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EEA Family Permit Refusal !!!!

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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benfares
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EEA Family Permit Refusal !!!!

Post by benfares » Thu Aug 06, 2015 6:45 pm

Hi guys

Unfortunately, my husbands EEA family permit was refused yesterday and I felt a bit sad not only because it was refused but because of the most strange reason and this one is a new one:

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

alphagear
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Re: EEA Family Permit Refusal !!!!

Post by alphagear » Thu Aug 06, 2015 10:45 pm

I think you should wait a couple of months and try again.

Also pretty sure you dont need to provide bank statements.

Someone else can confirm this.

benfares
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Posts: 182
Joined: Tue Apr 01, 2014 2:00 pm

Re: EEA Family Permit Refusal !!!!

Post by benfares » Thu Aug 06, 2015 11:22 pm

Hi

I just read on the gov.uk website the £153 income threshold does not apply to me as I am a British citizen but too an EEA migrant already in the UK.

The officers need a further course and training in issuing permits I can do a better job than them. Lol

alphagear
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Joined: Thu Sep 11, 2014 9:33 am

Re: EEA Family Permit Refusal !!!!

Post by alphagear » Thu Aug 06, 2015 11:30 pm

Im surprised they mentioned that since ireland currency is euro.

Well they can get away with it since youre out of country.

In uk you could appeal which makes it harder to refuse.

kunfayakun
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Joined: Tue Apr 21, 2015 9:54 am
Location: UK

Re: EEA Family Permit Refusal !!!!

Post by kunfayakun » Fri Aug 07, 2015 12:25 am

benfares wrote:Hi guys

Unfortunately, my husbands EEA family permit was refused yesterday and I felt a bit sad not only because it was refused but because of the most strange reason and this one is a new one:

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
Usually UKBA intentionally refuse even if we give proper documents, you don't have to provide them bank statements you know?! And the reason for refusal would never effect EU law, you better straight drive to Belfast and get a flight to London and apply EU2 from there, that's the best way for you to do so because I'm having that plan too, no family permit straight away to Belfast from Ireland and from there applying EU2.
Stay blessed
Kunfayakun

adedayoh
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Re: EEA Family Permit Refusal !!!!

Post by adedayoh » Fri Aug 07, 2015 11:53 am

sorry to hear about the refusal benfares. i guess they are just being really strict now that they know more ppl are using the ss route
as i told u for my husbands application, i gave alot more than required because i wanted to make sure they are fully convinced
when we did my husband application 3 weeks ago we sent the following documents
passports
marriage cert
both our bank statements
husbands payslip and my payslip
rent agreement
contract of employment
return ticket to dublin

i know its not necesary to give so much but it saved us the stress

i think one of the issues with your application is the fact that your landlord told them ur lease is short term and that he was informed that it was going to be short from the onset.

only think i can say is reapply, and include as much documents as you can and hopefully they will nicely say yes

benfares
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Re: EEA Family Permit Refusal !!!!

Post by benfares » Fri Aug 07, 2015 12:07 pm

I told the landlord because i had a baby and he will need space three people cant live in a one bedroom flat for one year then he wrote me a reference saying you need a child friendly place home office didnt bother to read that email its a joke!! For the second reason of the refusal they say i need to earn £153 pounds but this applies not to me but eea migrants already in the uk i read this on gov.uk website its crazy the refusal.

robsters
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Re: EEA Family Permit Refusal !!!!

Post by robsters » Fri Aug 07, 2015 9:23 pm

Whats the story with the 153 pound thing ? that sounds odd. do the uk immigration need the property owners contact details? as we live with our land lord but we dont have a formal agreement as its just a friend of the family how should we cover this, we submitted ours today and going for interview next wednesday

TomasG
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Re: EEA Family Permit Refusal !!!!

Post by TomasG » Sun Aug 09, 2015 9:54 am

I am so sorry to hear that benfares . That refusal makes no sense to me. I have read over your post many times as well. It seems that the officer who looked over your application was indeed not trained properly. 153£ what the hell is up with that?!!! Can you please tell us what you sent as supporting documents. If I were you I would get an immigration lawyer. This is making me a bit nervous because it does seem like they are being tough on the SS route for no reason. I might also get a lawyer here in Ireland just to avoid any headaches. Please keep us up to date. Thank you

benfares
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Re: EEA Family Permit Refusal !!!!

Post by benfares » Sun Aug 09, 2015 12:17 pm

I dont need a lawyer, I contacted Solvit and did everything on my own I dont need one lol.Plus I will apply again next week. :D
Basically for supporting documents, I submitted:

Original marriage certificate
husbands passport
copy of my passport and sons (both british)
Copy of my birth certificate and sons
Job contract, bank statements, payslip, tax credit
tenancy agreement
bills in my name and husbands
Gp letter and prescription

Still they refused it :cry:

adedayoh
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Posts: 170
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Re: EEA Family Permit Refusal !!!!

Post by adedayoh » Sun Aug 09, 2015 1:13 pm

hey benfares,

that is alot of documents but as i said the reason for the refusal is definately because the landlord said u have always wanted short lease

good idea to apply again, this time explain in a short letter that your lease is only temp because you have a baby and the landlord said the accomodation is too small but he only gave u a short lease so that you can look for a bigger place
so atleast that clears the air on that matter.

the documents u have are more than sufficient so this time, the letter should do it

dont get stressed bout it ok.

benfares
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Posts: 182
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Re: EEA Family Permit Refusal !!!!

Post by benfares » Sun Aug 09, 2015 6:11 pm

Hi Adedayoh

Hw are you? I am quite stressed especially with the little one, he misses his aunts and my mum and everyone. I proved the centre of life test i took my son lol they are crazy home office . Plus i do volunteering as an esol teacher teaching europeans as well as non-europeans

alphagear
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Re: EEA Family Permit Refusal !!!!

Post by alphagear » Mon Aug 10, 2015 12:35 am

Are bank statements neccessary for an employed person?

adedayoh
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Re: EEA Family Permit Refusal !!!!

Post by adedayoh » Mon Aug 10, 2015 6:46 am

Nope but if u can include it, it shows ur salary going in the account and that is an additional proof that you are working

benfares
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EEA Family Permit refusal reasons?

Post by benfares » Sun Aug 16, 2015 4:12 pm

Hi Guys

I wanted to know what are the main refusal reasons for a EEA Family Permit?

Thanks :D

adedayoh
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Re: EEA Family Permit refusal reasons?

Post by adedayoh » Sun Aug 16, 2015 5:36 pm

Reason are unique to each situation, I don't think there are any set refusal list. Each case is accessed and reasons are given based on the facts of the case

benfares
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Re: EEA Family Permit refusal reasons?

Post by benfares » Sun Aug 16, 2015 7:19 pm

My husbands refusal doesnt make sense. So I am a bit confused. The two refusals dont make sense.

First refusal I dont earn £153 and the second refusal I informed the landlord of a short term lease because of my 12 month old son and me and my husband.

chaoclive
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Ireland

Re: EEA Family Permit refusal reasons?

Post by chaoclive » Sun Aug 16, 2015 8:20 pm

benfares wrote:My husbands refusal doesnt make sense. So I am a bit confused. The two refusals dont make sense.

First refusal I dont earn £153 and the second refusal I informed the landlord of a short term lease because of my 12 month old son and me and my husband.
I guess the short term lease gave it away that you were planning to do Surinder Singh and, therefore, were not moving your 'centre of life' to Ireland (perhaps because you were not planning to stay long term)?

I'm sure you know that this is the Ireland section of the forum. I'm sure you would get more of a response if you were to post on the EEA route section under the UK part of the forum.

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Casa
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Re: EEA Family Permit refusal reasons?

Post by Casa » Sun Aug 16, 2015 8:26 pm

The £153 pw equivalent is intended as a bench mark for a sustainable income. A means of determining whether you are genuinely employed in the EU member state. Assuming your thread is referring to the SS route).
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

benfares
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Re: EEA Family Permit refusal reasons?

Post by benfares » Sun Aug 16, 2015 8:44 pm

I have been here in Ireland for nearly 7 months with my husband and 12 month old son. But solvit told me no minimum income is required under eu law

benfares
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Re: EEA Family Permit refusal reasons?

Post by benfares » Sun Aug 16, 2015 8:45 pm

It does not say it anywhere under 2006 eea regulations or SS

benfares
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EEA Family Permit refusal reasons?

Post by benfares » Sun Aug 16, 2015 8:55 pm

Hi guys

My husbands application for a EEA Family Permit has recently been refused due to two reasons:

1. I dont earn £153 a week, because I worked part-time and i had two jobs.

2. My landlord was informed at the start of the tenancy of a short term lease. This was because i hve a 12 month old baby and husband were living in a one bedroom flat. The home office never bothered to look at my new tenancy in a 3 bedroom house with the landlords information. Plus I have been living in Ireland for over 7 months.

Does this refusal make sense?

benfares
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Re: EEA Family Permit refusal reasons?

Post by benfares » Sun Aug 16, 2015 8:57 pm

I am currently going through the Surinder Singh route as I am a British Citizen

adedayoh
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Re: EEA Family Permit refusal reasons?

Post by adedayoh » Mon Aug 17, 2015 7:39 am

I know the fund doesn't come under the law but as you may know yourself, each country applies and interprets the law the way they want
There's been several arguments about the validity of the centre of life test yet nothing's been done about it
I guess it's just a matter of common sense that if a person says they work n live permanently in a country you should at least earn enough to sustain yourself and family.

£153 rule is absurd but I guess that's UK way of making life a lil harder for people availing on the SS route. Technically that's about £600monthly. Even if u r on min wage working 15hrs weekly you should earn that.

That's why I said the refusal is tailored to each case, as some clearly said ur short lease is a red flag that you haven't satisfied centre of life.

It's hard to completely understand how the case workers think but whenever I have to apply for anything I give way more documents that required.

Good luck with the new application

fasi2530
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Location: Newcastle, Tyne and Wear

Re: EEA Family Permit refusal reasons?

Post by fasi2530 » Mon Aug 17, 2015 7:26 pm

Hi

You know what . they are just playing with the regulations and giving non sense refusal decision which does not make any sense. I had this problem 3 times in 6 months I got refused my EEA FP 3 times and if you see the refusal decision you will be amazed that the 3rd refusal was just because I use different email addresses and my wife call me in emails "Dear Ma husband " and sign of " your wife". at the time when she was my girl friend.

after that I appealed it as they just refusing the application no matter how many documents you going to attach with the application. if you want to see my refusal you can see the link and then you will find what they are doing.

follow the link

http://www.immigrationboards.com/eea-ro ... l#p1222872
Faisal

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