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EEA Family Permit for UK visit refused. Please help.

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

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

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NoWomanNoCry123
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Joined: Sun Dec 10, 2017 1:58 pm
Wales

EEA Family Permit for UK visit refused. Please help.

Post by NoWomanNoCry123 » Sun Dec 10, 2017 4:23 pm

Dear immigration board users,
Reading through the internet various different things about the UK and its rules and regulations, I am finally here on this forum. I hope someone here can help me.
Just a bit of background: I am a UK national living and working in Germany with my dependent mother. I acquired British citizenship last year by naturalization. My father passed away two years back and since then my mother has been left all by herself. She applied for a visit visa to visit me and my siblings in the UK in between the time after my dad's death and me acquiring British nationality. This was refused, citing reasons that if my mother visits the UK she will not return back. This is untrue. The simple concept is that how could she remain in the UK on a visit visa without becoming illegal in the UK. And who wants to risk that?
Anyway, after acquiring UK citizenship, I got a job in Germany and moved out of the UK. I decided to pursue the EEA route and bring my mother over to Germany. After that, we applied via the usual process to get her EEA Residence card for family of EEA citizen.

It has been a few months, approx. 5 months, and now as Christmas is around the corner, a family gathering would be very desirable. I really have no intentions to going to the UK with my mother for a visit, and remaining there with her. I have a rented apartment here in Germany, a job here, a potential girlfriend, and of course bank account, mobile contracts etc. I am quite invested here actually. But when I made an application to the UK for a EEA Family Permit for my mother to visit the UK with me, it was denied. The reasons given were that I was trying to circumvent UK immigration laws for my mother and bring her to the UK, and then live in the UK. They also said that I did not move my "center of life" in Germany.

The letter from the Home Office is as follows:

"Dear XXXX,

• On XX/XX/2017 you applied for a European Economic Area (EEA) family permit to facilitate your admission to the UK, Au official has considered your application on behalf of the Secretary of State.
• A non-EEA national who is the spouse or civil partner or other direct family member of a British citizen may have a right of admission in the UK under European Union law if certain conditions are met. The conditions are set out in regulations 9 and 11 of the Immigration (European Economic Area) Regulations 2006 ('the EEA Regulations). The conditions for issuing an EEA family permit are set out in regulation 12 of the EEA Regulations.
• You have applied for an EEA family permit on the basis that your British citizen sponsor, XXXX, is residing and exercising their right to free movement in Germany immediately before returning to the UK (hereafter referred to as 'the EEA host country). All the evidence provided has been carefully considered to determine whether you have a right of admission to the UK under the EEA Regulations and should be issued a family permit.
• It is accepted that your sponsor is a British citizen and that you are related as claimed.
However, regulation 9(4)(a) of the EEA Regulations provides that regulation 9 does not apply where the purpose of the residence in the EEA host country is or was as a means for circumventing any immigration laws applying to non-EEA nationals to which the family member would otherwise be subject (such as any applicable requirement under the Immigration Act 1971 to have leave to enter or remain in the UK).
• Consideration has therefore been given to the purpose of you and your British citizen sponsor's residence in the EEA host country. Whilst I am aware that your previous immigration history in the UK is not grounds alone to refuse your application for an EEA Family Permit, I am satisfied that, when considered in conjunction with your statements and the documents submitted with this application, an important factor which is directly relevant to the centre of life test, and in considering whether this application is an attempt to circumvent the UK Immigration Rules.

• In considering whether you and your British citizen sponsor's residence in the EEA host country is or was genuine, relevant factors include: (a) whether the centre of the British citizen's life transferred to the EEA host country (b) the length of the British citizen and the family member's joint residence in the EEA host country (c) the nature and quality of the British citizen and the family member's accommodation in the EEA host country, and whether it is or was the British citizen's principal residence (d) the degree of the British citizen and the family member's integration in the EEA host country (e) whether the family member's first lawful residence in the EU with the British citizen was in the EEA host country
It is noted that you previously applied for a visitor visa on XX/XX/2016 to visit your children in the UK. Your application was refused on XX/XX/2016 because the Entry Clearance Officer was not satisfied with your intentions in wishing to travel to the UK were as stated.
• At the time of your refused application, your sponsor held XXXXX(non-UK/EEA) nationality. It was further noted that since becoming a British citizen and being issued a British passport in XX-XX-2017, your sponsor moved to Germany where you joined them in XX-XX-2017. You have been resident in Germany for 5 months; stating that you are financially supported by your sponsor and wish to accompany them to the UK for 9 days.
• Having considered all of the evidence and information provided in support of your application, and applying the civil law standard of the balance of probabilities, it is not accepted that you and your British citizen sponsor's residence in the EEA host country was genuine. Taking into consideration, your immigration history and the length of time spent in Germany; it is considered that the purpose of you and your British citizen sponsor's residence in the EEA host country was as a means for circumventing the UK's domestic Immigration Rules or other immigration law.


The Decision
For the reasons explained above, it is not accepted that you have a right of admission to the UK under EU law as the family member of a British citizen and your application for an EEA family permit is hereby refused.
Please note that your entitlement to enter the UK has solely been assessed on the basis of the Immigration (European Economic Area) Regulations 2006 (as amended) and the evidence and information you provided in support of your application. If you wish to go to the UK on another basis, for example under the Immigration Rules, then please visit the Home Office website at ww-w.qov.uk/uk-visas-immigration and submit an appropriate application for consideration.
Alternatively, if you consider that you have a right of admission to the UK as a matter of EU law, and are in a position to submit the necessary information to support your application for a family permit to facilitate your admission to the UK, you may wish to submit a further application for consideration. "


So, my question is: is this decision from Home Office legally permitted based on EEA rules and regulations? We just asked for EEA family permit visit visa for my dependent mother, and they cited "centre of life" not being met, and also that I am attempting to "circumvent UK immigration laws."

Can someone with similar experiences or some knowledge in this regard advice?

Personally, I feel quite stressed out, sad and deflated having to battle this time and time again. Am I the only one who feels it is inhumane to scatter family around as individual persons when one has children and spouse/dependent parent living apart? This whole process of getting family members to be with each other, should be a basic human right, and not an immigration tit-for-tat.

I am considering consulting an immigration lawyer to discuss this refusal decision.

Thank you for your kindness.

NoWomanNoCry123
Newly Registered
Posts: 9
Joined: Sun Dec 10, 2017 1:58 pm
Wales

Re: EEA Family Permit for UK visit refused. Please help.

Post by NoWomanNoCry123 » Sun Dec 10, 2017 6:31 pm

I would like to highlight that I am only interested in VISITING the UK along with my dependent mother for which the EEA Family Permit visa was applied. No intention for any longer term settlement in the UK. In this case, do I still need to prove or otherwise "circumventing the UK immigration rules" and "moving center of life in Germany"?
Can someone kindly advice please?

NoWomanNoCry123
Newly Registered
Posts: 9
Joined: Sun Dec 10, 2017 1:58 pm
Wales

Re: EEA Family Permit for UK visit refused. Please help.

Post by NoWomanNoCry123 » Mon Dec 18, 2017 2:00 pm

Anyone??
Please I am approaching the 28 days deadline for appeal. Should I appeal? Can someone kindly advise?

Obie
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Ireland

Re: EEA Family Permit for UK visit refused. Please help.

Post by Obie » Mon Dec 18, 2017 11:35 pm

Does you mum have a residence card in Germany?

You are clearly entitled to appeal the decision.
Judge not, and you will not be judged.

NoWomanNoCry123
Newly Registered
Posts: 9
Joined: Sun Dec 10, 2017 1:58 pm
Wales

Re: EEA Family Permit for UK visit refused. Please help.

Post by NoWomanNoCry123 » Tue Dec 19, 2017 11:43 am

Obie wrote:
Mon Dec 18, 2017 11:35 pm
Does you mum have a residence card in Germany?

You are clearly entitled to appeal the decision.
Hi Obie,
Firstly, I am so very grateful for your reply. Thank you, thank you, thank you.
To answer your question, yes my mum has a residence card valid for 5 years and states "Residence card of family member of EU citizen". This was submitted with the application, but this did not help our case at all. The argument ECO is using is that British immigration laws are being circumvented...because I got my British passport, and then decided to move to Germany not long after, then brought my mother to be with me. BUT, I am not proposing to move back to the UK, it is just to visit. Let's argue that I am lying to immigration now, and actually move back to the UK when they permit my mother a visit visa. Then once she is in the UK, she needs to make further application to stay in the UK? Is that correct? Then they can make this argument and refuse, then it would make sense, and have relevance....Under EU laws, is it allowed to suspect intention/purpose of the visit?

Obie
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Posts: 14837
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: EEA Family Permit for UK visit refused. Please help.

Post by Obie » Tue Dec 19, 2017 11:49 am

Under EU law, the motives which prompted a person to move to another memberstate are of no relevance and must not be taken into account provided the person indeed exercised a genuine treaty rights.
Judge not, and you will not be judged.

NoWomanNoCry123
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Posts: 9
Joined: Sun Dec 10, 2017 1:58 pm
Wales

Re: EEA Family Permit for UK visit refused. Please help.

Post by NoWomanNoCry123 » Tue Dec 19, 2017 4:12 pm

Obie wrote:
Tue Dec 19, 2017 11:49 am
Under EU law, the motives which prompted a person to move to another memberstate are of no relevance and must not be taken into account provided the person indeed exercised a genuine treaty rights.
This is what you say, and this is also what I think. But the argument they make is not only that I had a motive to move to the EU state i.e. Germany, but the actual motive was to circumvent the local British immigration laws. In the refusal letter as my original post, they stated the following: "Regulation 9(4)(a) of the EEA Regulations provides that regulation 9 does not apply where the purpose of the residence in the EEA host country is or was as a means for circumventing any immigration laws applying to non-EEA nationals to which the family member would otherwise be subject."

Thanks again for all your help.

Kind regards,

Larose
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Posts: 7
Joined: Wed Dec 20, 2017 1:16 pm
Jordan

Re: EEA Family Permit for UK visit refused. Please help.

Post by Larose » Thu Dec 21, 2017 5:40 pm

Hello there,
I also get my eeafp refused on12,18,2017
The eco office doubt that my eea national husband is exercising his treaty rights in the uk.
Even we provide pay slips 6 months and original p60 and copy of p45. Proof of his Hcpc registration process (he is a DR) and a certificate of residence in the uk.

But the eco office is pointing that the bank statements should have been in, to proof his residency in the uk.he doubt that the payslips are genuine.

I have the right to appeal.i will send all the refusal letter asap and the list of all documents we provided.


I am really confused and need help please :(

Kind regards,

Ola2
Newbie
Posts: 35
Joined: Fri Nov 10, 2017 1:03 pm
Nigeria

Re: EEA Family Permit for UK visit refused. Please help.

Post by Ola2 » Thu Dec 21, 2017 9:56 pm

Larose wrote:
Thu Dec 21, 2017 5:40 pm
Hello there,
I also get my eeafp refused on12,18,2017
The eco office doubt that my eea national husband is exercising his treaty rights in the uk.
Even we provide pay slips 6 months and original p60 and copy of p45. Proof of his Hcpc registration process (he is a DR) and a certificate of residence in the uk.

But the eco office is pointing that the bank statements should have been in, to proof his residency in the uk.he doubt that the payslips are genuine.

I have the right to appeal.i will send all the refusal letter asap and the list of all documents we provided.


I am really confused and need help please :(

Kind regards,
I would rather advice you to reapply and submit the missing document. Appeal process can take up to a year, and you may have to pay for it, but if you dont mind waiting for that long then go ahead.

Same thing happened to my spouse last month and we quickly submitted the bank statement and today marked it a month of reapplying, we are waiting.

It seems that the processing of your application is less than a month, thats was very quick. The format of your application date is a bit confusing, pls could you confirm if you meant 28th of November 2017 as application date and 18th of December 2017 was the decision date.
thanks.

Larose
Newly Registered
Posts: 7
Joined: Wed Dec 20, 2017 1:16 pm
Jordan

Re: EEA Family Permit for UK visit refused. Please help.

Post by Larose » Fri Dec 22, 2017 11:20 am

Thank you very much for you advise :) . I think its better for me to re apply.

Yes I meant 28 november 2017 and have the decision the 18 of December .it was 15 days working I think.you have to exclude the weekends that what I was told.

I wish to re apply right now but they took the orginal p60 :| and didn't give it back. Bref they didn't give back any document, plus my husband is here visiting me so we cant have uk bank statements from here and then we spend most of our savings. :(

Regards,

NatCam
Member
Posts: 208
Joined: Tue Nov 07, 2017 5:26 am
Georgia

Re: EEA Family Permit for UK visit refused. Please help.

Post by NatCam » Fri Dec 22, 2017 4:51 pm

@NoWomanNoCry123 At least you can have your mother with you to celebrate. Why can't your siblings come over to Germany after all? It wasn't the Immigration/HO that "scattered" your family - it was you, and your siblings.
The whole story looks suspicious to me. The HO office was right I think. Sorry.
Merry Christmas!

jinkazama_11
Member of Standing
Posts: 314
Joined: Fri Dec 03, 2010 7:22 pm

Re: EEA Family Permit for UK visit refused. Please help.

Post by jinkazama_11 » Mon Dec 25, 2017 6:48 pm

Hi @NoWomanNoCry123
I will be grateful if you give me some information re your treaty rights in Germany.

1. Which city you are exercising your treaty rights?
2. How long German authorities took to issue your mum Residence card?
3. How long German embassy took in your mum's home country to issue her a visa for Germany.

I will be greatful for your help.
NoWomanNoCry123 wrote:
Tue Dec 19, 2017 11:43 am
Obie wrote:
Mon Dec 18, 2017 11:35 pm
Does you mum have a residence card in Germany?

You are clearly entitled to appeal the decision.
Hi Obie,
Firstly, I am so very grateful for your reply. Thank you, thank you, thank you.
To answer your question, yes my mum has a residence card valid for 5 years and states "Residence card of family member of EU citizen". This was submitted with the application, but this did not help our case at all. The argument ECO is using is that British immigration laws are being circumvented...because I got my British passport, and then decided to move to Germany not long after, then brought my mother to be with me. BUT, I am not proposing to move back to the UK, it is just to visit. Let's argue that I am lying to immigration now, and actually move back to the UK when they permit my mother a visit visa. Then once she is in the UK, she needs to make further application to stay in the UK? Is that correct? Then they can make this argument and refuse, then it would make sense, and have relevance....Under EU laws, is it allowed to suspect intention/purpose of the visit?

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