EEA family permit

[Olak]

I applied for an eea family permit in nigeria,in other for me to join my husband in uk, my application took well over 3 months,when it came out,it was refused stating that they tried to call my husbands place of work,no one picked,and as such they are not satisfied that my husbands salary and employment are as claimed.that I have not provided evidence that my husband is a qualified person so that are not sure he resides in the United Kingdom,that in my application that I stated that am unemployed so they are unclear as to my own finicial situation n nigeria,as am not finicially dependent on my husband
In my application,I put in my nigerian bank statement,that my husbands transfers money straight into my nigerian account.i started the appeal process on this.then I decided to make another application
It was also refused stating that I applied as a spouse of an eea national,however the document I submitted doesn't shoe am wholly or mainly dependent on my spouse,or if I am it's a dependency of necessity rather than choice,I am not satisfied I need the finicial support of my husband to meet my essential needs in nigeria.
I have being travelling to uk since 2006,finished my masters degree in London,2012
Please I need help

[Directive/2004/38/EC]

Have you appealed or reapplied?

[Olak]

I have appealed,but am going to make another application,but the part am confused about now is the sponsorship part of the form,do I need to fill it or include my husbands details there.

[Directive/2004/38/EC]

If you husband has been working in the UK for more than 3 months, you should include proof that he is working, such as a pay slip or letter from his employer.

Have you already submitted the appeal?

[Olak]

Yes I have submitted the appeal,but I haven't gotten any hearing date yet,that's why my husband and I decided to make another application pending the appeal,that why I was wondering on the application form,there's a part for sponsorship,do we need to fill it,and yes my husband has being working for more than a year now.
Thanks for replying

[Directive/2004/38/EC]

I decided to make another application pending the appeal,that why I was wondering on the application form,there's a part for sponsorship,do we need to fill it,and yes my husband has being working for more than a year now.

Good that you are reapplying!

I am not sure what specifically you mean by the "part for sponsorship". You need to answer questions about who your husband is. If he has been working already for a year in the UK, you need to provide information about who is employing him, and how much he makes. You will need to provide evidence that he is working, such as a pay slip or a letter from his employer.

You do not need to provide any information about how much he has as savings. You also do not need to provide any information about what you do, how much you earn, how much you have in savings.

[Olak]

Thank you so much for your help

[Olak]

Please I would like you to take a look at the letter my husband wrote


my wife made an application for eea family permit,and it was refused on the 17 October 2014.
According to the eea regulation 2006,there is no document stating where a spouse has to be dependent on the eea national.
My wife's visa was refused stating that she is not wholly or mainly finicially dependent on me her spouse,and if she is,that it is a dependency of necessity rather than choice,that there is no bank transfer or funds from me. It is not satisfactory my wife needs the finicial support of me to meet her essential needs in nigeria.
My wife made two different eea family permit applications and were refused on two different grounds. The decision of the Eco at your department has infringed the fundamental rights of eea family permit.
Regulation 7 of the immigration(European economic area)regulation 2006 states that
• the family members of an eea national(part 7 of the regulation includes:
•spouses or civil partner;
•direct descendants of the eea national or their spouse/civil partner under 21
•dependants direct descendants of the eea national or their spouse/civil partner 21 and over.
Financial dependence should be interpreted as meaning that the family member needs the financial support of the eea national or his or her spouse/civil partner in other to meet the family members essential needs in the country where they are present not in order to have a certain level of income.
IMPORTANT:"if the applicant is the spouse or civil partner of the eea national or a dependent child of either the eea national or their spouse or civil partner is under 21,then they do not need to provide evidence of financial dependency and therefore this should not be requested from the applicant.
•where the applicant can show that he/she is a family member of an eea national.an ECO must issue an eea family permit if the requirements for issuing a family permit are met.
EUN 2.9 How do I establish dependency under the eea regulations?
Direct family members must be wholly or mainly financially dependent on the eea principal to meet his or her essential needs in order to qualify for an eea family permit,(children under 21,spouses,civil partners do not need to provide any evidence to show dependency on the eea national).
23.3 iii The applicant is not genuinely dependent on the eea national or his/ her spouse.
Family members: this does not apply to spouse/ civil partners or children aged under 21,except in the case of a student who has being resident in the uk for more than 3 months,where the children of any age must also be dependent.
Furthermore from the quotes above,it is clearly not mentioned that such requirements exists either in the UKBA entry clearance guidance nor in eea regulation 2006.
My wife is thereby making yet another eea family permit and submitting all the necessary documents alongside the application,I would request that you inform the Eco of the infringement of the eea regulation 2006,which has occurred in this situation,so that my wife's application would be processed according to eea and ukba rules.
Thanking you for your anticipated co-operation.
Please I wanted to find out if the letter is ok
Thanks

[Directive/2004/38/EC]

What was the reason given in the other refusal?

[Directive/2004/38/EC]

I would probably simplify the letter a little bit, and write something like the following.

My wife previous application for an eea family permit was unlawfully refused.

The ECO stated that she is not wholly or mainly financially dependent on me her spouse, and if she is, that it is a dependency of necessity rather than choice, and that there is no bank transfer or funds from me.

According to both Directive 2004/38/EC and the eea regulation 2006, there is no requirement that a spouse must be dependent on the eea national. In fact internal home office guidance explicitly says exactly the opposite. It even highlights the word “IMPORTANT” in the guidance.

https://www.gov.uk/government/publicati ... ly-members is clear:

Important: If the applicant is the spouse or civil partner of the EEA national or a dependent child of either the EEA national or their spouse or civil partner is under 21 then they do not need to provide evidence of financial dependency and therefore this should not be requested from the applicant.

To correct the UKVI error of the previous refusal, my wife is making yet another eea family permit and submitting all the necessary documents. Please issue the EEA Family Permit as soon as possible, and on the basis of an accelerated process, as you are required to by law.

Should you not fully understand the requirements, please do not again unlawfully refuse the application, as it will interfere with my ability to exercise my free movement rights as an EU citizen. Instead please consult a qualified ECM and consult with the European Operational Policy team at EuropeanOperational@UKBA.gsi.gov.uk

Thanking you for your anticipated speedy resolution of this application.

[Olak]

Thank you for your reply,I made the application at teleperformance nigeria today,I was called in for an interview,the lady I spoke to asked me question on:
1 my name
2 date of birth
3 my nationality
4 what am applying for
5 if any one other than myself is travelling with me
6 my husbands name
7 how many years have we being dating
8 how many years have we being married
9 do I know the address of where my husband lives and the county
10 my husbands occupation
11 how often do we communicate
12 when last I saw my husband
13 do I have friends and relatives in uk
That's all I was asked in the interview today

[Olak]

And she also asked who supports me financially

[Directive/2004/38/EC]

Pretty amazing that for the first refusal they did not mention that they might consider yours a marriage of convenience, and instead rejected it unlawfully on other grounds.

And now they are asking questions that are only lawful if they have suspicions it is a marriage of convenience.

[dalebutt]

Oh I missed this post , they need telling off these ECOs, did you receive the permit yet? The tribunal is now conveniently infringing article 6 of ECHR, how have you not been given a date since November? The whole lot needs overhauling seriously.

[Olak]

I was called in for another interview today,have an appointment by 9,and the lady that called from british high commission told me to bring any new document i have of my husbands workplace.

[dalebutt]

Get him to send you as many documents as possible by email, ask them to confirm that, they are happy with the documents you have brought or they would require more? If they would require more tell them to give you some time to get your husband's tax record from HMRC that should solve the problem. Then ask him to visit jobcentre to obtain his tax record and send it to them by email. Do not forget to ask for their email if that happens to be the case, I hope whatever documents you go with will suffice them. Good luck!

[Olak]

Thanks so much for the reply,I went for the interview and the lady that interviewed me asked me series of questions,and she told me in other for her to complete her work on my application,I should come back on Monday,then when coming,I should bring more pictures and a bill to show I've lived in the address where my husband lives

[dalebutt]

That's good progress, endeavour to provide what they asked of you, you should succeed.

[Directive/2004/38/EC]

So you have already gone once for an interview there, and now they want you to go back again?

Be sure to get the names of anyone who interviews you.

[Olak]

The lady that I had the interview with today,didn't state her name at all.

[Olak]

My eea family permit was refused again
You have stated that you wish to come to uk as the eea family member of my husband,you have stated that you have met him in July 2011 and that you married in November 2012,I am mindful of the fact that you were issued a visit visa for the uk on November 2012,while I accept you were not married at the time you made the application,there was no mention of him that you knew him in the uk.you travelled to the uk in December 2012 and remained there till December 2013. During this time you made an application to remain in the uk as a family member of an eea national which was refused. At interview you stated you didn't mention your husband on your visit visa as you did not intend to visit him or stay with him(I never said that) this is unclear as to why, cos if you are recently married you would want yo visit him,you have not seen your husband since you left the uk, this is also unclear as to why, following on your interview you were asked to provide evidence of your relationship together when you were in the uk,and you submitted photographs, and a letter from natwest,home office and nhs card all dated 2013, when you were in the uk applying to remain. There was no other document to show that you were living together prior to this(I told the lady I was living at harrow in 2012, before I went home and came back in December 2012 to start living with my husband) the photographs submitted it is unclear as to where it was taken, further details are in the document verification report on file.if you had being in a relationship as you state,for the period of time that you state, it is reasonable to expect there to be considerable evidence of this. The absence of this casts doubt on your relationship and am satisfied that you are a party to a marriage of convenience.
You have stated that your husband has being in employment since November 2012, as evidence of this you have provided a letter from his employer,some payslips,and a p60 dated 2013, however there is no other official document such as bank statement confirming that he is in this employment(after I provided recent payslips during the interview dated November and December). Given that this is your third application to join your husband,it is reasonable to expect there to be a considerable amount of evidence of his employment to demonstrate he's exercising his treaty rights in the uk as I state, I am not satisfied on the evidence that you have provided that your eea national family member is a qualified person.
And for this application, there was no refusal stamp, but was given right of appeal

[Directive/2004/38/EC]

Did you provide a cover letter as part of your application?
Did you list the evidence you provided, such as the pay slips for your husband?

[Olak]

Yes I provided a cover letter when I made the application, and yes there were payslips and p60,letter from my husbands employer,when they called me for the interview,the lady that I spoke with just told me to bring additional evidence of my husbands workplace like payslip and I took November and December along with me, and am surprised as to why she said I didn't submit additional documents,everything I submitted was listed in the cover letter

[Obie]

Yes I provided a cover letter when I made the application, and yes there were payslips and p60,letter from my husbands employer,when they called me for the interview,the lady that I spoke with just told me to bring additional evidence of my husbands workplace like payslip and I took November and December along with me, and am surprised as to why she said I didn't submit additional documents,everything I submitted was listed in the cover letter

I have advised you to appeal. You are knocking your head against a brick wall in applying, as the refusals seems to be a deliberate attempt to refuse you for no reason.

The take comfort from the fact that you do not want to appeal, so they continue to use the same basis of refusal.

[Olak]

I have an ongoing appeal already