EEA family permit for wife

I am re-posting the messages below for reference from a thread I opened before which is now locked. A friend's wife who - after applying for a second time earlier this year - had her second application for an EEA Family Permit rejected on the basis that we did not present any new evidence (which was correct). Unfortunately, for various reasons we were unable to appeal within the specified time.

My question is: beyond the documentation we have already submitted - including ID (passports), marriage certificate and his pay slips - is there any further evidence which could change rejection to approval? I was thinking along the lines of a plane ticket if - now international travel is open again - he were to visit her?

Any help would be gratefully received.

Thank you.

I have been helping my friend - who has been continually resident in the UK for over 20 years and who has been granted indefinite leave to remain under the EU Settlement Scheme - apply for a visa for his wife - whom he married two years ago - to come and live with him in the UK.

We applied for an EEA Family permit and it was refused because we did not provide sufficient documentation. We re-applied and it was refused again - this time after he and his wife were both interviewed by phone - becasuse it was deemed to be a marriage of convenience, which it is not.

While the period for appeal has now expired, I wondered if anyone here could advise on appropriate next steps.

The reasons given for the refusal are in italics below and my comments follow each reason.

Not providing documentation to prove that my friend is residing in the UK as a qualified person by exercising Treaty rights in accordance with Regulation 6 of the Immigration (European Economic Area) Regulations 2016.

We provided a letter from his employer which was acknowledged in the refusal letter and his indefinite leave to remain letter under the EU Settlement Scheme which was not ackowldged.

His wife did not confirm his correct date of birth.

Apparently, she got the month wrong by one month.

It is not credible that you would not know when you were first introduced, met up and exchanged phone numbers.

The only discrepancy between the answers they apparently gave that I can see from the refusal letter was that my friend said they exchanged telephone numbers the day after they first met while she said it was a week after, but this was in 2003.

It is not credible that you would not know who initiated the conversation.

From the explanation given in the refusal letter, I cannot see any discrepancy between their answers.

It is not credible that your sponsor would not know whether you had a traditional,
customary or religious marriage.

The answers they both apparently gave to the questions about their marriage do not seem to me to be inconsistent; in different ways they both seemed to say the same thing.

It is not credible that you would not know if either of you had friends or family in the UK.

She apparently said that she had friends who live in the UK, he apparently said that as far as he is aware she does not have any friends in the UK.

Thank you for any help you can give.
Top
User avatarZerubbabel
Respected Guru
Posts: 2476
Joined: Fri Jul 06, 2018 8:13 am
Mood:

Re: EEA Family permit refused for wife
Post by Zerubbabel » Mon May 04, 2020 3:03 pm

We provided a letter from his employer which was acknowledged in the refusal letter and his indefinite leave to remain letter under the EU Settlement Scheme which was not ackowldged.
The best way to demonstrate employment is to use tax / NIN / Bank documents (all of them). So you show payslips, then you show bank statements with the same money coming in, then the P60 showing the money paid to HMRC.

This creates an indisputable proof that he is working (=exercising Treaty Right).
indefinite leave to remain under the EU Settlement Scheme
Despite the name, this has nothing to do with EU Regulations. It's a local UK scheme. It doesn't prove by itself that the person is exercising Treaty Right or even lives in the UK.
His wife did not confirm his correct date of birth.
In some cultures, birthdays are not celebrated. So it's not unusual for people to now know exactly the birthdays or relatives. Taken in isolation, it's not a big deal but you have to be caution of making any other mistakes down the line like not remembering when they were introduced.
Top
r0adrunner
Newly Registered
Posts: 3
Joined: Sun May 03, 2020 5:16 pm

Re: EEA Family permit refused for wife
Post by r0adrunner » Tue May 05, 2020 5:25 pm

Thank you for the advice which we will heed.

Are we free to apply again?

If we can, how can we prove he is a resident and is exercising Treaty rights in accordance with Regulation 6 of the Immigration (European Economic Area) Regulations 2016?

Thanks again, much appreciated.
Top
User avatarZerubbabel
Respected Guru
Posts: 2476
Joined: Fri Jul 06, 2018 8:13 am
Mood:

Re: EEA Family permit refused for wife
Post by Zerubbabel » Tue May 05, 2020 6:14 pm

Yes, you are free to apply again. These applications are cheap.

You had 2 issues:

1 - They said he wasn't exercising Treaty Right. You need to counter that showing solid evidence of professional activity. A letter from an employer is not enough. Try to get payslips, P60, bank statements... so that fact won't be open to any dispute.

2 - They believe that marriage is not genuine. That point they will still bring even if you demonstrate point 1. Add as many proofs to show genuine relationship.

But you will get a refusal based only in one point rather than 2. Then take them to a court.

These may help:
https://www.bailii.org/ew/cases/EWHC/Ad ... /1730.html
https://www.bailii.org/uk/cases/UKSC/2017/54.html

Add a cover letter explaining that you will take it automatically to a court in case they refuse.
Top
r0adrunner
Newly Registered
Posts: 3
Joined: Sun May 03, 2020 5:16 pm

Re: EEA Family permit refused for wife
Post by r0adrunner » Tue May 05, 2020 8:46 pm

We will try again addressing those points in particular.

Thank you.
Top
admin1
Newly Registered
Posts: 14
Joined: Sat Apr 04, 2020 12:30 pm
Spain
Re: EEA Family permit refused for wife
Post by admin1 » Wed May 13, 2020 2:50 pm

r0adrunner wrote: ↑Sun May 03, 2020 6:15 pm
I have been helping my friend - who has been continually resident in the UK for over 20 years and who has been granted indefinite leave to remain under the EU Settlement Scheme - apply for a visa for his wife - whom he married two years ago - to come and live with him in the UK.

We applied for an EEA Family permit and it was refused because we did not provide sufficient documentation. We re-applied and it was refused again - this time after he and his wife were both interviewed by phone - becasuse it was deemed to be a marriage of convenience, which it is not.

While the period for appeal has now expired, I wondered if anyone here could advise on appropriate next steps.

The reasons given for the refusal are in italics below and my comments follow each reason.

Not providing documentation to prove that my friend is residing in the UK as a qualified person by exercising Treaty rights in accordance with Regulation 6 of the Immigration (European Economic Area) Regulations 2016.

We provided a letter from his employer which was acknowledged in the refusal letter and his indefinite leave to remain letter under the EU Settlement Scheme which was not ackowldged.

His wife did not confirm his correct date of birth.

Apparently, she got the month wrong by one month.

It is not credible that you would not know when you were first introduced, met up and exchanged phone numbers.

The only discrepancy between the answers they apparently gave that I can see from the refusal letter was that my friend said they exchanged telephone numbers the day after they first met while she said it was a week after, but this was in 2003.

It is not credible that you would not know who initiated the conversation.

From the explanation given in the refusal letter, I cannot see any discrepancy between their answers.

It is not credible that your sponsor would not know whether you had a traditional,
customary or religious marriage.

The answers they both apparently gave to the questions about their marriage do not seem to me to be inconsistent; in different ways they both seemed to say the same thing.

It is not credible that you would not know if either of you had friends or family in the UK.

She apparently said that she had friends who live in the UK, he apparently said that as far as he is aware she does not have any friends in the UK.

Thank you for any help you can give.
Why dont you apply for under Eu settlement scheme family permit? Way easier than eea fp