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Bring my non-EEA refugee fiance and daughter to UK from Austria- Refused twice

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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Radia
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Bring my non-EEA refugee fiance and daughter to UK from Austria- Refused twice

Post by Radia » Wed Oct 09, 2019 8:25 pm

Hey guys
Asking a guidance for our employee.
He is Italian National working here in UK for two years now. he has 5 years pre-settlements visa.
His unmarried non-EEA national, a refugee, living in Austria with their 3 years old daughter.

They already applied twice using the family permit application but refused based on not sending enough proof of their relationship.
I believe it was wrong application as they are not married and didn't live together for more than 2 years.

What are his options now.
Searching this board I gather that she can apply for Fiance Visa and get married once she is in UK.

Any comments and directions please will be appreciated

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Zerubbabel
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Re: Bring my non-EEA refugee fiance and daughter to UK from Austria- Refused twice

Post by Zerubbabel » Wed Oct 09, 2019 8:59 pm

Hello

I am not surprised by the refusal. The case is weak.

- They are not married
- They not live together
- They are in 2 different countries
- They have been in 2 different countries for 2 years

For immigration purposes, they are acquaintances more than any else. For that purpose, even if they formed a couple at one point, they are not living together in a relation akin to marriage with joint responsibilities, accounts and commitments.

As they are not married, the lady is considered at best as his "extended family member" but in this instance, she is not as they don't live together in a relation akin to marriage.

They need to change their circumstances.

The easiest would be to get married in Austria then bring her to the UK using either the EEA route (cheaper/easier) or the UK route. EEA route is always better when the choice is available.

Please note that even if they are married, they need to demonstrate that their relationship is lasting and genuine. The marriage certificate on itself is not enough. They need to show proof of relationship (photos, emails, bills, visits...).

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Re: Bring my non-EEA refugee fiance and daughter to UK from Austria- Refused twice

Post by CR001 » Thu Oct 10, 2019 6:04 am

A fiance visa under the UK immigration rules doesn't apply as they are an EU citizen with only pre settled status.
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Re: Bring my non-EEA refugee fiance and daughter to UK from Austria- Refused twice

Post by Radia » Thu Oct 10, 2019 8:22 am

Thanks guys for your replies.



They are in contact since 2013 and he always visited her spend a week/weekend , 6-7 times a year in Austria.
They have a daughter together and always in contact on whats, viber etc, can prove it.
He used to support her financially but now she does not need.

They want to marry but it is long process in Austria. He needs to go back to Italy for 6 months to get some documents before they will be allowed to marry in Austria, but he wants to stay in UK because he is now UK Resident, has house and Job here.

Can she apply under Extended family? or another way.

Thanks

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Re: Bring my non-EEA refugee fiance and daughter to UK from Austria- Refused twice

Post by Obie » Thu Oct 10, 2019 10:21 am

He ought to have appealed the EEA family permit refusal, as there is no requirement for him to live with her permanently for a durable relationship to exist. Several factors will need to be taken into account such as, the existence of a child, why they do not live together, due to work, and their communications or any support provided to each other, or communications they have had, are all relevant.
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Re: Bring my non-EEA refugee fiance and daughter to UK from Austria- Refused twice

Post by Zerubbabel » Fri Oct 11, 2019 9:34 am

The problem is the following:

As an EEA, if I claim that this person is my mother, this is my father, this is my brother-in-law, this is my wife... etc I can demonstrate that with the proper paperwork. I still have a burden of demonstration, but there is clear paperwork to validate my point.

But it's not always straightforward. I have seen a fine gentlemen in this very forum whose EEA application for his own mother was declined. The Home Office told him: we are not satisfied she is your mother!

For a partner, it's more complicated. It's not enough to say this lady is my partner. I must bring the demonstration that she is. I see in my Facebook a friend going from "in couple", to "it's complicated", to "single", to "in couple" with a different person; all within a week.

Being doesn't give you the right to designated anyone in any country and claim that person is your partner and is therefore entitled to an EEA card. You have to show that the person is really your partner and the burden of proof is on your shoulders. If the person lives in another country, it's hard to demonstrate that she is your partner. You can demonstrate she is your wife, but not your partner.

Honestly, you are with this lady, you have a kid with her, go there and get married. Otherwise, you have a little to no rights in your current situation.

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Re: Bring my non-EEA refugee fiance and daughter to UK from Austria- Refused twice

Post by Radia » Mon Oct 14, 2019 9:06 am

Thanks guys.
You are right. the best way to prove she is his is to get married officially and he was trying to avoid that as he will have to go back to Italy for 6 months before he can get required documents to be taken to Austria get married there officially.

reading the posts here I guess she applied on wrong application. should have used the extended family route with any chance.

I have considered whether you meet the validity, eligibility and suitability requirements for an
EU Settlement Scheme Family Permit, which are set out in Appendix EU (Family Permit) to the Immigration
Rules (https://www.gov.uk/guidance/immigration ... ily-permit). You can also
find out more about the requirements in the guidance on GOV.UK (https://www.gov.uk/familypermit/eu-sett ... ily-permit).
Your application has been refused because you have not provided sufficient evidence to prove
that you are a family member (a spouse; civil partner; child, grandchild, great-grandchild under
21; dependent child, grandchild, great-grandchild over 21; or dependent parent, grandparent,
great-grandparent) of a relevant EEA or Swiss citizen or of their spouse or civil partner as
claimed.
Therefore, you are not eligible to apply for the EU Settlement Scheme Family Permit.
Your application is therefore refused.
Next Steps
If you have further evidence you want us to consider, you can make another application under
the EU Settlement Scheme Family Permit at no cost: https://www.gov.uk/family-permit/eu-set ... ily-permit
Regards

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Re: Bring my non-EEA refugee fiance and daughter to UK from Austria- Refused twice

Post by Zerubbabel » Mon Oct 14, 2019 3:46 pm

If they are not married, she is considered an Extended Family Member at best. Even if they have 5 kids, together, she is an extended family member.

When applying for EEA permit, there are 2 forms:

- EEA(FM)

- EEA(EFM)

Use EEA(EFM). If you use the EEA(FM) for a partner, the refusal is automatic.

That being said, they will indeed get a stronger case if they are married.

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