Family Permit Rejected

[Hamza2013]

Hi,

We received family permit rejection today for our parents with very silly reason.

The rjection reason is that according to EEA regulations 2006 clause 9 2(b) parents of British nationals are not applicable to get family permit.

This rejxtion totally obsolete ECO understanding of Surinder Singh Judgement.

Now we have Job to start in UK and we reckon the rejxtion reason is very easily justifiable, since time is against us, shall we travel to UK and apply for residence card with clarification to the earlier rejection?

[ptstream]

unfortunately it's the right decision, in order to do a Surinder Singh British citizens first need to move to another Member State.

[Hamza2013]

I am a British citizen working in another eea state,


Is this still correct decision?

[noajthan]

OP has evidently enjoyed a sojourn in Eire:
http://www.immigrationboards.com/eea-ro ... l#p1386566

So HO have dropped the ball on this one.

[Obie]

Regulation 9 2(b) clearly does not seem to say only the Spouse or Civil Partner of the British Citizen qualifies.

[ptstream]

I am a British citizen working in another eea state,


Is this still correct decision?

If your parents are with you in that other State then yes you should be able to do a Surinder Singh.

[Obie]

From my reading, which i have read and argued many time, I don't accept that on a proper reading of 9(2)(b), there is not indication, that a direct descendant in the Ascending line should be staying with the British citizen in another state.

[Hamza2013]

Thanks Guys,

We are planning to travel to Uk and do a paper appeal with 5 year application, please reply with suggetions,

[Hamza2013]

We are planning to get assistance of solicitor to prepare our 5 year residence card application and clarify the rejection with it, the only problem is my parents got visit visa will they accuse them if we don't find immigration on boarder to request code 1 A stamp?

[ptstream]

well if they have a visa they can still enter and then apply for Residence card with Surinder Singh.

Or as an alternative you can reapply for Family Permit,many people have applied twice before getting one,particularly in Surinder Singh situations.

[Hamza2013]

Hi ptstream,

We really want to do that, will visit visa create any problems?


Obie/noajthan please comment on this,

I need a little bit more assurance, our lives are hault at the moment!

[ptstream]

The safest option would be to reapply for Family Permit

[noajthan]

Hi ptstream,

We really want to do that, will visit visa create any problems?

Obie/noajthan please comment on this,

I need a little bit more assurance, our lives are hault at the moment!

Safest to reapply.
You don't need a lawyer.

If you go via border you need to carry all the papers you would submit for FP.

The risk if entering on visit visa is, if refused, your parents may fall into becoming overstayers.

[Hamza2013]

Since there is no border between Uk and Ireland if we ent r without stamp will be classified on visit entry?

[raja.brit]

Since there is no border between Uk and Ireland if we ent r without stamp will be classified on visit entry?

Hamza, I am sorry to hear about your parents refusal.

You can enter the UK without any VISA once you obtain EUFAM as per UKVI website and I reckon you should get it by September 2016:

https://www.gov.uk/government/publicati ... dence-card

If you are happy to wait and travel to the UK after obtaining EUFAM then I hope the following information helps.

I knew 3 of them who after obtaining parents' EUFAM flew to the UK and straight away applied for UK RC. There was no immigration in the UK because of CTA. They were saying not to use Ryanair if you don't have a UK Visa or EEA Permit. Best airlines would be BA or Aerlingus to London Luton Airport.

However, as Noajthan said, it is better to reapply.

[vinny]

Family members of British citizens

9. (1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a British citizen as if the British citizen (“P”) were an EEA national.

Agree with Obie.

[Hamza2013]

Guys,

We have been recommended that travel to UK and apply over there for residence card.

We are taking this route and preparing for another fight.

[zahmed05]

Hi Hamza,

So sorry to hear that.

Could this be because you was working with a UK company and getting paid in UK, UKVI didn't consider the treaty being excercised and that's why you are still considered as British citizen?

Regards,
Zeeshan

[Hamza2013]

Hi Zahmed,

There wasn't any treaty exercise issue at all.

The ECO used wrong clause for rejection as mentioned above, according to the rejection parents are not allowed to accompany.

UK pay or working for U.K. Family do not effected in any way.

[Obie]

The difficulty is that UKVI and the ECO are showing complete disregard to the law.

2 days ago a person from Northwest who entered UK with an EEA State Residence card was granted temporary admission. When he went to report again , he was put in a place without even time to seek judicial remedy.

By the time one could get through to the court he has been flown out.

Quite scary. A spouse of a returning British citizen being treated that way. Luckly for him, he had a residence card for another state.

Or the fools would have sent him to a third country in breach of the regulations.
Now they are falsely alleging that a Qualifying EEA State Residence card was not presented.


Complete bullocks.

[Hamza2013]

Agreed obie,

I have asked around and seek legal assistance, as correctly highlighted by you guys they decision is absolutely against law, I have also been told that home office will do what ever it takes to reject FP specially for depend parents hence we are taking 5 year residence route to fight within U.K.

Now our Delima is what is the best way to enter UK without using visit visa. My understanding is if we fly from Eire the airline will only allow us if we have valid visa and that will be an entry in country on visit visa. However if we travel by ferry or from Belfast then the passport checking will be most likely and we can request code 1 A stamp. If we do not come across any border control officer we can at least mention in our application cover letter that we tried to find border force to request 1 A stamp and didn't find any. All we are trying to justify that we are not taking advantage of visit visa.

Please suggest.

[ptstream]

The difficulty is that UKVI and the ECO are showing complete disregard to the law.

2 days ago a person from Northwest who entered UK with an EEA State Residence card was granted temporary admission. When he went to report again , he was put in a place without even time to seek judicial remedy.

By the time one could get through to the court he has been flown out.

Quite scary. A spouse of a returning British citizen being treated that way. Luckly for him, he had a residence card for another state.

Or the fools would have sent him to a third country in breach of the regulations.
Now they are falsely alleging that a Qualifying EEA State Residence card was not presented.


Complete bullocks.

and what are Qualifying EEA State RC according to them?

[raja.brit]

Hi Hamza.

Have you made it to the UK yet?

Hope all goes well.