Rights for EEA Family Members

[hackerman]

Hi,

I am married to an EEA citizen and we have been trying to bring my 8 year old son over the UK for the last 20 months.

I am Colombian, Professional, indefinite contract and with EEA Family residence in the UK.

My wife is Greek, Professional, indefinite contract and with UK Residence and living here for 10 years.

We have applied for the child 7 times, 4 times in my country and 3 times in Greece as he is now living there with a residence card as family member of an EEA citizen.

I have the custody of my son since he is 4 years old because his mother abandoned him when he was 2 months. I have birth certificate stating his mother has been prohibited for custody. In my country there is a law stating that parents have the custody and legal guard of their recognized children. This is a right that you lose rather than gaining.

The embassy in Colombia has refused my son based on misunderstanding he lives with his mother, which is really my mother; that I have failed to prove I divorced my previous partner and non evidence I am married to an EEA (the marriage certificate was in Greek and not in English).

The embassy in Greece recalled the same reason to refuse us for the 5th and 6th time. They argued that some marriages with EEAs are for interest without committing with their believe that my marriage certificate was fake.

Two weeks ago I applied again with a divorce certificate assuming this was the only missing document. My wife showed them documents to prove who is my son's mother, therefore they were confused with my mother. Unfortunately, we got refused again under the arguments that his birth certificate with the writing of the supreme court verdict is not enough to prove that I am the legal guardian of my son. With this document I am entitled to move and care for my child according to the laws of my country.

I called home office and they cannot interfere with embassy, I have followed administrative reviews, bureaucratic faxes, etc.

We have ever claimed for any tax refund, council or government's benefits.

What can we do now?

Is it necessary to pay lawyers for a visa?

Should I apply again ?

What are the rights we have as EEA Family members?

[vinny]

Where the applicant can show that he/ she is a family member of an EEA national, an ECO must issue an EEA family permit if the requirements for issuing a family permit (see below) are met.

See also EUN2.10 What if I suspect a marriage/civil partnership of convenience? and Marriages and Civil Partnerships of convenience.

As you have tried unsuccessfully many times already, I think that you may need help.

[hackerman]

After the last refusal, the embassy advised us to send a fax explaining why they did wrong and other reasons to review the case. We cited the children human rights as there are three of them that my child is being violated. However, we didn't get reply.

Last Monday me and my wife travelled again to apply for my son. The officer was very reluctant to provide answers while suggesting us to go for apply rather than applying again. The problem is that according to my country, the parental responsibility that I have supersedes the custody. However, the embassy says they are not going to make any effort to understand the laws of my country, either to double check if the law says that.

Now, I don't know if I should appeal? I think this might be a longer process.

I don't understand either why the embassy feels comfortable refusing a child whose parents are not in benefits and one of the is EEA.