EEA FP

syed28 · Post by **syed28** » Fri Nov 15, 2013 12:14 pm

A big than you to all who contribute to this great website!!!

Hello everyone... Guys I need some help here please I have made 3 applications for a eea fp and they refused me all the 3 times with following reasons...

1st. you submitted a copy of an email from a shop in London that states your wife works there and is on a holiday in India. However this is not sufficient to confirm that she is exercising treaty rights in the Uk. if she has been working there I would expect to see some evidence such as wage slips or her bank statements showing the receipt of wages from the shop. Similarly you should be able to provide evidence of her residential accommodation in the uk by submitting a tenancy or rental agreement. While i am satisfied that you are the spouse of an eea national, in the absence of satisfactory evidence i am not satisfied that your spouse is exercising treaty rights in the uk. this means that i am not satisfied that you meet all of requirements of regulation 12 of the immigration (EEA)Regulations 2006.

I therefore refuse you EEA family permit because i am not satisfied that you meet all of the requirements of regulation 12 of the immigration (EEA) regulation 2006.

After this I made a new application with rental agreement and my wife payslips. and they refused me again and following is the 2nd refusal letter....

2nd. You have applied for admission to the Uk By virtue of European community law as the family member of a European national who is exercising of wishes to exercise rights of free movement under the treaty of Rome in the united kingdom.

In assessing your individual application I have taken account

The financial and personal circumstances as declared by you on your application form,
Your passport and travel history
your family circumstances and
the supporting documents you provided.

Your previous application was refused as limited evidence was provided to show that your spouse is exercising treaty rights in the uk.
In your current application you have submitted a 12 month uk tenancy agreement dated 08/02/2013 in the name of your spouse. You also submitted a letter from your spouse dated 10/09/2013 in which she confirms she will be traveling with you back to the uk. she provided an Indian mobile number (airtel indicated that the number no longer existed when we called it) No evidence was submitted (Evidence recommended for submission in our last refusal letter) to indicate your spouse employment in the uk. It would appear on the above evidence that your spouse has been in India for some time this year, and the tenancy agreement may no longer be valid. there is no evidence of ongoing rent being paid to the landlord for example, or of any employment for your spouse to return to.

You had Previously applied when in the uk for a family permit however you were then unable to provide evidence that your spouse was exercising treaty rights in the uk. That remains the case in this application.

I therefore refuse your EEA family permit application because i am not satisfied that you meet all of the requirements of the regulation 12 of the immigration EEA Regulation 2006.

I would like to add that

The ECO have deliberately choose to ignore my wife payslips and said I did not submitted payslips as evidence of exercising treaty rights. and said You had Previously applied when in the uk for a family permit however you were then unable to provide evidence that your spouse was exercising treaty rights in the uk. yes its true Because at the time i didn't new how to prove that as i am doing the application by myself and not through the expensive solicitors. and this does not allow ECO to refuse my application on assumptions. this goes to show how legal people works Illegally.

After this I applied again for the 3rd time.
With my wife payslips and tenancy agreement. and a covering letter explaining because of their unreasonable refusal we had to delay going back to the UK and as a result my wife lost her job and we have to vacate our house in UK as we are no longer able to pay rent because of our pro longed stay in India. and I said that as my wife have lost her job and we have to move out of our house in UK we would like to apply now on the basis of my wife wishing to exercise her treaty rights in the UK as a job-seeker when we get to the UK Wrote my wife in the covering letter.... And they refused us a EEA FP again and following is the reason for it .......

3rd. You have applied for admission to the Uk By virtue of European community law as the family member of a European national who is exercising of wishes to exercise rights of free movement under the treaty of Rome in the united kingdom.

In assessing your individual application I have taken account

The financial and personal circumstances as declared by you on your application form,
Your passport and travel history
your family circumstances and
the supporting documents you provided.

since you have returned to India you applied for an EEA family permit twice and this is your 3rd application in your 2 subsequent and current applications you stated you wish(ed) to return to the uk as a spouse of eea national.

your first EEA fp was refused as limited evidence was submitted to show that your spouse was exercising treaty rights in the uk. you provided a copy of an email from a shop in London that states your wife works there and is on a holiday in India. No evidence was provided for uk accommodation. the visa officer was satisfied that you are the spouse of an eea national,but in the absence of evidence, was not satisfied that you meet all of requirements of regulation 12 of the immigration (EEA)Regulations 2006.

In your next application, you have submitted a 12 month uk tenancy agreement dated 08/02/2013 in the name of your spouse. You also submitted a letter from your spouse dated 10/09/2013 in which she confirms she will be traveling with you back to the uk. she provided an Indian mobile number (airtel indicated that the number no longer existed when we called it) No evidence was submitted (Evidence recommended for submission in our last refusal letter) to indicate your spouse employment in the uk. It would appear on the above evidence that your spouse has been in India for some time this year, and the tenancy agreement may no longer be valid. there is no evidence of ongoing rent being paid to the landlord for example, or of any employment for your spouse to return to.

In your current application you state that your sponsor is not employed and is a job-seeker. you have submitted payslips purporting to confirm that your sponsor was employed from march until June in the UK. Since your previous refusal notice indicates that these payslips were not made available to the ECO dealing with your previous application, and no further documents have been submitted to endorse this employment, they have failed to satisfy me that your sponsor have been employed with this company. Since she is currently in India and has been living with you in India since before your previous application was submitted, I am not satisfied that she is actively seeking employment in the UK or that she intends to exercise her treaty rights in the UK.

In your 2 previous applications for family permit you wee unable to provide evidence that you spouse was exercising treaty rights in the uk. On the evidence you have produced with your current application, that remains the case.

I therefore refuse your eea fp application because i am not satisfied that you meet all of the requirements of regulation 12 of the immigration (EEA)Regulations 2006.

So this is my 3rd refusal and i just don't now what to do next please help me.............

Post by **Obie** » Fri Nov 15, 2013 12:23 pm

Appealing may be the best solution.

If she isvin india with you,then there is no need for her to be qualified.

Also see. Bali

syed28 · Post by **syed28** » Fri Nov 15, 2013 12:59 pm

Thanks for you reply obie.

My wife went back to uk 3 days ago on her own as we had to sort out things there like giving the house back to the landlord and banks and things.......I was thinking if my wife sign on job-seeker's and send me those papers and I apply with that as a proof of exercising treaty rights? Can they still refuse me?

Post by **Obie** » Fri Nov 15, 2013 1:08 pm

After 3 consecutive senseless refusal, i will not fancy your chances very much.

But i wish you all the best, nevertheless.

The essentially point is that, as stated in the case i cited, you have a right to enter and stay for 3 months, without any need for her to be a qualified person. After that she will need to be for you to qualify under Regulation 17(1) for a right of residence.

syed28 · Post by **syed28** » Fri Nov 15, 2013 1:35 pm

An appeal would take 6 months or more and that puts me off from appealing...... But i think it might be the only solution to it as you said.

I may apply again this time with job seekers proof and see what happens. also can we not sue them for lost of earning and the hardship they are causing because this is deliberate refusal without lawful reasons. as they are meant to be aware of the law for the things they deal with and clearly law is an EEA FP should be issued unless there is a threat to public security and rest.

scorpio1 · Post by **scorpio1** » Fri Nov 15, 2013 1:45 pm

in such scenario i should go for appeal, very less probability to get success fourth time even with all documents, most likely some other point to be raised for refusal.
appeal can take atleast 6 month or may be around 2 year. if decision is not according to law then only court can change decision.

syed28 · Post by **syed28** » Fri Nov 15, 2013 4:23 pm

Is there any way I can complain about the way they are functioning and get them to follow the law and also make them pay for my lost of earnings for their not being aware of the rules?

syed28 · Post by **syed28** » Wed Dec 11, 2013 2:08 pm

Hello everyone update on my case I made a 4th application for an EEA FP and they refused me again on a mindless lunatic reason...

The decision

You have applied for admission to the UK on the basis of EEA national who is exercising or wishes to exercising right of free movement under the treaty of Rome in the united kingdom.

while treating this application Independently I have been mindful of the Information contained in your previous application.

You have provided a marriage certificate noting that the event took place on 03/01/2011 in INDIA on which you wife is noted as resident in uk as a nurse by occupation. The only other current evidence that your wife is in the uk and exercising treaty rights is a photocopy of attendance arrangements for her to seek jobseeker's allowance.

I note that you wife is a european citizen but the evidence you have provided does not satisfy the requirements of the regulations 12 of the immigration EEA regulations 2006

I therefore refuse your EEA FP application because I am not satisfied that you meet all of the Requirements of regulation 12 of the immigration EEA regulation 2006.

I have therefore refused your application because i am not satisfied on the balance of probabilities that you meet all of the requirements of the relevant paragraph of the united kingdom Immigration rules.

you are entitled to appeal against this decision.

syed28 · Post by **syed28** » Wed Dec 11, 2013 2:27 pm

I have previously held 2 EEA FP since 2011. As I use to get 1 when ever I traveled and whenever it expired and they never raised this not relevant gaffe about our marriage certificate and my wife being registered as a resident in the uk.
and how does it matter if she is Registered there as a resident does that mean she cannot travel and how come we got married infront of 1200 people then? what is their point ? My only fault is I once applied for EEA2 when in the UK and did not include proof of exercising treat rights and they send it back to me asking for those proof and as I had to travel in 2 weeks Again I never applied again as it takes about 6 months to process as I have to travel on short notice's I opted to apply for EEA FP when ever needed. but they holding this against me as they mentioned this in my first refusal letter.... its a nightmare for me here and wife,baby in uk . please help

Post by **Obie** » Wed Dec 11, 2013 9:35 pm

You have been advised on the best step to take, but you have declined to follow the advice.

I am very doubtful that UKBA will reverse the illegal actions. You will be best advised to file in your notice of appeal. Had you done it sooner, your appeal would have progressed immensely by now.

Post by **Directive/2004/38/EC** » Wed Dec 11, 2013 10:07 pm

This is all a bit confusing.

When you submit an application to them, you must always include a cover letter which explicitly lists out all the supporting documentation you are sending. And make everything simple and clear.

Is your wife presently working?

syed28 · Post by **syed28** » Wed Dec 11, 2013 10:16 pm

thanks for your reply obie. Yes I was advised to appeal but I just wanted to try, not that I wanted to decline the advice. so you reckon I shall appeal and how does it all work please ? fee money, procedure, timeline, do I have to live my passports with them ? and what documents do I need for this? thanks

syed28 · Post by **syed28** » Wed Dec 11, 2013 10:38 pm

hello directive
Yes i did make a simple application this time outlining all the supporting documents but looks like they just decided to keep refusing me, no my wife is on job-seekers in the UK at the moment.

Shall I send an Informal appeal email to ECM and explain that the decision was wrong as my wife was in UK residing and exercising treat rights and you don't need anything else then that in EEA regulations 2006 ?

what is regulation 12 of eea regulation 2006 that they pretend to lawfully refuse me on please?

syed28 · Post by **syed28** » Thu Dec 12, 2013 11:11 am

Any replys anyone please?

scorpio1 · Post by **scorpio1** » Thu Dec 12, 2013 11:55 am

In such scenario only court can overturn initial decision, simply there will be no any outcome either you contact to ecm or any other.

syed28 · Post by **syed28** » Thu Dec 12, 2013 3:06 pm

Thanks for your reply scorpio.

I have already sent an Email Informal letter of appeal to ECM and they said they will look into it and reply to me in 5 working days.
Regardless can I Proceed with the appeal process As-well ?

How should I do the appeal with a solicitor or own my own? thanks

syed28 · Post by **syed28** » Thu Dec 12, 2013 6:40 pm

can some one please reply to me.... Obie, Directive, eusmile, scorpio, some one help me out with this please.

Post by **Obie** » Thu Dec 12, 2013 10:54 pm

You should have been given an appeal form and told of your appeals right.

Was this done.

Ayyubi72 · Post by **Ayyubi72** » Thu Dec 12, 2013 11:44 pm

I would say just keep applying again and again. Just keep doing the same thing again again and hope that one day it might give a different result.
Just totally ignore any advice from very experienced members.

syed28 · Post by **syed28** » Fri Dec 13, 2013 10:53 am

Obie thanks for you reply.

Yes I was given form IAFT2 and its quite confusing for me do deal with it It ask if I want the Oral hearing or Paper? which One is quicker ? and it says if I have chosen to have an oral hearing. please mark the box of anyone who will be attending your hearing to give evidence.
1. sponsor
2.your representative
3.witness

what evidence do they want from the person attending the hearing if i choose the oral hearing (Apparently its quick).

My wife and child is in the UK at the moment and my wife is on jobseeker's and shall I hire a SOLICITOR for the appeal ?

syed28 · Post by **syed28** » Fri Dec 13, 2013 11:00 am

Ayyubi72 wrote:I would say just keep applying again and again. Just keep doing the same thing again again and hope that one day it might give a different result.
Just totally ignore any advice from very experienced members.

Thanks for your Input mate,

I don't know what you trying to say? and why would you want me to Ignore any advice from this humble and more experienced people then the Immigration solicitors that I have experienced. my deepest respect and pray for this great people who have contributed immensely to this forum without any fame or gain.

Ayyubi72 · Post by **Ayyubi72** » Fri Dec 13, 2013 11:10 am

What I meant to say is, stop applying again and again. Now you have decided to appeal, that is fine. But if you decide to apply again, you have to try to address the issues raised in refusals, rather than just keep applying in the hope that one day you will get a EEA FP.

Hiring a solicitor is not necessary, but if you can afford, hire a solicitor. Just not any solicitor, but someone who has good knowledge about EEA regs.

If your hearing is somewhere in North West England, then you can try Manchester legal services.

For a solicitor to fully asses your case, you must provide them with all the refusal letters, plus copies of all applications and supporting documents that you have submitted with all your applications.

If you do not want solicitor, then perhaps Obie and others can guide you about the main points you can argue.

syed28 · Post by **syed28** » Fri Dec 13, 2013 11:36 am

Thanks for you reply ayyubi

Yes I see your point, But all the 4 times that I had re-applied I have always explained/ addressed the issue's raised in the previous refusal but they kept Raising new issue's each time. As I was addressing the issues raised at the refusal I thought the re-application with issues addressed is logical/quicker. But the ECO's have choose to follow the Teresa May Instructions rather then the Law. well if they want to keep their job then they are helpless!

You now when I do the appeal now do I have to explain to the judge from my first application refusal to the last refusal and all the documents submitted ? or just the last one and address the issue's raised in the last refusal letter ?

Ayyubi72 · Post by **Ayyubi72** » Fri Dec 13, 2013 4:48 pm

Because your refusal does mention all the previous refusals, your history will end up getting to your appeal. But as far as I know, technically the appeal hearing will be for the application your are appealing ie the last application you made.

Even now, ask the the people knowledgeable about EEA Regs to ascertain that your wife is regarded as "exercising treaty rights". Perhaps Obie and Jambo can help.

I am not an expert of appeals or EEA regs, so do not treat my avidce as expert advice.

syed28 · Post by **syed28** » Fri Dec 13, 2013 5:45 pm

thanks again ayyubi,

Obie, Jambo, Directive, eusmile or anyone ?please your input is most welcome

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