Applying for EEA2 with tourist visa after EEA FP refusal

[Xenia_Shik]

Hi all!

My name is Xenia, I am Russian, married an Italian citizen for almost 3 years, have been living in Italy for the last 3 years and still waiting for the Italian passport. 3 months ago my husband moved to London because he found a job there.

At the beginning of his stay he had an internship there for a month so I applied for simple 6 months tourist visa just to go and visit him. Then he was proposed a full-time job and we decided to move to London together.

Lately I applied for EEA Family Permit here, in Italy, thinking that it was necessary to get EEA2 residence card after. It had been refused. Here there is the refusal letter:

You have applied for EEA Family Permit as the family member of an EEA national. However, I am not 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 Aerea) Regulations 2006. You state on part-3 of your application form that your EEA sponsor currently lives with you but he is not travelling with you.
I therefore refuse your EEA family application because I am not suttisfied that you meet all of the requirements of Regulation 7 of the Immigration (European Economic Aerea) Regulations 2006.

I suppose the main reason of the refusal was missing documents such as husband's NIN and payslips. But I presented his bank statement showing that he received the salary from the British employer and, obviously, his full-time employment contract. We decided to not reapply for EEA FP due to the lack of time, I had to be in London in one week. Moreover I red a hundred experiences that I could apply for EEA2 even with expired tourist visa.

When I went to London with my tourist visa an UKBA officer hold me on the passport control, asked me if I had any problems with immigration agency (I explained him my EEA FP refusal) and called my husband to verify the details of my stay in the UK while he was coming to pick me up in the airport. As the officer let me in the UK I spoke with him about my refusal and he explained me that I got it because I didn't present husband's payslips and NIN and also he noticed that I am not allow to apply for EEA2 with my tourist visa, only with EEA Family Permit. Especially now when I have the refusal record Home Office will check more carefully with which visa I'll apply for EEA2. Otherwise my application will be refused over and over again and it will take years to obtain the Residence Card.

Is this all true?

I'd like to reapply for 6 month EEA Family Permit but the problem is my passport is valid until 11.06.2014, so I have to present the documents before 11.01.2014 to be sure that the UKBA will accept my passport. We still don't have my husband's NIN, he has already requested it 4 days ago but it takes up to 4 weeks to arrive. So if the NIN doesn't arrive before a very beginning of January I'll be forced to change my passport before applying for EEA FP. Officially it takes 3 months to get Russian passport in Italy, 1 month in Russia. Unfortunately I don't have this time...

Anyway my questions are:
1. Can I truly apply for EEA2 with valid Tourist Visa in London? Showing all necessary documents such as NIN and my husband's payslips.
2. Will my EEA Family Permit refusal create any problems to EEA2 obtaining?

I am very confused. There is no official information about it on http://www.ukba.homeoffice.gov.uk/eucit ... /applying/

I'll be very thankful if somebody sheds some light on the situation...

p.s. sorry for my unperfect English, I still have to practice it since my second language is Italian Hope my post was clear

[Jambo]

The immigration officer was wrong.

With regards to your questions:

1) Yes.
2) No.

If you have a valid tourist visa just use that to board the flight. At the border you can then ask to enter as a spouse of EEA national living in the UK (showing a copy of your husband passport and evidence of his work and residence in the UK. You enter on Code 1A) or just enter on the tourist visa. It will have no affect on your EEA2 application.

[EUsmileWEallsmile]

The English in the post made is perfectly understandable. It's a good post, so don't worry at all about that.

From what I've read, it is likely that the family permit refusal was not correct. If you presented evidence that your spouse was an employed EU national, that's pretty much it, end of argument. The visa should have been issued there and then. You can and perhaps should complain.

To obtain a residence card, all you need to do is present your passport, your marriage certificate and evidence that your spouse is employed. You can mention the previous refusal and I would be inclined to up-front about that.

Buon Natale.

[Xenia_Shik]

The English in the post made is perfectly understandable. It's a good post, so don't worry at all about that.

From what I've read, it is likely that the family permit refusal was not correct. If you presented evidence that your spouse was an employed EU national, that's pretty much it, end of argument. The visa should have been issued there and then. You can and perhaps should complain.

To obtain a residence card, all you need to do is present your passport, your marriage certificate and evidence that your spouse is employed. You can mention the previous refusal and I would be inclined to up-front about that.

Buon Natale.

The immigration officer was wrong.

With regards to your questions:

1) Yes.
2) No.

If you have a valid tourist visa just use that to board the flight. At the border you can then ask to enter as a spouse of EEA national living in the UK (showing a copy of your husband passport and evidence of his work and residence in the UK. You enter on Code 1A) or just enter on the tourist visa. It will have no affect on your EEA2 application.

I deeply appreciate your concern and reply! In fact I've got informed about the immigration directives and now I am reading them carefully. It really seems that I was very unlucky to pick up one of the most ignorant officers in Heathrow Next time I will travel with my husband together and even if I have some problems on the border I will show our marriage certificate and EU Immigration Regulations. Hope it helps!