Settlement query

LAROCCAMOM · Post by **LAROCCAMOM** » Fri Jun 10, 2011 7:30 pm

What if I, EEA national, were to travel with my now FP denied husband to the UK.

1. Will they let him in, even though his FP was refused?
2. Once I get registered as a job seeker, does that mean that I have now become settled?
3. If #3 is correct, will he be able to change his status from visitor to a residence card holder from within the UK?
4. If the reason for the denial is that he is not a green card holder and he was applying from within the US, and he goes to Venezuela and applies from there. Will I have to travel to the UK along with him? Or can he just fly to the UK by himself to join me there?

My most sincere apologies but I am trying to find out a way to do this legally with no future issues.

I thank you for all your help.

Post by **vinny** » Fri Jun 10, 2011 11:11 pm

Why was the FP denied?

Entry without a FP is possible, subject to 11(4).

You are not settled unless 15 is satisfied.

LAROCCAMOM · Post by **LAROCCAMOM** » Fri Jun 10, 2011 11:32 pm

Yes, my husband received an e-mail earlier today.
We have not received the paperwork yet, therefore we don't know the reason. We are trying different ways until we get the paperwork.

86ti · Post by **86ti** » Sat Jun 11, 2011 10:36 am

I believe we have discussed all this some time back.

LAROCCAMOM · Post by **LAROCCAMOM** » Sat Jun 11, 2011 4:16 pm

86ti wrote:I believe we have discussed all this some time back.

Thank you 86,

I was looking for my previous messages but could not find them. I am a bit of a nervous wreck at the moment, waiting for the letter is definitely not an easy task.
I can only hope that they have denied it due to missing paperwork, if it's because my husband's asylum petition was not approved in the US and he has to apply from his native country, I might actually loose it. As it will be an extra expense and I would have to travel alone with all 3-children and luggage to the UK.

Anyways, thank you.

86ti · Post by **86ti** » Sat Jun 11, 2011 6:08 pm

LAROCCAMOM wrote:I can only hope that they have denied it due to missing paperwork

You can hardly do anything wrong there. If passports and marriage certificate are in order there should be no problem. You can only wait and see what they think was wrong.

LAROCCAMOM · Post by **LAROCCAMOM** » Sat Jun 11, 2011 6:20 pm

I'll keep you posted as I may need guidance.
Thank you for being there for us.

LAROCCAMOM · Post by **LAROCCAMOM** » Tue Jun 14, 2011 12:02 am

I have the denial letter (or book)

As indicated in the EEA regulations there is a three month period in which your sponsor can stay in the EU without exercising treaty rights and therefore can sponsor you for an EEA Family Permit. On your application form you have stated that you plan to stay in the UK for 75 days. While I acknowledge that your sponsor has answered 'yes' to the question 'do you intend to work in the UK', the limited date you have place on your application leads me to doubt whether your sponsor will be exercising her treaty rights after the initial three month period or will be going elsewhere in the EU after this period.

You have indicated that you have a current deportation order against in the US, since your application for further leave to remain in another capacity in the US immediately after your departure from Venezuela was denied. Therefore I have established that you cannot return to the USA or that you intend to return to Venezuela. Your sponsor has not demonstrated that she will stay in the UK and exercise her treaty rights after the initial 75 days. This leads me to doubt that you will leave the UK after the 75 days as stated on your application and that you will remain in the UK on your EEA family permit without the presence of your wife in the UK.

Given the above facts and in consideration of the limited information provided about your intentions after the proposed 75 day period, you have not demonstrated that your wife, the EEA national family member will be a qualified person in accordance with Regulation 6 of the Immigration (European Economic Area) Regulations 2006. I am, therefore, not satisfied that the EEA national family member will be residing in the UK in accordance with the Immigration (European Economic Area) Regulations 2006.

I therefore refuse your EEA family permit application because I am not satisfied that you meet all the requirements of Regulation 12 of the Immigration (European Economic Area) Regulations 2006.

On my cover letter I stated that I intended on exercising my treaty rights for 75 days and that I would be traveling with my husband and three children.
Can I re-apply with a more detailed cover letter?

LAROCCAMOM · Post by **LAROCCAMOM** » Tue Jun 14, 2011 3:41 am

I just made a new application online and wrote a very detailed cover letter, emphasizing the fact that I intend to travel along with my family to Birmingham with the intentions of looking for employment and eventually getting settled in England and not in any other EU member state.

Any thoughts

86ti · Post by **86ti** » Tue Jun 14, 2011 8:43 am

What can I possibly say about this? I think the ECO is wrong in believing that it is his/her job to assess whether you will be a qualified person after the initial three months or not. This also implies that you do not have to explain your intentions as to why you want to go to the UK. The rest of the argument is just a perversion of the EEA regulations.

LAROCCAMOM · Post by **LAROCCAMOM** » Tue Jun 14, 2011 1:44 pm

Should I include with the second application another set of fingerprints? They already have them.

I re-wrote the cover letter a thousand times over now. Should I even mention their prior denial reasons and better explain myself so that they understand that we moving there and that I have no intentions of leaving the UK once there?
or should I keep it simple?

At this point all I want to do is flight over to the consulate and speak to someone directly

LAROCCAMOM · Post by **LAROCCAMOM** » Tue Jun 14, 2011 3:02 pm

Does anyone have a phone number to contact them at the consulate in NY?

jrge · Post by **jrge** » Tue Jun 14, 2011 5:43 pm

LAROCCAMOM wrote:Does anyone have a phone number to contact them at the consulate in NY?

(212) 745-0200

Good luck!

LAROCCAMOM · Post by **LAROCCAMOM** » Wed Jun 15, 2011 1:08 am

Thank you for the number jrge, I called and no answer obviously, but at least I tried. I sent an email though to the visa department at the new york consulate and requested further information. They replied back this morning saying that I could either appeal the decision or reapply if the criteria changed.
I reapplied this morning and explained in the cover letter that i have no intentions of leaving the UK after the 90 days. I also included copies of interview appointments that I have lined up there, hopefully that shows them that my intentions are to fully relocate there.

In the meantime, I understand the reason of the denial now, after reading it quite a few thousand times of course. If I were to leave the UK after the 90 period, because I am an EEA national and can do so, that does not mean that my husband holds the same fate. As he can not come back to the US (asylum case denied), can not go back to Venezuela (asylum case), therefore he is pretty much homeless. The only choice he would have at the moment is the UK, but if I am not physically there then he would become illegal in the country.
And so I understand their concern.

And since I am always looking for a solution, if the permit gets denied one more time, he would apply for a permanent Italian visa (over 90 days) in Chicago, I already spoke to the visa department about it. And we would then reapply to show the UKBA that I were to leave the country he can live in Italy or any other Schegen country as me.

Any thoughts? I'm just looking for door number 2 at this point.

LAROCCAMOM · Post by **LAROCCAMOM** » Sat Jun 18, 2011 5:03 am

My documents were recieved at the consulate on Tuesday at 10:15 in the morning, nevertheless I haven't received an email from the UKBA stating that they have received the package. I am a bit nervous, I don't want them to misplace the passports.
All I know is that Fedex delivered the package to the mailroom.
Does it usually take this long for the consulate to open their packages?

In the meantime, I have sent several emails and faxed requesting information on wether they have received the package or not, but so far no replies.

Has anyone ever experienced a delay like this?

LAROCCAMOM · Post by **LAROCCAMOM** » Mon Jun 27, 2011 9:59 pm

After a very frustating situation, we managed to re-apply with a more detail cover letter and I just received news that my husband's FP has been issued.
I am so happy....beyond belief

Godott · Post by **Godott** » Mon Jun 27, 2011 10:58 pm

LAROCCAMOM wrote:After a very frustating situation, we managed to re-apply with a more detail cover letter and I just received news that my husband's FP has been issued.
I am so happy....beyond belief

Enjoy your Joy!

86ti · Post by **86ti** » Tue Jun 28, 2011 9:34 am

Congratulations and all the best for the future.

jrge · Post by **jrge** » Thu Jun 30, 2011 4:33 am

LAROCCAMOM wrote:After a very frustating situation, we managed to re-apply with a more detail cover letter and I just received news that my husband's FP has been issued.
I am so happy....beyond belief

Congratulations.....! Hats off to you! Job very well done.

Could I ask you what documents were sent to support your application?

LAROCCAMOM · Post by **LAROCCAMOM** » Thu Jun 30, 2011 5:30 am

The only diference this time was that I included my original passport since they kept the certified copy by my consulate (Italy) and a very much detailed cover letter, explaining my permanent relocation purpose and I included copies of job interviews scheduled for the next couple of weeks to prove to them that I intend on obtaining a job as soon as possible.
I remember writting "I don't know how else to prove to you that I will not, nor I intend to leave my husband in the UK while I go live with our children in another country. We are a family of 10 years and those are our intentions."

That was all.

jrge · Post by **jrge** » Thu Jun 30, 2011 11:09 am

LAROCCAMOM wrote:The only diference this time was that I included my original passport since they kept the certified copy by my consulate (Italy) and a very much detailed cover letter, explaining my permanent relocation purpose and I included copies of job interviews scheduled for the next couple of weeks to prove to them that I intend on obtaining a job as soon as possible.
I remember writting "I don't know how else to prove to you that I will not, nor I intend to leave my husband in the UK while I go live with our children in another country. We are a family of 10 years and those are our intentions."

That was all.

Are you saying that you only submitted: passports + marriage certificate + copies of scheduled job interviews + fingerprints + sponsoring letter? That's it?.

LAROCCAMOM · Post by **LAROCCAMOM** » Thu Jun 30, 2011 2:24 pm

Besides that I also included bank statements and already paid for flight tickets.

LAROCCAMOM · Post by **LAROCCAMOM** » Sun Jul 17, 2011 6:36 am

I have been reading about the biometric residence permit. Apparently a non European national needs to apply for one when applying to settle or extending their stay in the UK.
The UKBA website says that after the settlement or extension of stay application has been made, they will send by mail a biometric notification letter after they have received the application.

Is this true? Does anyone have any knowledge about this? Hopefully my husband can apply soon for his residence card. Will he need to apply for this biometric permit as well?

Thank you.

86ti · Post by **86ti** » Sun Jul 17, 2011 7:52 am

A residence card is not a permit. http://www.ukba.homeoffice.gov.uk/eucitizens/

Post by **Jambo** » Sun Jul 17, 2011 10:54 am

This is not applicable to applications under EU rules. See here

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