EEA Family permit refuse please help

[ukfefe]

I am currently living in Ireland and my husband is a non-eea member. On 17th October we made an application for an EEA FM and have been refused, they are accusing my husband using false documents when we submitted the Orignal Marriage Cert, Passport, Payslip ect... everything is original. This is insane.
In 2004 my husband came to the UK from Ireland illigally looking for his family when he was arrested by the police on a night out I am not sure was it panic or through translation they have his DOB wrong it should be 08/11/68 but they got 11/10/68 now they are refusing him for that reason. What I am upset about is why didn't they ask us for a prove but refuse us without giving us a chance to prove it? My question is can they really treat us like this? and Can we do something about it? My husband does have his Birth Cert to back up. I am really desparate can anyone please help. Can we contact SOLVIT in this matter?

[charles4u]

I am currently living in Ireland and my husband is a non-eea member. On 17th October we made an application for an EEA FM and have been refused, they are accusing my husband using false documents when we submitted the Orignal Marriage Cert, Passport, Payslip ect... everything is original. This is insane.
In 2004 my husband came to the UK from Ireland illigally looking for his family when he was arrested by the police on a night out I am not sure was it panic or through translation they have his DOB wrong it should be 08/11/68 but they got 11/10/68 now they are refusing him for that reason. What I am upset about is why didn't they ask us for a prove but refuse us without giving us a chance to prove it? My question is can they really treat us like this? and Can we do something about it? My husband does have his Birth Cert to back up. I am really desparate can anyone please help. Can we contact SOLVIT in this matter?

There is alot of complains lately on this issue of EEA FM, I was refused too. There will be a public report early next yr on this issue which will clarrify all if the UK should require visas from EU family members and why they even request for so much papers and proves b4 the visa can be granted.

Also does you Husband has the EU4FAM? U can also contact the Solvit.

[ukfefe]

Thank you for your reply. My husband has a stamp4 for one year not an EU4FAM. If I to contact SOLVIT in which term am I writing to them about? Is the UK breaching any law?

[charles4u]

Thank you for your reply. My husband has a stamp4 for one year not an EU4FAM. If I to contact SOLVIT in which term am I writing to them about? Is the UK breaching any law?

I assume that stamp4 is a visa to stay for one year not a residence, Normally I believe you and your husband should still be able to go together to the UK without an entry clearance (EEA FM), But due to the current situation he needs a visa but however he shouldnt be requested for so much proves or papers b4 the visa should be granted.

all the EU/EEA Member State consular officials can ask you to produce for the visa application is your passport and a document establishing the family ties with a Union citizen, such as marriage or birth certificate and proof of dependence, where applicable.

So in your case you complain about the proves, papers and stuffs the UK was requesting from you even if they realised his an EU family member so shouldnt be requested for such proves. Try to keep and add all your proves when you make the complain and also be sure your Husband dont have a record in the UK that shows his DOB 11/10/68 cus this might affect and create more problems for you both.

YES they are breaching the EU Directive law on this ground.