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EEA family permit refused, Should I Reapply or Appeal ?

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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faisal3100
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Posts: 25
Joined: Thu Jun 29, 2017 8:16 am

EEA family permit refused, Should I Reapply or Appeal ?

Post by faisal3100 » Sat Jul 08, 2017 9:43 am

Hi,

I need your suggestion and guidance. My wife EEA family permit is refused. Should I reapply or appeal?

I am a Finnish(Finland) Pakistani. I got married on 7 January 2017 in Lahore, Pakistan Since then I am residing in Pakistan with my wife.

I am planning to move to Uk with my wife. My wife is a Pakistan citizen. She applied for EEA family permit from Lahore, Pakistan in March 2017 and got refusal in July 2017.

Here is the decision:

• you have stated that you propose to accompany your spouse to the United Kingdom who is a Finnish national. you state that you first met on 07/11/2016, your relationship began on13/11/2016 and you married on 07/11/2016.Your marriage was arranged. In support your application, you have provided your Marriage Registration Certificate.

• You have not presented an original and translation of our marriage in the form of your Nikkah Nama. I also note that you have provided no other evidence of your marriage in the form of photographs or other documentation associated with the marriage ceremony and celebration. I note that you have resided together in Pakistan since the marriage but have presented no evidence of such co-habitation.

• In view of your failure to provide satisfactory evidence, I am not satisfied that you are the family member of an EEA national in accordance with regulation 7 of the Immigration (EEA) regulation 2016.

• Your application has been considered in accordance with regulation 8 (5) of the Immigration (EEA) regulation 2016 but you have failed to prove that you are in a durable relationship with an EEA national.

Right of appeal
I am entitled to appeal against the decision under regulation 36 of the Immigration (EEA) regulation 2016.


Now I have compiled all the above-mentioned documents that have caused the refusal.

What will you suggest me should I got for appeal or file a new application by adding additional proofs?

In the case of appeal scenario, I have two questions.
1) How much time does it take to get a first court hearing date in First-tier Tribunal?
2) Can I appeal and also make a new application for EEA family permit?

Any advice and suggestions will be greatly appreciated.

-Faisal

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: EEA family permit refused, Should I Reapply or Appeal ?

Post by Obie » Sat Jul 08, 2017 12:14 pm

Yes you are entitled to appeal and make a new application.

Try and provide utility bills in your name and photographs on this occasion.
Smooth seas do not make skilful sailors

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