Please help, EEA application denied due to regulation 9?????

Hello, we have just received the news that our application for an EEA family permit has been denied and we need some help to figure out why and what we need to do to make sure it doesn't happen again.

It says "In accordance with Regulation 9 of the Immigration (EEA) Regulations 2006 as the family member of a British national who has been/was previously working or self-employed in another Member State. However, in view of your failure to provide documentary evidence that the British citizen is/was working or self employed in another member state prior to returning/coming to the UK."

Here is our story:-

I am a British Citizen and my husband is Brazilian. We both live legally in Spain. I am currently on unemployment benefits here in Spain for the first time in my life (I am 32 years old). We didn't send any of my work contracts with the visa application as we just didn't think of it. I didn't think I could be a problem as I am English.

I am not sure if the refusal of entry is because I am unemployed, if it is and I go out and get a job (any job I can) will they accept our application?? If I don't get a job and just I send every work contract and pay slip I have from the last 9 years here in Spain will that be enough? There are no jobs here where we live, that is why we want to go to the UK!

Im stuck between a rock and a hard place. I don't know what to do now. Any help would be seriously appreciated.

lhb9879 wrote:It says "In accordance with Regulation 9 of the Immigration (EEA) Regulations 2006 as the family member of a British national who has been/was previously working or self-employed in another Member State. However, in view of your failure to provide documentary evidence that the British citizen is/was working or self employed in another member state prior to returning/coming to the UK."

[...]

We didn't send any of my work contracts with the visa application as we just didn't think of it. I didn't think I could be a problem as I am English.

That's exactly the problem. I would think it is very obvious what you have to do now: include evidence that you have been a worker in Spain in your next application.

Yes. Proof of "was so residing" is sufficient.

EU law applies to you on the return to the UK only because you have been (in the past) working there. So include proof of having worked, and do a new application.

I believe evidence of past employment as well as evidence of your Permanent resident certificate should suffice. As pointed out already you are not required to be in employment at the time of application.

Thank you very much everyone, I feel alot better now about what I have to send with our next application. Thank you again, I hope I can return the favor at some point

Dear all,

May I seek some advice, I am a british citizen living in Spain, I have moved here to be with my partner (Non European national) 3 years ago we have a beautiful daughter now, I have worked for a year and a halfhalf I had to look after my daughter as my wife to be was earning much more than I was. Previously we applied for a visiting visa to visit the UK, few weeks ago we applied for a family visa to revisit, however, we have decided to go back to live in the UK now. My questions are:
1) can we still apply through the SS route having been granted the visiting visa?
2) as she's entitled to her tax contribution when she leaves the country with a condition to give back her residency card in Morocco (country of origin) to receive the remaining 60% can we travel to the UK from Morocco having applied from Spain? And with the EEA family permit can she travel freely from the UK to Morocco on that 6 month period?

Your advice and guidance is very much appreciated.

[quote="ben72"]Dear all,

May I seek some advice, I am a british citizen living in Spain, I have moved here to be with my partner (Non European national) 3 years ago we have a beautiful daughter now, I have worked for a year and a halfhalf I had to look after my daughter as my wife to be was earning much more than I was. Previously we applied for a visiting visa to visit the UK, few weeks ago we applied for a family visa to revisit, however, we have decided to go back to live in the UK now. My questions are:
1) can we still apply through the SS route having been granted the visiting visa?
2) as she's entitled to her tax contribution when she leaves the country with a condition to give back her residency card in Morocco (country of origin) to receive the remaining 60% can we travel to the UK from Morocco having applied from Spain? And with the EEA family permit can she travel freely from the UK to Morocco on that 6 month period?

Your advice and guidance is very much appreciated.[/quote

hi ben72

has your wife been granted a eea family permit for 6 months to enable her to travel with you to the UK?
if so then as far as my understanding,once you arrive in UK she needs to apply for her eea family permit residences card using the (surinder singh) route which is vaild for 5 years. sorry not sure about no.2

hope this helps

Hi,
We have applied for the family visa by mistake, we will find out on Monday if the application has been successful.
If yes can we use it and apply for the EEA family permit in the UK? If not how long do we need to wait before we can reapply?