EEA1 refusal for Indian husband, slovakian wife..please help

Ben · Post by **Ben** » Thu Feb 04, 2010 3:20 pm

Slightly.

In fairness to the OP, I think there is a bit on confusion on both parts.

The OP may have volunteered too much and irrelevant information on the application form, and/or when the ECO decided the application (wrongly) and gave his (wrong) reasons, the OP may now feel the need to supply more irrelevant information.

The visa applicant should make explicitly clear that he is applying for an EEA Family Permit for the purpose of entry to the UK in the company of the EEA national of whom he is a family member. Evidence should be provided of his relationship with the EEA national, together with a note, perhaps, reminding the ECO of the right of the applicant and of the EEA national to enter the UK and reside there for up to three months without any conditions or formalities other than the requirement to hold a valid passport (or National ID card, in the case of the EEA national).

No further information should be provided.

katka1311 · Post by **katka1311** » Thu Feb 04, 2010 3:43 pm

hi Benifa...it really sounds very simple, and I do believe, that we maybe provided uneceserry info, but we tried to answer the questions on the form..so what do you suggest...
letter to ECM first to review the decision or new application /I have no idea how to modify it, or change the info on it/
thanks for your insights..

86ti · Post by **86ti** » Thu Feb 04, 2010 3:47 pm

I personally think that the ECM should be made aware of the situation but you may just as well make a new application with a strong cover letter. You can just do both at the same time.

Ben · Post by **Ben** » Thu Feb 04, 2010 3:58 pm

86ti wrote:I personally think that the ECM should be made aware of the situation but you may just as well make a new application with a strong cover letter. You can just do both at the same time.

I agree. katka1311, it's ok to leave blank sections on the VAF5 which are irrelevant.

86ti · Post by **86ti** » Thu Feb 04, 2010 4:08 pm

benifa wrote:
86ti wrote:I personally think that the ECM should be made aware of the situation but you may just as well make a new application with a strong cover letter. You can just do both at the same time.
I agree. katka1311, it's ok to leave blank sections on the VAF5 which are irrelevant.

Which in practice means most sections... (And, I just see they still use the term 'sponsor' in the form...)

katka1311 · Post by **katka1311** » Thu Feb 04, 2010 6:03 pm

Hi all...thank you for all of your advices, I really need them..here is the letter to the ECM and I would like you to read it, give any comments, suggestions what do I miss or should include in it...please read..

To the attention of the Entry Clearance Manager,
Dear sir.

I just received a refusal of my EEA family permit application reference number: MSAC/130110/000031/1 which I applied for under EEA Regulations.

The ECOâ€™s reasons and supporting evidence is the following:

â€œYou, and your Slovakian wife and your daughter propose to settle in the UK permanently. Although you have funds in India, you must show that your EEA national is economically active in the UK. You have not evidenced this and therefore I must refuse your applicationâ€

86ti · Post by **86ti** » Fri Feb 05, 2010 1:19 pm

Looks ok though you may want to make clear that when you refer to 'regulations' you mean the EEA Regulations 2006.

katka1311 · Post by **katka1311** » Fri Feb 05, 2010 5:08 pm

Hi 86ti...
thanks for helping me with this..I really appreciate it very very mych...
well....I've just sent the e-mail this morning...let's see what happens....you are right, I should have mentioned which regulations I'm reffering to, but again, at the beginning I made it clear that I applied under the EEA Regulations....well, hopefully the ECM will get my point...
one more thing...do you think they kept our application form, or entered in the comp and how about the supporting doc? do they usually make copy of them? because they've returned them to us, except the application..I am just wondering in case they ask us to fax a copy of the application we do not have nothing in our hands..

86ti · Post by **86ti** » Fri Feb 05, 2010 7:41 pm

They certainly keep everything on file. The most important point now is to make yourself understood to the ECM. Just wait for their answer.

katka1311 · Post by **katka1311** » Sat Feb 06, 2010 4:05 am

all right...lets wait..and see..one more question/ sorry my mind is going crazy now, just cannot cool down/ do you think I should fax the letter aslo, or the e mail should be enough?

86ti · Post by **86ti** » Sat Feb 06, 2010 8:27 am

It's probably not a bad idea to fax it too.

katka1311 · Post by **katka1311** » Sat Feb 06, 2010 11:18 am

Hi 86ti..
see what I've found on the Chapter 3 http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary of the HO's webs:
1.3 Relevant rights given by Directive 2004/38/EC
Initial period of residence
EEA nationals and their family members are entitled to come to the UK for an initial period of 3 months without the requirement to exercise a Treaty right. Should the EEA national wish to live in the UK on a longer-term basis s/he must be a qualified person. Please see Chapter 1 for more information on â€œqualified personsâ€

Post by **Directive/2004/38/EC** » Sun Feb 07, 2010 7:01 pm

katka1311 wrote:is the problem that we both do not work at the moment here in India/ we came here from US to apply, so my husband left his job, and I was home with our baby/, but now that she is passed 2yrs I can work, and this is what I WANT to do in England...so does my husband...just do not know how to put all this in the VAf5 app form..

Why did you decide to go to India to apply rather than doing it in the US?

As I understand what you have said, what you are doing is planning to go to the UK to explore and to find work. I assume that if it works out well, and you find work, then you may decide to stay. And if you do not find work, then you may not stay. Is this right?

katka1311 · Post by **katka1311** » Wed Feb 10, 2010 8:39 am

Hi, my husband and I did not have legal papers in US /however our case was still in progress with the lawyer/, that is why we decided to come to India, as far as I understood you have to apply in a country where you are legally resident..about UK...we do want to work there, and I am sure if there is a will there is a way also....if not right away both of us, but maybe in couple months.....

86ti · Post by **86ti** » Wed Feb 10, 2010 8:44 am

katka1311 wrote:Hi, my husband and I did not have legal papers in US /however our case was still in progress with the lawyer/, that is why we decided to come to India, as far as I understood you have to apply in a country where you are legally resident

You do not have to be legally resident, see http://www.ukvisas.gov.uk/en/ecg/eunati ... t#13627112 .

katka1311 · Post by **katka1311** » Wed Feb 10, 2010 10:32 am

maybe, I misunderstood....I also went in NY back then to the British HC and they were asking for permits to stay in NY, but we did not have any,only our B2 visas...does not matter anymore, we are here in India..we have to figure out our way from here....besides that I am still hoping for the answer from the HC, lets see if they write back...towards the end of the month if nothing happens I will try to reapply again, but I doubt that they will believe me, that this time we want to go for a "visit' only....

86ti · Post by **86ti** » Wed Feb 10, 2010 11:19 am

katka1311 wrote:II will try to reapply again, but I doubt that they will believe me, that this time we want to go for a "visit' only....

You do not have to declare at all why you want to got to the UK, neither do you have to tell them how long you are going to stay.

katka1311 · Post by **katka1311** » Wed Feb 10, 2010 1:11 pm

so the answer is to the questions on the very first page: purpose of your visit, how long you intend to stay and date you want to go...just leave blank, as you have suggested before?

katka1311 · Post by **katka1311** » Wed Feb 10, 2010 1:14 pm

and page 4, q:6.3 have you ever been refused to a visa for any country inc the UK in the past 10 yrs..do we have to mention our refusal of EEA ?

86ti · Post by **86ti** » Wed Feb 10, 2010 1:22 pm

Yes, I think you can leave many parts of the VAF5 form simply blank. You may also want to mention the refusal (they obviously know about that anyway). But in any case write a cover letter explaining why you did it and also why you think you can do it that way. Refer again to the previously mentioned law.

Post by **Directive/2004/38/EC** » Wed Feb 10, 2010 2:38 pm

You should definitely mention the visa refusal. But it should not be a big deal.

I have a couple of questions:
(1) Are you filling out paper application forms, or are you doing them online?
(2) When do you want to go to the UK?

katka1311 · Post by **katka1311** » Thu Feb 11, 2010 7:22 am

[quote But in any case write a cover letter explaining why you did it and also why you think you can do it that way. Refer again to the previously mentioned law.[/quote] what do you exactly mean, 86ti? why did I apply again? that is what you mean..sorry, sometimes I am a bit slow...

katka1311 · Post by **katka1311** » Thu Feb 11, 2010 7:25 am

Answers to your questions:
1. we filled the appl on paper. is it better online? what aare the benefits if we fill them out online?do they still have to be printed out on paper?
2. we were planning to go first or second week of March.

Post by **Directive/2004/38/EC** » Thu Feb 11, 2010 12:02 pm

Paper is fine. Actually it is better since you can put the answers you want rather than answering what they insist you must answer.

Why wait until March? Why not submit a new application tomorrow?

katka1311 · Post by **katka1311** » Sat Feb 13, 2010 5:57 pm

Well, I am hoping that the ECM will read my letter, and somehow change his decision..they said, they will answer in 20 days to my mail, but it was just an automati response. so maybe I am waiting unneceserly, maybe I should apply right now....but than again, they say that if our circumstances did not change there is a big chance of a refusal again...
and honestly, nothing has changed in our circumstances, we are just two people /and our daughter/ who want live and work in a country where we have every right to do so. so i am very afraid, and confused as you could see my previous post how , and what to submit in our new application..how to change our circumstances...would YOU suggest to pretend that we are just visiting? e.g. for 3 months...
I am so sorry everyone who has been reading this thread, I know I keep asking the same questions, but the reason is that this is a big headache for me, and I just want to do the things the right way. With my first application I was very honest and straightforward, did not hide anything, but now, I have to make up stories, in order to get this permit..deep inside I am very disappointed.
Besides all, do you think the ECM actully WILL read my mail/fax/ or the mail did not even get to him..how can I check this?

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EEA1 refusal for Indian husband, slovakian wife..please help