EEA Family Permit Refusal !!!!

Hi Faisal

Did they still issue you a Family Permit? This my husbands first refusal and the refusals were why short term lease and you dont earn £153 a week. The ecos reasons dont make sense and some are taken from a law from England
Its just damn crazy!!

benfares wrote:Hi Faisal

Did they still issue you a Family Permit? This my husbands first refusal and the refusals were why short term lease and you dont earn £153 a week. The ecos reasons dont make sense and some are taken from a law from England
Its just damn crazy!!

Hello benfares

No they did not. I have submit my appeal and the got my documents and I got confirmation today. on refusal decision letter in the end they written that if my documents (which I showed to Justice) is complete and prove my stance then may be they overturn the original decision and give me the EEA FP. just waiting for the answer.

on other side I have planned to to come on schengen visa with my EU/EEA national wife and try to use Code 1a Stamp on Uk boarder. (I don't know that I can get the Code 1a Stamp on schengen visa)

Hi benfare

how to submit a to SOLVIT and EU Commission?

fasi2530 wrote:Hi benfare

how to submit a to SOLVIT and EU Commission?

The UK Government would say that because you submitted evidence which suggests your wife was in a relationship with someone else they have reasonable grounds to refuse you as being in a sham marriage. In your rejection letter it says that the emails you provided are not addressed to you and some are from a date before you met your wife. Under those circumstances it would be very hard to claim the British government have broken the law.

To answer your other question yes you can get a Code 1A on a Schengen visa BUT you will need to show evidence that you are in a genuine marriage and explain why you sent them information in the past which suggests you are not. Once you show them something you can never take it back again.

There is no loophole or way around it, a Code 1A, FP or EEA FM is for genuine couples only and you need to show that you are one.

Hi Dirk

My husbands refusal doesnt make sense? Dont you think

Can you post the refusal letter?

This £153 thing has me worried, as we used the SS route from Spain. Over there it can be pretty dodgy with less money declared on your payslip and topped up with cash in hand. My payslips only showed 900 Euro a month which is only just over £154 and can be less if the exchange rate alters.

The Decision

You state on your application form that your EEA Spouse is supported by spouse/Partner/other. With your application you have provided a letter from xxxxxxxxxx stating that your spouses employment with this company started on xxxxx and payslips from xxxxxx bank statements have been submitted on xxxxxx covering the period of xxxx. These payments are xxxx.The primary earning threshold is £153 but this has been reached 3 times I am not satisfied that your employment was effective and genuine.
I note email correspondence from xxxxxxx stating that a property was rented from xxxx( 3 months) and that he was informed from onset that tenancy would be of a short term nature.
Based on the above, I am not satisfied that your sponsor has demonstrated she is a qualified person in accordance to regulation 9.I therefore refuse your EEA Family Permit Application because I am not satisfied that you meet all of the requirements of regulation 9 of the immigration (EEA) Regulation 2006.

Its crazy this reason doesnt make sense, what do you guys think. Even though I have a baby its still not enough

Was this employment in Ireland?

This is a Surrinder Singh route application right?

'The intention to obtain an advantage from the European Union rules by artificially creating the conditions laid down for obtaining it.’
It would appear that the above has been applied due to it being apparent from you advising the landlord of a 'short lease' requirement on accommodation that you had no intention to move the 'centre of your life' to Ireland. Vinny recently posted a link to a refusal due to the applicant stating their knowledge of the Surinder Singh route in their application and the prior intention to use this to settle in the UK, thereby 'circumventing the UK Immigration Rules'.
Also regarding the £153 pw earnings: 'is below considered as the minimum required for subsistence',
and employment that is:
not “effective and genuine” and which instead is “purely marginal and ancillary”. For example, a very short period of work or claimed self employment that generated little or no income would potentially be vulnerable to such an accusation.

Casa wrote:'The intention to obtain an advantage from the European Union rules by artificially creating the conditions laid down for obtaining it.’
It would appear that the above has been applied due to it being apparent from you advising the landlord of a 'short lease' requirement on accommodation that you had no intention to move the 'centre of your life' to Ireland. Vinny recently posted a link to a refusal due to the applicant stating their knowledge of the Surinder Singh route in their application and the prior intention to use this to settle in the UK, thereby 'circumventing the UK Immigration Rules'.
Also regarding the £153 pw earnings: 'is below considered as the minimum required for subsistence',
and employment that is:
not “effective and genuine” and which instead is “purely marginal and ancillary”. For example, a very short period of work or claimed self employment that generated little or no income would potentially be vulnerable to such an accusation.

Looks like UKVI IS clamping down and SS route IS getting tougher - like we predicted (well, some of us!)

Wanderer wrote:

Casa wrote:'The intention to obtain an advantage from the European Union rules by artificially creating the conditions laid down for obtaining it.’
It would appear that the above has been applied due to it being apparent from you advising the landlord of a 'short lease' requirement on accommodation that you had no intention to move the 'centre of your life' to Ireland. Vinny recently posted a link to a refusal due to the applicant stating their knowledge of the Surinder Singh route in their application and the prior intention to use this to settle in the UK, thereby 'circumventing the UK Immigration Rules'.
Also regarding the £153 pw earnings: 'is below considered as the minimum required for subsistence',
and employment that is:
not “effective and genuine” and which instead is “purely marginal and ancillary”. For example, a very short period of work or claimed self employment that generated little or no income would potentially be vulnerable to such an accusation.

Looks like UKVI IS clamping down and SS route IS getting tougher - like we predicted (well, some of us!)

FYI Wanderer, here's the link to the 2014 Free Movement article http://www.freemovement.org.uk/home-off ... knows-law/

Casa wrote:

Wanderer wrote:

Casa wrote:'The intention to obtain an advantage from the European Union rules by artificially creating the conditions laid down for obtaining it.’
It would appear that the above has been applied due to it being apparent from you advising the landlord of a 'short lease' requirement on accommodation that you had no intention to move the 'centre of your life' to Ireland. Vinny recently posted a link to a refusal due to the applicant stating their knowledge of the Surinder Singh route in their application and the prior intention to use this to settle in the UK, thereby 'circumventing the UK Immigration Rules'.
Also regarding the £153 pw earnings: 'is below considered as the minimum required for subsistence',
and employment that is:
not “effective and genuine” and which instead is “purely marginal and ancillary”. For example, a very short period of work or claimed self employment that generated little or no income would potentially be vulnerable to such an accusation.

Looks like UKVI IS clamping down and SS route IS getting tougher - like we predicted (well, some of us!)

FYI Wanderer, here's the link to the 2014 Free Movement article http://www.freemovement.org.uk/home-off ... knows-law/

Cheers Casa. There was never any doubt in my mind people are using SS to circumvent UK immigration rules, but while it remained open I don't blame anyone for using it other then a sense of fairness. Is it fair that some can tick the correct boxes and pay all the visa fees and some don't tick the boxes and don't pay any visa fees?

Anyway, no matter, I still think the SS route is perfectly valid for those in the same situation as Mr Singh was.

I have been here, in ireland since 4th of February with my son ( british) and my moroccan husband. I have had 2 jobs since I have been here. Plus I contacted solvit they said no minimum income is required and i stayed longer than 6 months so thats enough to go back to england. Plus my son doesnt receive child benefit and I volunteer as an ESOL teacher. Do you think I am bypassing UK immigration law?

My refusal is just an excuse i had a new tenancy agreement with a new landlord but no the home office did nt bother to look at it!!! Plus my husband works too.

Have SOLVIT advised on how you could appeal the decision?

Yes they told me either submit a new application or appeal i submitted a new application last week, just waiting for the answer. I dont know why they play with people

Dirk wrote:

fasi2530 wrote:Hi benfare

how to submit a to SOLVIT and EU Commission?

The UK Government would say that because you submitted evidence which suggests your wife was in a relationship with someone else they have reasonable grounds to refuse you as being in a sham marriage. In your rejection letter it says that the emails you provided are not addressed to you and some are from a date before you met your wife. Under those circumstances it would be very hard to claim the British government have broken the law.

To answer your other question yes you can get a Code 1A on a Schengen visa BUT you will need to show evidence that you are in a genuine marriage and explain why you sent them information in the past which suggests you are not. Once you show them something you can never take it back again.

There is no loophole or way around it, a Code 1A, FP or EEA FM is for genuine couples only and you need to show that you are one.

Hi Dirk,

Many thanks for your brief reply and I like your full explanations which give me use full information. I think I should tell me back ground first then you will realize that our relation is genuine and honest.

I belongs to from a different family culture and religion. in our religion before marriage relations (physical) not allowed nor in our families. but we use to talk on msn skype get together and like we use different emails to talk to each other, I already mentioned all email addresses in our cover letter and those emails still in our use and if they want to check they can check it. Its clearly mention in regulations that if ECO is not satisfied with the documents they can call us for interview but they said clearly they don't need to interview us. my wife is pregnant now and I submit her pregnancy report in appeal as well.

by using code 1a actually I already waste my 6 months and I want to start my new life now. its already too much time gone and I don't want it more. Our relation is up to 9 years now and when our families agreed on our marriage then we marriage last year. our relation is full genuine and all the proves I have in my hand now the new one is my wife's pregnancy report.

and I am really sorry If I make you feel like I am only looking loopholes. your suggestions and information helped me alot.

Hi benfares,

I told you before the best way round this is a fresh application, you keep asking the same question everyday, it doesn't change the situation.

If you have new supporting evidence I.e new lease and proof of your husbands employment, send in a new application and explain on additional information reason for the previous refusal.

I told you when I sent in my husbands application we sent in proof of both our employment, if you give more documents than you are required to give. It only helps your application and makes your case more believable.

A lot of people are now learning that EU countries are becoming strict and are now finding ways around the free movement.

The huge number of British citizens now availing of the SS route have made the home office tighten up and derived new ways of denying entry to their own citizen and their spouse.

Up to a year ago, you hear cases of people only living in another EU state for 3 months and had no issues going back home, but it's just a different ball game now. First the silly centre of life test and now the income thresh hold.

Good luck with the new application

Finally my husband received his family permit, thanks guys for your help and advice

Congratulations to you both. Thanks for letting us know.

Hello,

Please I need help. My husband's EEA Family Permit was refused on this ridiculous grounds :
A number of invoices have been provided from 11/06/15 until 31/10/15. The amounts received vary and are irregular with receipts not being shown in the provided bank statement. The documents do not demonstrate the income received from you wife's employment. The PET Potential Earning Threshold is £153 per week or £663 per month but it is unclear from the documentation if this has been met. I am therefore not satisfied that the employment is genuine and effective, and that your wife has been exercising treaty rights in accordance with regulation 9.

I provided my personal bank statement which is also serves as my business bank statement however, I did not highlight the sections where I received my self employment payments. I intend reapplying with the same documents and highlighting the payments received from my self employment activities. I have also received some payments by hand and deposited into my bank account so how can they say my self employment is not genuine?