i need urgent advice about my refusal of EEA family permit.

[bdpolska]

Hello everyone !

Recently i got refuse for EEA family permit. I have polish wife and also i have 1 child who have 9 months. We are married for one and half year. we are together about 3 year. I have polish residency card.my child have polish passport. I am from a visa required country (south Asia). We are livung in POland. i have submitted the following documents:
1.Marriage certificate with translate copy
2. Child's birth certificate with translate copy
3. my residency card with translate copy
4. Latter from my wife that she will visit with me in uk with our child and she will bear all expenses
5. my child's passport copy
6. my wife's ID card
7. some picture of my marriage.
8. 1 address in uk.

Note : My wife is in Poland with me. i wrote her current employment circumstance is job seeker. Because she was looking for job and have some email as evidence. but i read after in UKBA website that job seeker means who already in uk and looking for job. Is this any reason for my refusal ????

But i got refused. ECO wrote that :

Your wife stated in her supporting latter that she would bear all expenses during your visit of UK. The fact that she has not declared a similar intention to you, leads me to suggest that she will accompany you to the UK, in order to fulfill the requirement of the EEA Family permit, but then to return to Poland – a practice that is not considered within the spirit of the EEA Regulation.

You have not provided any evidence that your wife has a genuine chance of being engaged in the UK, if indeed it is her intention to join you for a longer term. Details of her CV and Qualifications, her English skills, Potential job leads and / or interviews for employment are all examples of how the EEA nation can demonstrate this. I am therefore not satisfied that your wife is a qualified person. Your EEA family permit application is refused because I am not satisfuthat you meet all of the requirements of Regulation 12 of the Immigration ( European Economic Area ) Regulation 2006.

I dont want to appeal because it take 5-6 months time.

I have another question, Can i fly together with my wife and child to uk for a port entry visa as i read 1 law in UKBA website about CODE 1A.

I will be so happy if any one give me some good ideas. Thanks.

[Jambo]

Please only post one message. There is no need to copy it four times in different places.

It is not clear from your story what are your intentions - do you just want to visit the UK or move permanently there.

The refusal letter is quite clear in what you need to do. It seems that your intentions were not very clear in the application which made the ECO to make some assumptions which led to the refusal. Just reapply and explain your case. In particular:
- Explain that your wife will be with you during your stay in the UK.
- For the first 90 days, you wife doesn't need to exercise treaty rights in the UK so she doesn't need to be a qualified person. So as long as your explain that you are aware of this restriction, you should not be refused.

[bdpolska]

Thanks Jambo for the advice. and i am sorry that 4 times i post my messege because i am a new user of this foram. i thought may be nobody will see my message if i post 1.

You are right that my application was not clear. but my wife wrote that she will visit with me in uk with our child. and i also know that 1st 90 days she no need to be qualified person. and its also true that i didn't provided any information about my wife. i thought my wife's information will not be necessary. However, we intend to live permanently in uk.

I also planing to reapply as soon as possible . and i am thinking to give all information and fulfill the reason of my refusal. The following supporting documents i will submit :

1. 1.Marriage certificate with translate copy
2. Child's birth certificate with translate copy
3. my residency card with translate copy
4. latter from my wife that she will accompany me in UK and she understand her right under the Directive 2004/38/EC (esp. Article 6).
5. my child's passport copy
6. my wife's ID card
7. some picture of my marriage.
8. e mail evidence of my wife that she is looking for job and applied to many vacancy.
9. CV of my wife and written that her English skills is good as English is our common language.
10. Email evidence that we also looking accommodation for us.
11. E mail evidence that i am also looking for job.
12. another latter from my wife that she will bear my all expenses during my tour.
13. we have a confirmed temporary accommodation in my relatives house for couple of days until we arrange our rented accommodation for us. this address of my relatives and his mobile number.
14. one bank latter from my wife's account that she about 2500£

May be i am planing to give too many documents. I am going to do this because last time they gave me refusal latter lacking of relevant supporting documents.

What should i write in my wife's current employment circumstances, Job seeker ?

Please advice me my dear friends. Many many thanks.

[86ti]

4. latter from my wife that she will accompany me in UK and she understand her right under the Directive 2004/38/EC (esp. Article 6).

If she really understands Article 6 (Regulation 13, the one that many ECOs do not understand or choose to ignore) then you would not need more documents than you originally had, except for the child's birth certificate, the marriage pictures and the address which all were redundant. There is no need for your wife to declare that she will bear all expenses either or that you have sufficient financial means. She simply needs to state that she wishes you to accompany her when she goes to the UK. You also do not need to explain why you all wish to enter the UK. Most of the VAF5 form you could just leave empty. That's the legal situation.

A full appeal may take the amount of time you have states but initially the entrance clearance officer would have to look at the case and has the power to overturn the original decision. A polite email to the ECM explaining that a refusal under regulation 12 is unjustified in your particular situation (as Jambo pointed out) may help too.

[bdpolska]

thanks 86ti for your valuable advice. My 1st application was only with relevant documents as you mention. please see my 1st message at the top. But i got refused. you also mentioned that i can email to ECM, then when i can mail , after re apply or before. would you suggest me please that what should i write to the ECM ???

My wife told me that she will travel alone , i will stay with my child. then she will apply for NI number and i apply again. But really we dont want to do this. because my child only have 9 months.

Thanks again

[86ti]

Such emails exist for the purpose of making complaints. You could lodge a complaint and hope the decision to be overturned. But the original decision was right in saying that you must either join or accompany your wife and make sure to address the aformentioned concern but you plan to do that anyway. So it is probably best to make a new applications with a stronger cover letter pointing out your rights. But you could also notify the ECM right now that a refusal under Regulation 12 was not justified in your case (because the wife is not in the UK yet) and you hope the ECO to do better with your new application. This, of course, would only be necessary if you decide not to comply with the ECOs request or you believe that the CV may not be convincing enough (proving language skills without formal certificates may be difficult).

[Jambo]

You need to understand that it is your EEA wife that has the rights. Your rights are based on her actions. This should be reflected in the cover letter - your wife is moving and you accompany her (not the other way around) and that she understand the directive.

I think that providing unnecessary documents could also work against you as the ECO might use something in the documents to refuse the application. Better to stick to simple, following the directive, application. Just reapply with the same list of documents as before but with a better cover letter.

[bdpolska]

You need to understand that it is your EEA wife that has the rights. Your rights are based on her actions. This should be reflected in the cover letter - your wife is moving and you accompany her (not the other way around) and that she understand the directive.

I think that providing unnecessary documents could also work against you as the ECO might use something in the documents to refuse the application. Better to stick to simple, following the directive, application. Just reapply with the same list of documents as before but with a better cover letter.

Thanks Jambo once again. You mean that as i applied 1st time with only the stranded supporting documents i should apply again. But in my refusal latter ECO mention about my wife's CV, English language skills, evidence that she is looking for job in uk. I should not submit any relevant documents regarding the cause of 1st refusal ?

[86ti]

But in my refusal latter ECO mention about my wife's CV, English language skills, evidence that she is looking for job in uk. I should not submit any relevant documents regarding the cause of 1st refusal ?

We have already established that the refusal under Reg 12 was unlawful. It is your choice to either simply comply (with some risk of another refusal) or stand up for your rights.

[bdpolska]

Thanks to all friends to advice me. i am going to reapply as u suggested. if i need any more information i will write again.
Once more thanks to all.

[lawwy]

[quote="86ti"][quote="bdpolska"]4. She simply needs to state that she wishes you to accompany her when she goes to the UK. You also do not need to explain why you all wish to enter the UK. Most of the VAF5 form you could just leave empty. That's the legal situatio.[/quote

I always enjoys your replies, I thanks you for your last message concerning our application later next year.

I still expect more information concerning all the choices we have, you mentioned in your last message.

Really appreciate.

lawwy.

[bdpolska]

Hello every one once again. Atlast i got EEA Family permit. ( 2nd time application.) I want to give thanks to everyone in this forum. Really this forum was helpful for me to apply. >>If i read this foram 1st time i should get visa 1st time. Any way at last i got it. Thanks once again to every 1 here.