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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.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Re: Has anyone been refused UK Entry?

Post by 86ti » Thu Aug 05, 2010 1:04 pm

englishman9 wrote:I would think that a refusal would not effect entry as entry is an EU right but EEA FP is just a UK Visa in disguise flounting EU Law.
Member states are allowed to insist on entry visa as per Article 5(2) of the Directive unless the non EEA spouse holds a RC. The 'funny' bit regarding the UK is that they won't accept RCs other than their own but follow the MRAX case (at least on paper). The border forces are instructed accordingly in the Border force operations manual (being updated at the moment).

Your spouse certainly does have a right to enter but only if the marriage is genuine. As the UKBA is responsible for both visa issuance and border control I wouldn't be suprised if your case is in a database and can be accessed by border forces as well. But perhaps this is just me speculating.

chuni8
Newly Registered
Posts: 7
Joined: Wed Jul 07, 2010 5:15 am

How was it solved?

Post by chuni8 » Wed Oct 06, 2010 10:35 pm

Hi Abracadabra, we are in a similar situation and would like to know what decision you finally made and which were the results.

Thanks!

Chuni

englishman9
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Posts: 29
Joined: Fri Jul 30, 2010 4:59 pm

We have re-applied for the EEA Permit again with photos of u

Post by englishman9 » Fri Oct 08, 2010 3:48 pm

We have re-applied for the EEA Permit again with photos of my wife and I together but no real proof of our living at the same address which is what they wanted and Signpost told me they couldn't do anything except take the case to EU court but they didn't want to do that until we re-applied for the EEA FP again. Now we are waiting 3 weeks later for the decision.

PM me for more info or post on here

abraCadabra
Junior Member
Posts: 50
Joined: Fri Jul 16, 2010 11:42 am
Location: outside EU
Contact:

Post by abraCadabra » Thu Oct 21, 2010 5:40 am

Hello there!
Today i've got my EEA FP finally.
I reapplied with a new set of documents in the end and my husband changed a job since summer, so the new confirmaitons was good for Embassy i guess.
Thanks to everybody!!! :D

Kristof
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Posts: 23
Joined: Sun Mar 20, 2011 7:19 pm

Post by Kristof » Sun Mar 20, 2011 7:27 pm

Hello everyon!
Can you help me guys and write me some example how does that letter should look like PLEASE.
What are the requairments regarding employment and accommodation for Family permit?

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Mon Mar 21, 2011 8:19 am

Kristof wrote:Hello everyon!
Can you help me guys and write me some example how does that letter should look like PLEASE.
What are the requairments regarding employment and accommodation for Family permit?
You have to give much more detail about your situation before anybody can advice you. Besides, I recommend to open your own thread unless your query is closely related to the one here.

The letter should simply state that the non-EEA national either travels with or joins the EEA national at a later date. There are no accommodation requirements, employment only if the EEA national is already in the UK for 3+ months.

I recommend to read through this forum as questions like yours come up here on a near weekly basis and have been answered in all detail.

tjcool
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Posts: 1
Joined: Wed Mar 23, 2011 8:08 am
Location: uk
Contact:

pls help

Post by tjcool » Wed Mar 23, 2011 8:28 am

I applied for residence card my wife is eea from germany I was refused and I was sent an appeal form . I went for the first hearing the jusge adjourn the case. Can somebody tell me what to do, should I withdraw the appeal and make new application? Or what should I do

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Re: pls help

Post by 86ti » Wed Mar 23, 2011 8:39 am

tjcool wrote:I applied for residence card my wife is eea from germany I was refused and I was sent an appeal form . I went for the first hearing the jusge adjourn the case. Can somebody tell me what to do, should I withdraw the appeal and make new application? Or what should I do
See the posting just above yours: no details, unrelated topic.

SRAQAI
Member
Posts: 193
Joined: Thu Jul 07, 2011 8:33 pm

Post by SRAQAI » Fri Apr 06, 2012 3:26 pm

Directive/2004/38/EC wrote:
After the first 3 months, he either needs to be working or actively looking for work. Either is fine.
Hi, sorry to bring up an old thread!

Is this the case, when a British Citizen is in France and a non EU/EEA Spouse wants to apply for a Family Permit to return to the UK, under Surinder Singh? I.e, if the British Citizen is actively looking for work, AFTER the first 3 months of living in France, is that still seen as an 'economic' activity in order to qualify for the EEA Family Permit?

Thanks.

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 7:22 pm

Post by EUsmileWEallsmile » Fri Apr 06, 2012 9:22 pm

SRAQAI wrote:
Directive/2004/38/EC wrote:
After the first 3 months, he either needs to be working or actively looking for work. Either is fine.
Hi, sorry to bring up an old thread!

Is this the case, when a British Citizen is in France and a non EU/EEA Spouse wants to apply for a Family Permit to return to the UK, under Surinder Singh? I.e, if the British Citizen is actively looking for work, AFTER the first 3 months of living in France, is that still seen as an 'economic' activity in order to qualify for the EEA Family Permit?

Thanks.
Probably not. Working or self-employed for a reasonable period of time would work.

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