my spouse works in Africa for 5 weeks and later he will be on holidays for 5 weeks as well. The internship will last for 6 months and my spouse will spend his time with me for 3 months in UK. For the first entry, he will also come with me and stay with me for 1 month. Each holidays, he will join me in UK and he will also be there in the last month of my internship. We will go back to France together.

[EUsmileWEallsmile]

What you propose should be possible, but you would need to meet the following conditions...

Unless spouse works in the UK, they would need to have sufficient resources and comprehensive sickness insurance for themselves and any family members (example you). They can be absent from the UK for up to six months per year and still be considered a resident.

If they comply with the above, they can have their family members with them. The family member can work.

[Sophia32]

What you propose should be possible, but you would need to meet the following conditions...

Unless spouse works in the UK, they would need to have sufficient resources and comprehensive sickness insurance for themselves and any family members (example you). They can be absent from the UK for up to six months per year and still be considered a resident.

If they comply with the above, they can have their family members with them. The family member can work.

Thank you for your advice

My spouse has enough sufficient resources. We also enclose a document of insurance which will cover me during my internship in UK.

[EUsmileWEallsmile]

I not sure if this is what you included in your "failed" application or what you propose to include in a subsequent one.

Having received your original family permit, you could have used that to enter the UK and apply for a residence card having moved there.

[Lucapooka]

You question seemed to be with regard to initial entry with your partner rather than your entry in circumstances where a EU national who has been in the UK for more than three months. My response was with regard to initial entry of the EU national.

[Sophia32]

As it mentioned in the letter that I have a right to appeal, my questions are :

1. Is it recommended to do that ? And how long the processing time will take?

2. Or is it better to apply for an EEA Family Permit again in May 2013 ?

[Lucapooka]

Apply when you are ready and can met the conditions that are asked. The first three months (therefore initial entry of your partner) don't require him to be exercising treaty rights but it must be clear that he actually intends to enter the UK with you, or ahead of you, rather than after you or perhaps not at all. From what you have posted, that seems to be the real issue with the application.

[Sophia32]

Apply when you are ready and can met the conditions that are asked. The first three months (therefore initial entry of your partner) don't require him to be exercising treaty rights but it must be clear that he actually intends to enter the UK with you, or ahead of you, rather than after you or perhaps not at all. From what you have posted, that seems to be the real issue with the application.

my internship begins on May 20. I'm going to enter the United Kingdom on May 19 with my spouse and he'll stay with me during one month in UK. My visa is valid until August 28. My internship ends on November 15.
Either I appeal hoping for a positive response before 19 May, or i apply for an EEA Family Permit again in May 2013.
Do you think there is another solution ?

[EUsmileWEallsmile]

Was the previous visa cancelled?

The family permit is simply an entry visa. You use it for entry. Once in the UK, you can apply for a residence card.

Your EU national family member must intend to live in the UK within the terms of the directive.

[Sophia32]

Was the previous visa cancelled?

The family permit is simply an entry visa. You use it for entry. Once in the UK, you can apply for a residence card.

Your EU national family member must intend to live in the UK within the terms of the directive.

The first visa was not canceled. But the family permit is valid only for 6 months and on my family permit the date are 28/02 to 28/08/2013 and i'll go in UK only on may until 15 november.
My spouse'll live in the UK with me when he'll be on holidays.
Do you think that a good idea to apply for a residence card only for a few month to finish my internship ?
How long the processing time will take for the residence card ? After 28/08, i cannot stay in UK if i don't find a solution

[EUsmileWEallsmile]

You misunderstood the purpose of the entry visa. It is for entry. Expiry of the visa does not mean that the person must leave. The UK did not make the application of a residence card mandatory, but it would make life simpler for the holder if they applied.

An application for a residence card can take up to six months.

Your right to reside in the UK would stem from the activities of your spouse (this was discussed in one of the posts above).

[Sophia32]

You misunderstood the purpose of the entry visa. It is for entry. Expiry of the visa does not mean that the person must leave. The UK did not make the application of a residence card mandatory, but it would make life simpler for the holder if they applied.

An application for a residence card can take up to six months.

Your right to reside in the UK would stem from the activities of your spouse (this was discussed in one of the posts above).

the answer of Worldbridge services was :
"Dear Sir or Madam,

Thank you for contacting WorldBridge Service, The UK Border Agency's Commercial Partner. We appreciate your patience regarding the response to your enquiry, as WorldBridge strives to provide the most accurate responses to all enquiries. Below you will find the response to that enquiry.

Please be informed that if your Visa is valid from the 28th of February 2013 till the 28th of August 2013 than you can enter the UK the first time on the 28th of February and you will need to leave the UK on the 28th of August 2013. "

It seems obvious that it's impossible for me to enter to UK in May and overstay after 28th august

[EUsmileWEallsmile]

It would not be the first time that incorrect information was given out.

[EUsmileWEallsmile]

Start by reading this section

http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/

[Sophia32]

Start by reading this section

http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/

Thank you for this information.
I am thinking of reapply an EEA Family Permit. I would appreciate if you can recommend me what kind of useful documents I should add for this time.

[EUsmileWEallsmile]

You may find that reapplying could lead to another refusal. Is the permit you hold not still valid?

If you travel with your husband, you are unlikely to encounter problems entering the UK if the permit has not been cancelled.

[Sophia32]

You may find that reapplying could lead to another refusal. Is the permit you hold not still valid?

If you travel with your husband, you are unlikely to encounter problems entering the UK if the permit has not been cancelled.

And how can I know that it hasn't been cancelled yet ?
Eventhough I can enter to the UK, I can't stay for 6 months because this visa will expire on 28th of august.

[Jambo]

You fail to understand the basics. The rules for family members of EU citizens are different from standard visa rules you might be familiar with. You can stay in the UK (and work) even with an expired visa (or no visa at all). This is because you are married to a French national who is exercising treaty rights. So as long as your wife lives in the UK (she is allowed to travel abroad), you are allowed to stay in the UK.

As long as there is no "void" stamp or a big X on the current EEA Family Permit, I would imagine it is still valid.

[EUsmileWEallsmile]

I would concur with Jambo. The family permit is an entry visa. Its expiry does not mean that you must leave.

Once in the UK you can (if you choose) apply for a residence card. This is recommended as you could be inconvenienced without one.

[Pablito]

I would add something else here, I think many people fail with their applications for visa because they answer all questions asked too earnestly, and indeed those questions ought not to be asked in the first place.

You do not need to tell them that you will stay longer than 3 months, because they like to use it as a pretext to refusing applications on grounds of not exercising treaty rights. They either deliberately or for some other reasons conclude that your plans to stay longer than 3 months presume your husband to need to be qualified on entry.