HELP WITH EEA FAMILY PERMIT REFUSAL

Hello,
I am happy to have joined this forum as I have been looking for help for a while. I am from cameroon but I live in italy since 2002. I have met my partner in Italy and after a long friendship we began dating in2004. She moved to the uk to study in 2005 so we had more a distance relationship but she always came in italy to visit. She is italian but her parents are from cameroon like me. I have applied for EEA family permit and I have been refused twice. The first time they said we did not provide enough pictures and emails to prove we have been in contact all these years. So the second time we added many pictures with my partner family as well and lots of email. We have over6000 messages and chats that covers 8 years, but the second time we were refused because we did not provide joint bank accounts, or proof we have been living together for at least 2 years and thus the ECO was not satisfied that we have a serious relationship. We have clearly stated that my partner lives in the UK since 2005 and that we have a distance relationship. When she was in Italy she was obviously living with her parents since when she left she was 21. We also have 3 children together that live with my parner in the uk. My partner comes to Italy every summer for three months and in december, we also submitted all plane tickets for the last 6 years, letters form her family and mine. I don't know what else to give.
We are getting married at the end of november 2013 and I would like to know what documents we will need to provide in support of my application, please.
We have been together for 9 years, we have 3 children if that is not a serious relationship I don't know what it is.
Thank you in advance for all the help.

You have the right to appeal the decision.

I agree with you, and there are lots of caselaws to back it up also, that Durable relationship does not entail living in the same household or a fixed amount of time you should have been in a relationship.

You should certainly appeal, or get married and enter via France.

I feel really sorry about your plight.

I was going to reply to state that it would be difficult to demonstrate that you were durable partners if you did not live together, then I saw the comment about the children. Was the ECO aware of this circumstance?

With whom do the children live?

If you plan on marrying, your rights to documentation would be automatic. You would simply present your passport, your marriage certificate, evidence of spouse's nationality and that they are exercising treaty rights in the UK (e.g. working). Given the previous refusals, I would include evidence that you have children.

Hi oby and thank you for your quick reply. Unfortunately I can no longer appeal as the 28 days rule is past due. I was seeking legal advice on the matter but the fees were over expensive. Would you say that it is better if we get married and apply via France at the Border? Can I follow this route even if we do not reside in France?
I was thinking to apply again, but as this will be the third time I am a bit scared to get rejected again. I will definitely reconsider the France route if I stand more chance to get a visa through that route.
Do you know if the visa will be issued immediately or do we need to wait a few weeks once we apply at the border?
Finally what documents would you suggest that we bring once we are at the France border apary from our mariage certificate?
I am sorry for all these questions, I just want to male sure to get the permit this time.
My partner will be here with our children in Italy at beginning of December and I hope that we will be able to cross the border together.
Thank you again for the advice.

EUsmileWEallsmile wrote:I was going to reply to state that it would be difficult to demonstrate that you were durable partners if you did not live together, then I saw the comment about the children. Was the ECO aware of this circumstance?

With whom do the children live?

If you plan on marrying, your rights to documentation would be automatic. You would simply present your passport, your marriage certificate, evidence of spouse's nationality and that they are exercising treaty rights in the UK (e.g. working). Given the previous refusals, I would include evidence that you have children.

Yes, we provided birth certificates. The children lives with my partner in the UK and they always come in Italy to stay with me and her family.

The children on their own is sufficient, when you get married, that the relationship is a genuine one.

After marriage, you could either give EEA family permit a go, or if you have a lawful residence in Italy, you could go to Calais and seek entry at the UK border.

Obie wrote:The children on their own is sufficient, when you get married, that the relationship is a genuine one.

After marriage, you could either give EEA family permit a go, or if you have a lawful residence in Italy, you could go to Calais and seek entry at the UK border.

I do have indefinite permit of stay for Italy! After our marriage I think we will try to enter theUK through Calais. Will I need to bring the firts two family permit refusal with me? Just in case they ask about the 2 stamp I have on my passport which have been printed each time I appled. Do you think I could be in disadvantage because I have been refused twice? Thank you.

joejoe22 wrote:

Obie wrote:The children on their own is sufficient, when you get married, that the relationship is a genuine one.

After marriage, you could either give EEA family permit a go, or if you have a lawful residence in Italy, you could go to Calais and seek entry at the UK border.

I do have indefinite permit of stay for Italy! After our marriage I think we will try to enter theUK through Calais. Will I need to bring the firts two family permit refusal with me? Just in case they ask about the 2 stamp I have on my passport which have been printed each time I appled. Do you think I could be in disadvantage because I have been refused twice? The stamps don't say that I have been refused a visa, I just have two stamp with the date of my application.
Thank you!

It would be clear to either an ECO or an immigration officer that you had previously been refused visa. Being married to an EU national who exercises throaty rights in the UK would mean that you have a right to live together as a family unit.

Apply, be clear on your circumstances, be clear on your rights.

EUsmileWEallsmile wrote:It would be clear to either an ECO or an immigration officer that you had previously been refused visa. Being married to an EU national who exercises throaty rights in the UK would mean that you have a right to live together as a family unit.

Apply, be clear on your circumstances, be clear on your rights.

Thank you for your reply. Do you know where I can find information about my rights to obtain an EEA family permit, please? So that I can clearly explain why I believe I should be granted an EEA family permit. I want to be very prepared in all aspect of what the law says. Hopefully this time I will be able to join my family! Thank you for the advice. This forum is very helpful, I'm learning a lot!
Thank you again everyone!

joejoe22 wrote:

EUsmileWEallsmile wrote:It would be clear to either an ECO or an immigration officer that you had previously been refused visa. Being married to an EU national who exercises throaty rights in the UK would mean that you have a right to live together as a family unit.

Apply, be clear on your circumstances, be clear on your rights.

Thank you for your reply. Do you know where I can find information about my rights to obtain an EEA family permit, please? So that I can clearly explain why I believe I should be granted an EEA family permit. I want to be very prepared in all aspect of what the law says. Hopefully this time I will be able to join my family! Thank you for the advice. This forum is very helpful, I'm learning a lot!
Thank you again everyone!

here you go read this link
http://eumovement.wordpress.com/2010/08 ... to-travel/

stars wrote:

joejoe22 wrote:

EUsmileWEallsmile wrote:It would be clear to either an ECO or an immigration officer that you had previously been refused visa. Being married to an EU national who exercises throaty rights in the UK would mean that you have a right to live together as a family unit.

Apply, be clear on your circumstances, be clear on your rights.

Thank you for your reply. Do you know where I can find information about my rights to obtain an EEA family permit, please? So that I can clearly explain why I believe I should be granted an EEA family permit. I want to be very prepared in all aspect of what the law says. Hopefully this time I will be able to join my family! Thank you for the advice. This forum is very helpful, I'm learning a lot!
Thank you again everyone!

here you go read this link
http://eumovement.wordpress.com/2010/08 ... to-travel/

Thank you. The link is really helpful, I have actually printed it and I will take it with me to show it at Calais. I am a bit worried to find someone that will refuse to even look at it, but we will clear on our rights. Thank you again for the link. I have found a lot of information on this forum. I will keep you updated.

joejoe22 wrote:

stars wrote:

joejoe22 wrote:

EUsmileWEallsmile wrote:It would be clear to either an ECO or an immigration officer that you had previously been refused visa. Being married to an EU national who exercises throaty rights in the UK would mean that you have a right to live together as a family unit.

Apply, be clear on your circumstances, be clear on your rights.

Thank you for your reply. Do you know where I can find information about my rights to obtain an EEA family permit, please? So that I can clearly explain why I believe I should be granted an EEA family permit. I want to be very prepared in all aspect of what the law says. Hopefully this time I will be able to join my family! Thank you for the advice. This forum is very helpful, I'm learning a lot!
Thank you again everyone!

here you go read this link
http://eumovement.wordpress.com/2010/08 ... to-travel/

Thank you. The link is really helpful, I have actually printed it and I will take it with me to show it at Calais. I am a bit worried to find someone that will refuse to even look at it, but we will clear on our rights. Thank you again for the link. I have found a lot of information on this forum. I will keep you updated.

good luck guys let us know the updates

Thank you for your reply. Do you know where I can find information about my rights to obtain an EEA family permit, please? So that I can clearly explain why I believe I should be granted an EEA family permit. I want to be very prepared in all aspect of what the law says. Hopefully this time I will be able to join my family! Thank you for the advice. This forum is very helpful, I'm learning a lot!
Thank you again everyone![/quote]
here you go read this link
http://eumovement.wordpress.com/2010/08 ... to-travel/[/quote]

Thank you. The link is really helpful, I have actually printed it and I will take it with me to show it at Calais. I am a bit worried to find someone that will refuse to even look at it, but we will clear on our rights. Thank you again for the link. I have found a lot of information on this forum. I will keep you updated.[/quote]
good luck guys let us know the updates[/quote]

Hello Everyone!
I would like to thank everyone who has helped me! I am finally reunited with my wife and children in the Uk!!!
We travelled (me, wife and children all together!) by bus from Italy to France, we got the A code stamp at Calais, it took 4 hours. We travelled end of January 2014. My wife was a bit upset at the beginning: the immigration officer at the beginning was saying that we got married only to allow me to enter the UK. that was really sad to hear especially since me and my wife have 3 children so I don't see how someone could ever say that to a family. We calmed down and at the end the officer realized how pointless everything that was said was and decided to give us the stamp.
If anyone wants to know more details please ask, I'm more than happy to share my experience.
Thank you again everyone!

stars wrote:

joejoe22 wrote:

EUsmileWEallsmile wrote:It would be clear to either an ECO or an immigration officer that you had previously been refused visa. Being married to an EU national who exercises throaty rights in the UK would mean that you have a right to live together as a family unit.

Apply, be clear on your circumstances, be clear on your rights.

Thank you for your reply. Do you know where I can find information about my rights to obtain an EEA family permit, please? So that I can clearly explain why I believe I should be granted an EEA family permit. I want to be very prepared in all aspect of what the law says. Hopefully this time I will be able to join my family! Thank you for the advice. This forum is very helpful, I'm learning a lot!
Thank you again everyone!

here you go read this link
http://eumovement.wordpress.com/2010/08 ... to-travel/

Hello Everyone!
I would like to thank everyone who has helped me! I am finally reunited with my wife and children in the Uk!!!
We travelled (me, wife and children all together!) by bus from Italy to France, we got the A code stamp at Calais, it took 4 hours. We travelled end of January 2014. My wife was a bit upset at the beginning: the immigration officer at the beginning was saying that we got married only to allow me to enter the UK. that was really sad to hear especially since me and my wife have 3 children so I don't see how someone could ever say that to a family. We calmed down and at the end the officer realized how pointless everything that was said was and decided to give us the stamp.
If anyone wants to know more details please ask, I'm more than happy to share my experience.
Thank you again everyone!