EEA Family Permit from Ireland refused, shall i appeal?

eea family permit from ireland refused shall i appeal or re apply new applications?

thanks

eea family permit refused shall i appeal or re apply new application?

thanks

Sorry to hear that brother may I ask u on which grounds you submit you case and what is the refused reasons.

Shahid143g wrote:Sorry to hear that brother may I ask u on which grounds you submit you case and what is the refused reasons.

in

eea family permit

reason wife unemployed
previous refusal for settlement visa
6month staying in ireland not enough
centre of life test not enough
not bought house in ireland
come to ireland to settle and now want to come uk

Hi Dublinhope,

Did you applied on the basis that your wife was execeraing treaty rights? What status you have in Ireland and what documents you submitted to prove centre of life ?

my wife has temp stamp 4 and centre of life test
we provided library card and letter confirming my wife ,s pregnancy,tenancy agreement ,bills

Hi Dublinhope,

I reckon you will need to show a bit more to show center by staying a bit longer, getting residence card of your wife, getting store cards, joining Gym, joining charity events, joining clubs, attending religious places etc.

Hamza2013 wrote:Hi Dublinhope,

I reckon you will need to show a bit more to show center by staying a bit longer, getting residence card of your wife, getting store cards, joining Gym, joining charity events, joining clubs, attending religious places etc.

we applied because some people got it EEA FP after 6months in ireland
now it,s her 3 rd time refusal

I suggest dont re-apply soon as it will show desperation. Please give it few months and try to gather as many evidences as you can.

As you know Uk had the Center of life wrapper therefore the only way forward is to proof.

I wish all the best in this process . . . .

Your wife needs to show that she is 'exercising her Treaty rights' in Ireland. This means through work and paying taxes in the country or studying.

Dublinhope wrote:my wife has temp stamp 4 and centre of life test
we provided library card and letter confirming my wife ,s pregnancy,tenancy agreement ,bills

Your wife don't need to be employed. It is you the British Citizen that needs to be employed. Are you employed at Present?

I think you should appeal the refusal. The centre of life test is not a lawful test that is founded in EU law.

Obie wrote:

Dublinhope wrote:my wife has temp stamp 4 and centre of life test
we provided library card and letter confirming my wife ,s pregnancy,tenancy agreement ,bills

Your wife don't need to be employed. It is you the British Citizen that needs to be employed. Are you employed at Present?

I think you should appeal the refusal. The centre of life test is not a lawful test that is founded in EU law.

I misunderstood the wife to be British as the OP wrote for refusal "reason wife unemployed"

Hamza2013 wrote:I suggest dont re-apply soon as it will show desperation. Please give it few months and try to gather as many evidences as you can.

As you know Uk had the Center of life wrapper therefore the only way forward is to proof.

I wish all the best in this process . . . .

thanks for suggestions
finger crossed

Casa wrote:Your wife needs to show that she is 'exercising her Treaty rights' in Ireland. This means through work and paying taxes in the country or studying.

i am british exercising my rights in ireland ,working and paying taxes,my wife non eu citizen looking after my 2 year toddler home and got stamp4 in late feb this year and that time she was pregnant and not many employer take pregnant women.

Obie wrote:

Dublinhope wrote:my wife has temp stamp 4 and centre of life test
we provided library card and letter confirming my wife ,s pregnancy,tenancy agreement ,bills

Your wife don't need to be employed. It is you the British Citizen that needs to be employed. Are you employed at Present?

I think you should appeal the refusal. The centre of life test is not a lawful test that is founded in EU law.

Note Obie's comment above. I misunderstood your wife to be the British sponsor.

Obie wrote:

Dublinhope wrote:my wife has temp stamp 4 and centre of life test
we provided library card and letter confirming my wife ,s pregnancy,tenancy agreement ,bills

Your wife don't need to be employed. It is you the British Citizen that needs to be employed. Are you employed at Present?

I think you should appeal the refusal. The centre of life test is not a lawful test that is founded in EU law.

I did not specified SURRINDER SINGH on the app,i just put EEA FAMILY PERMIT when we applied
we applied for short visit to show london to my wife
Yes i am working and she is pregnant 24 weeks and looking after my 2year toddler,she got temporary stamp4 in late feb not may employer like to take pregnant women so we did bother looking employment for her
Do you think i can win?it was her 3rd refusal now and i think first uk visa refusal in 2013 settlement visa has affecting her visa now and future.
some of the reason refusal does not make any sense to me

here,s their refusal
5 Reason

1.YOU ENTERED IRELAND 2015 INTENDING TO SETTLE.YOU HAVE APPLIED TO VISIT TO UK UNDER REGULATION 9 AFTER BEING IN IRELAND FOR TOTAL 6MONTHS.DUE TO SHORT NATURE OF YOUR STAY WITH YOUR SPOUCE IN IRELAND I AM NOT STATISFIED THAT YOU AND YOUR BRITISH SPOUCE EVER INTENDED ON SETTLING IN IRELAND AS YOU STATE.
but most of people got it EEA FP after staying least 6months here in ireland

2.I NOTE THAT YOU WERE PREVIOUSLY REFUSED A SPOUSE/CP VISA ON 2013 DID NOT MEET REQUIREMENT.
YOU HAVE SUBSEQUENTLY MOVED TO IRELAND WITH YOUR BRITISH SPOUCE AND NOW INTEND ON ENTERING THE UK UNDER REGULATION 9 BASED ON THIS I AM SATISFIED TO A HIGHER LEVEL OF BALANCE OF PROBABILITIES THAT THIS APPLICATION IS AN ATTEMPT TO CIRCUMVENT THE IMMIGRATION RULES.COM 2009 FINAL GUIDANCE FROM THE EUROPEAN COMMISSION TO MEMBER STATES,ASSERTS THAT IT COULD BE A FORM OF ABUSE TO USE THE SURRINDER SINGH ROUTE SOLELY TO EVADE NATIONAL IMMIGRATION LAWS.

but it is not fair that they refuse my wife,s visa because she applied before and refused by then.

3.YOU HAVE 12 MONTHS RENTAL CONTRACT AN HAVE NOT CHOSEN TO EITHER BUY IN IRELAND NOR HAVE YOU SIGNED A LONGER TERM RENTAL AGREEMENT IN IRELAND.AGAIN CASTING DOUBTS ON WHETER YOUR BRITISH SPOUCE OR YOURSELF INTEND ON SETTLING IN IRELAND AS YOU STATE.
but this refusal is not very clear to me,i do not have 200,000 euro to buy house in ireland

4. YOU BRITISH CITIZEN IS CURRENTLY EMPLOYED SINCE DATE BUT YOU ARE UNEMPLOYED.DUE TO THE ABOVE FACTS IT WOULD APPEAR THAT YOUR SPOUCE OR YOURSELF NEVER INTEND ON STAYING IN IRELAND LONG TERM AS YOU HAVE NOT SUBMITTED EVIDENCE THAT YOU HAVE ATTEMPTED TO OBTAIN EMPLOYMENT IN IRELAND.
THIS CAST DOUBTS THAT YOU AND YOUR SPOUCE EVER INTENDED ON SETTLING IN IRELAND AS YOU STATE.
but in here i will totally stand on caseworker because my wife was waiting her stamp4 until end of feb
without stamp4 she can't work and by end of feb she got stamp 4 but she was pregnant18to 20 weeks pregnant also she looks after toddler

5.YOU HAVE SENT LIMITED EVIDENCE OF A TRANSFERRAL OF CENTRE OF IIFE AWAY FROM THE UK FOR YOU SPOUCE.YOU SEND LIBRARY CARS AND MEDICAL RECORDS.BASED ON LIMITED NATURE OF EVIDENCE OF TRANSFERRAL OF CENTRE OF LIFE AWAY FROM THE UK FOR YOU SPOUCE, I AM NOT SATISFIED THAT YOU REGULATION9 HAS BEEN MET.
but i don't know what they asking for my wife is pregnant due to july in that case can we meet
also we speak same language

THEREFORE I REFUSE YOUR EEA FAMILY PERMIT APPLICATION/REGULATION 9 OF THE IMMIGRATION EEA REGULATION 2006/

That guidance is not law. AKRICH is law.

AKRICH says that moving to another member state for purpose of exercising right and moving back, is not an abuse.

These people are really stupid ..

Obie wrote:That guidance is not law. AKRICH is law.

AKRICH says that moving to another member state for purpose of exercising right and moving back, is not an abuse.

These people are really stupid ..

what shall i appeal against each refusal by formal way?

there is one member here who applied eea FP refused 2times and got it on 3rd time
looking that member,s name in this board,forgotten

Dublinhope wrote:there is one member here who applied eea FP refused 2times and got it on 3rd time
looking that member,s name in this board,forgotten

As each case is unique that kind of approach is unlikely to help; 3rd time lucky is not going to work for everybody every time.

What is required is an application that meets the requirements and is supported by good and indisputable (if not unimpeachable) documentary supporting evidence.

Plus the willingness and deep pockets to take it to the next level.
That is if/when HO plays hard ball and wants to take it to the wire with its somewhat controversial application of various wrappers around the purer, cleaner fundamental EU law.

anyone had appeal experience in EEA FAMILY PERMIT for uk visa?

Once your appeal is filed, they will have 28 days to reply, and the decision may well be overturned.

Hi Dublinhope,

Please do update us with your appeal,

Hamza2013 wrote:Hi Dublinhope,

Please do update us with your appeal,

not yet appealing
still thinking