Family permit refused again!

[MrsA2009]

Thanks to everyone who replied to my last post. My husband applied again for the family permit which was refused again for the same reasons.

A) I have deduced from your sponsor's letter that she is not presntly living or working in the UK.
You have failed to provide evidence that your EEA national family member is a qualified person in accordence with regulation 6 of the immigration (EEA) regulation 2006.
I am not statisfied that your EEA national family member is residing in the UK in accordance with Immigration Regulations 2006.

and

(B) Your sponsor has said that she is planning to move to the UK and wishes for you travel with her.
However there is no evidence to substantiate these plans.
I am not satisfied that your eea national family member is residing in the uk or will be accompanying you within six months of the date of application (you have provided no edvience of this) in accordance with regulation 12(a) of the immigration regulations 2008.

Again they have refused him because I am not a qualified person. I do not need to be a qualified person for the first three months.
As this will be my frist entry into the Uk with my husband
they can not refuse my husband because I am not a qualified person. From what I underestand is that I do not need to be residing in the Uk for my husbands family permit to be approved.

I am not sure What evidence are they looking for. I have shown them emails from jobs etc,
My flights to him so that we can travel together, The only thing I did not show them was flights for us to travel to the Uk together. Do you think that if I provide our flight imformation that we be traveling together, my husbands application will be approved?

I stated in the letter that I will travel with my Husband. I told them
that I was aware that intial right of entry, which Im seeking is not subject to condition expect showing of edvience of relationship and evidence of my eea nationality but they refuse him again with the same reasons as before.

I know I can appeal but I have been told that it can take months and that it is easier to make a new application. If we apply again this will be the 3rd time. I do not have any other imformation to show them expect for our tickets to travel to the UK.

Im not sure what else can I do to assure them that I will be traveling with my husband and to understand that I do not need to be a qualified person for his family permit to be issued.

This is the embassy of Uk in Morocco.

[troubled]

You can provide them with the required documents or appeal though that costs money if you are going to use a solicitor. There is a sample letter under ILR section that you can use if are finding it difficult to draft proper sponsorship letter. Once bitter,twice shy do not keep on having breaking heart by reapplying if you have the means then appeal against the decision

[TracyCK]

The UK Embassy in Rabat, Morocco took 5 weeks to refuse my partner's application, also quoting out of date regulations. Our situation is further complicated however by the fact that I am British. What EEA nationality are you and where do you live currently? Why are you applying from Morocco?

We have lodged an appeal which we handed in personally to them in Rabat - they were clueless as to what to do with it - I don't believe they get many appeals handed in there. I will be calling to chase it up this coming week, but since my partner and I (should, with luck) be getting married in the next few days, I am considering putting in a new application, or actually just going with my partner to Spain and applying from there since it is actually closer and easier for us to get to Malaga where I also have somewhere to stay rather than wasting time and money going back and forth to Rabat.

From what I can see, they have absolutely no grounds to refuse you whatsoever and are operating outside of even the UK's own transposition on EU law! I would reapply and spell out the law to them and tell them that if it is refused again, you will be making a complaint to the EU Commission - you may want to do that anyway.

[CheGuevara]

But i think that you may have to show that you have enough funds for those three months and that you are applying for jobs already. Appeal the decision with the points that you have made, ask for paper hearing to avoid wasting money on solicitors. The ECO and the ECM are usually the same people and they are a bunch of incompetent wasters.

[86ti]

But i think that you may have to show that you have enough funds for those three months and that you are applying for jobs already.

She should not have to do that. This appears to be a standard mistake at certain consulates. I am afraid only an appeal can put them straight.

[CheGuevara]

But i think that you may have to show that you have enough funds for those three months and that you are applying for jobs already.

She should not have to do that. This appears to be a standard mistake at certain consulates. I am afraid only an appeal can put them straight.

You are very right but if she had all that, it would make it virtually impossible for any further delay and messing about from the AIT.

[wet26]

I was refused twice in Madrid because my British boyfriend (but now husband) was not a qualified person. They haven't got a clue. Technically, your partner doesn't need an EEA FP to enter and reside with you in the UK. He already has the right by virtue of your relationship, the EEA FP would obviously make it quicker at the border when you are entering the country.

Do what I did and travel to the UK together without an EEA FP and explain it at the border. Be prepared to be questioned, but know your rights and the Rules and have all your evidence to hand. When you get to immigration control he can tell them that he wants an EEA FP as a family member of a british citizen who has been exercising treaty rights... surinder singh... blah blah. I've been here since July 2009, arrived without an EEA FP and now have my residence card.

You will be much better off doing this and having the matter in the hands of someone who knows a little more, albeit not much more, than someone at an outpost.

[TracyCK]

I was refused twice in Madrid because my British boyfriend (but now husband) was not a qualified person. They haven't got a clue. Technically, your partner doesn't need an EEA FP to enter and reside with you in the UK. He already has the right by virtue of your relationship, the EEA FP would obviously make it quicker at the border when you are entering the country.

Do what I did and travel to the UK together without an EEA FP and explain it at the border. Be prepared to be questioned, but know your rights and the Rules and have all your evidence to hand. When you get to immigration control he can tell them that he wants an EEA FP as a family member of a british citizen who has been exercising treaty rights... surinder singh... blah blah. I've been here since July 2009, arrived without an EEA FP and now have my residence card.

You will be much better off doing this and having the matter in the hands of someone who knows a little more, albeit not much more, than someone at an outpost.

I would love to do this, however, my partner, who (should!) be my husband tomorrow now has 3 refusal stamps in his otherwise empty passport from Gibraltar, UK and Spain. How do you get on to a plane with that? I can argue with the best of them and have printouts of the directive and others in english and spanish, but I am not sure it would fly.... I do think we could get away with any State except the UK with this argument (since I am British), and if I thought we would be allowed to board the plane, we would give it a go with the UK also. Maybe, we will....

To the OP - assuming that you are not British, there is no reason for the EEA FP to have been refused and if you arrived at a UK entry point, you would be allowed to pass, I believe. Your argument for being allowed to board the plane would be that you have the right and you will take your chances when you get there - be armed with lots of printouts to prove your point.

[MrsA2009]

Thanks for the replies.


We have decided to apply again.. this time I have shown our flight tickets to the UK. Also my bank statement which shows I have the funds for our trip. I cant see any reason for them to refuse us again!

Wet26 - I have thought of doing this. The only problem that I see is at the Moroccan airport. I checked up on this with the airport/airline and my husband needs to have his visa checked by them before he is allowed to get on the plane. I know I could state the law to them but I think if the embassy doesnt know the law then I woulnt have much luck at the airport.

TracyCK - Im Irish. We have re-applied this time I shown them why they can- not refuse me for the reason they have. I think the embassy over there have no clue what they are doing.

Congradulations on getting married! Are you getting married in Morocco? It took my husband and I over 3 weeks to get all the paperwork sorted.

[TracyCK]

Thanks for the replies.


We have decided to apply again.. this time I have shown our flight tickets to the UK. Also my bank statement which shows I have the funds for our trip. I cant see any reason for them to refuse us again!

Wet26 - I have thought of doing this. The only problem that I see is at the Moroccan airport. I checked up on this with the airport/airline and my husband needs to have his visa checked by them before he is allowed to get on the plane. I know I could state the law to them but I think if the embassy doesnt know the law then I woulnt have much luck at the airport.

TracyCK - Im Irish. We have re-applied this time I shown them why they can- not refuse me for the reason they have. I think the embassy over there have no clue what they are doing.

Congradulations on getting married! Are you getting married in Morocco? It took my husband and I over 3 weeks to get all the paperwork sorted.

We JUST got back from Tetouan, and yes, we are married! And yes, it took us over 3 weeks also, an unbelievable process! LOL

I have today decided, given that I have some serious work issues that I need to get back to ASAP and a son that needs to return to school, that we will drive back to the UK. We have been at the Spanish border of Ceuta before and were told categorically that with a Marriage Certificate, they would let us pass. We collect ours tomorrow afternoon and think that we can have it translated in time to leave Saturday morning.

That leaves getting onto the ferry from France to the UK, but I reckon I can argue that one - we will see. I am tired of the nonsense and waiting and the effect that it is having on our lives, so we are going to just give it a go. Will keep you posted.

I can't imagine that yours will be refused again - they just can't! Please let us know when you hear!

[Rozen]

Congratulations on your marriage, TracyCK!
I have been following your story, and it sure has been one hell of a rough ride for you!
I sincerely wish you all the best on your journey back to the UK.
Good Luck!

[wet26]

Congratulations! If you get into Spain, don't bother driving to France - drive to Santander or Bilbao and get the ferry from there. The staff at those ports only gave my passport a cursory glance.

Like I said, just be prepared when you get the window at the UK border and have all your stuff organised in a folder. They kept us waiting at the border for 4 hours, I was being questioned most of that time, and my husband was questioned for about 15 mins. Above all, tell the truth. No matter what they say, stick to the fact that you got married because you love each other and want to be together forever. They tried to catch me out. They didn't decide my case that day, they kept my passport and documents, but they let me in and sent my stuff to me a few days later.

Good luck.

[MrsA2009]

My husbands family permit was approved . third time lucky!

Im glad we applied again and didnt wait for an appeal. The difference with this application and the other 2 that were refused was that we gave them a copy of our flights to london to show that I would be flying with my husband, where last time I did not and also wrote a letter which stated why they could not refuse my husband for the reasons that they did.. I clearly wrote what the immigration regulations say where as before I just wrote as per regulation number x.

I think that showing them the flight information was what made the difference even though we do not need to provide this with the application.

Thanks to everyone for all the help.

[TracyCK]

My husbands family permit was approved . third time lucky!

Im glad we applied again and didnt wait for an appeal. The difference with this application and the other 2 that were refused was that we gave them a copy of our flights to london to show that I would be flying with my husband, where last time I did not and also wrote a letter which stated why they could not refuse my husband for the reasons that they did.. I clearly wrote what the immigration regulations say where as before I just wrote as per regulation number x.

I think that showing them the flight information was what made the difference even though we do not need to provide this with the application.

Thanks to everyone for all the help.

Congratulations! What part of the UK will you be going to? We are down in South East Kent.

We put in another application for my husband a couple of days ago and they implied that a decision will be made within 7 days, possibly sooner which is next Wednesday, so we shall see what comes of that. I should have left Morocco already but my flight was cancelled and I am now due to leave from Spain on Tuesday and then Rachid will come separately if and when he gets entry permission!