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EEA Family Permit refused - what did we do wrong?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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mihcis
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Posts: 16
Joined: Mon Jun 19, 2017 8:30 pm

EEA Family Permit refused - what did we do wrong?

Post by mihcis » Mon Jun 19, 2017 8:37 pm

Today my wife got a refusal for the EEA Family Permit application.

What did we do wrong? We read all the instructions thoroughly and thought we satisfied all the requirements. She is at present in Russia and I am in the UK, and she applied for the permit in order to join me in the UK.

She enclosed: her passport, a certified copy of my passport, a certified copy of my UK permanent residence certificate, and our Russian marriage certificate with its certified translation.

Does anyone have a concrete idea of why it was refused based on the letter below - it is only two pages. And what to do next? It seems to suggest our application "does not attract a right of appeal".

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swintooh
Junior Member
Posts: 79
Joined: Tue Jun 20, 2017 1:46 pm
Poland

Re: EEA Family Permit refused - what did we do wrong?

Post by swintooh » Tue Jun 20, 2017 3:12 pm

Geez, can you read English??? See the second page after the line (bolded text): Right of appeal.

On the other hand when you say certified copies of your passport or marriage certificate etc - is that according to HO approved certification process? Check that first as this is the most logical explanation to refusal based on the fact that the claimant (Russian spouse) have not submitted evidence of being related to you (something is wrong with marriage certificate most likely).

I can see you are not British citizen. Are you an EEA citizen?

Scotkaz
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Posts: 49
Joined: Wed Jun 01, 2016 1:50 pm
United Kingdom

Re: EEA Family Permit refused - what did we do wrong?

Post by Scotkaz » Wed Jun 28, 2017 4:35 pm

Looks like they found the proof of your marriage unsatisfactory. They do not trust your Russian marriage certificate.

Moderator edit : The language on the forum is English, kindly only post in English.

Obie
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Location: UK/Ireland
Ireland

Re: EEA Family Permit refused - what did we do wrong?

Post by Obie » Wed Jun 28, 2017 4:41 pm

grampkaz wrote:Looks like they found the proof of your marriage unsatisfactory. They do not trust your Russian marriage certificate.

Moderator edit : The language on the forum is English, kindly only post in English.
The decision does not say so.

My reading is that the OP failed to provide evidence of his partner's ID or her ID.

Therefore no appeal right was given.
Smooth seas do not make skilful sailors

Wanderer
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Ireland

Re: EEA Family Permit refused - what did we do wrong?

Post by Wanderer » Wed Jun 28, 2017 6:06 pm

That whole letter looks dodgy.

Says he/she's not been interviewed, but that the interview has been taken into account, several bits of markup that should have been deleted, and it looks like a page at least is missing, letter doesn't 'flow'...
An chéad stad eile Stáisiún Uí Chonghaile....

Scotkaz
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United Kingdom

Re: EEA Family Permit refused - what did we do wrong?

Post by Scotkaz » Thu Jun 29, 2017 9:01 am

Obie wrote:
grampkaz wrote:Looks like they found the proof of your marriage unsatisfactory. They do not trust your Russian marriage certificate.

Moderator edit : The language on the forum is English, kindly only post in English.
The decision does not say so.

My reading is that the OP failed to provide evidence of his partner's ID or her ID.

Therefore no appeal right was given.
The wording is "as you have failed to supply any evidence of your identity that you are related as claimed to your EEA sponsor".

The HO requests the identity document with the proof the Lady is related to him (her husband - the EEA sponsor). Such document is called "marriage certificate". Russia has marriage certificates in Russian language therefore certified translation into English is required. They also have internal and external passports. External passports (in English) do not have any information about the marriage. Internal passports are in Russian (and do have the insertions / writings about the marriages and divorces).

The only conclusion is that the HO is not satisfied with their marriage certificate. (I hope they didn't translate the internal passport and sent it, which would be pretty suspicious for the HO)

The relation to the "the right of appeal" is confusing and not really relevant. Because after all the appeal is allowed - next paragraph "you are entitled to appeal"

vinny
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Re: EEA Family Permit refused - what did we do wrong?

Post by vinny » Thu Jun 29, 2017 9:47 am

The refusal is dodgy as it's sloppy.

It failed to quote the precise regulations that were unsafisfied.

"as you have failed to supply any evidence of your identity that you are related as claimed to your EEA sponsor" didn't apparently take into account the applicant's passport nor marriage certificate.

There's also the contradictory rights of appeal.

Moreover, the quoted guidance ECG EUN2.23 may have been superseded by the modernised guidance.

It's unclear to me what you did wrong.
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